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THE
NATIONAL ASSEMBLY
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
26/2001/QH10
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Hanoi,
June 29, 2001
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LAW
ON LAND ROAD TRAFFIC
In order to enhance the State management effect
and to raise the sense of responsibility of agencies, organizations and
individuals with a view to ensuring land road traffic smoothness, order, safety
and convenience in service of people’s movement demand and the cause of
construction and defense of the Fatherland;
Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam;
This Law prescribes land road traffic.
Chapter I
GENERAL PROVISIONS
Article 1.- Regulation
scope
This Law prescribes land road traffic rules and
land road traffic safety conditions of infrastructure, means and people joining
in land road traffic as well as land road transport activities.
Article 2.- Application
objects
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Article 3.- Term
interpretation
In this Law, the terms below shall be construed
as follows:
1. Land roads include roads, land bridges, land
tunnels, land ferries.
2. Land road works include roads, car stops and
parks on roads, water drainage systems, signal lights; marker posts, road
signs, median strips and other support constructions and equipment.
3. Road land means a land section on which land
road works are constructed.
4. Land road safety corridor means land strips
along both sides of a road to ensure traffic safety and protect land road
works.
5. Motorways mean the land road sections used
for passage by traffic means.
6. Road lanes means sections of motorways
divided lengthwise, being wide enough for safe movement of vehicles.
7. Limited size of land road means the space
with limited sizes in height, width of roads, bridges, road tunnels so that
vehicles, including cargoes loaded thereon, safely run through.
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9. Median strips are road parts that divide road
surface for vehicles to run along two separate opposite directions or divide
the motorized vehicle way from the rudimentary vehicle way. The median strips
are classified into fixed and mobile types.
10. Expressways mean roads reserved only for
high-speed vehicles, with median strips dividing roads for vehicles to run
along two opposite directions and without crosscutting other roads on the same
level.
11. The land-road maintenance means carrying out
the work of maintenance and repairs in order to maintain the technical criteria
of roads being under exploitation.
12. Land-road traffic means include motorized
land-road traffic means and rudimentary land-road traffic means.
13. Motorized land-road traffic means
(hereinafter called the motorized vehicles) include automobiles, tractors,
motorized two-wheelers, motorized three-wheelers, mopeds and the like,
including motorized vehicles for the disabled.
14. Rudimentary land-road traffic means
(hereinafter called rudimentary vehicles) include non-motorized vehicles such
as bicycles, cyclos, animal-drawn carts and the like.
15. Special-use vehicles and machines include
construction vehicles and machines farming vehicles and machines, forestry
vehicles and machines, which join in land-road traffic.
16. Means joining in land-road traffic include
land-road traffic means and special-use vehicles and machines.
17. People, joining in land-road traffic include
operators and users of means in land-road traffic; persons handling or leading
animals and pedestrians on land roads.
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19. Vehicle drivers mean operators of motorized
vehicles.
20. Traffic conductors means traffic police or
persons tasked to conduct traffic at places where construction is underway, or
traffic is congested, at ferries and at land bridges on which railways also
run.
21. Dangerous cargoes mean those which, when
carried on roads, may cause harms to human lives, health, environment, safety
and national security.
Article 4.- The
principles of ensuring land-road traffic safety
1. To ensure land-road traffic safety is the responsibility
of agencies, organizations, individuals and the entire society.
2. People joining in traffic must strictly
observe the traffic rules and ensure safety of their own as well as of others.
The means owners and operators shall be held responsible before law for
ensuring the safety conditions of means joining in traffic.
3. The maintenance of land-road traffic order
and safety must be effected synchronously with the techniques and safety of
land-road traffic infrastructures, land-road traffic means, the law observance
sense of people in traffic and other domains related to land-road traffic
safety.
4. All acts of violating the land-road traffic
legislation must be handled in a strict, just, prompt and lawful manner.
5. Those who violate the land-road traffic
legislation and cause accidents shall be accountable for their acts of
violation; if causing damage to other persons, they must pay compensation
therefor according to law provisions.
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1. The State prioritizes the development of
land-road traffic infrastructures in mountain regions, deep-lying, remote,
border, island regions, ethnic minority regions, key economic regions.
2. The State adopts the policy of prioritizing
the development of mass transit and restricting the use of personal
communications means in big cities.
3. The State encourages and creates conditions
for domestic agencies, organizations and individuals as well as foreign
organizations and individuals to invest in and apply advanced sciences and
technologies to the field of land-road traffic.
Article 6.- Propagation,
dissemination and education of land-road traffic legislation
1. Information and propaganda agencies shall
have to organize the propagation and dissemination of land-road traffic
legislation constantly and widely to the entire population.
2. Agencies, organizations and families have the
responsibility to propagate and educate people under their respective
management with the land-road traffic legislation.
3. Agencies exercising the State management over
education and training have the responsibility to include the land-road traffic
legislation in the teaching programs at schools and other educational
establishments, suitable to each branch and each level of study.
Article 7.-
Responsibility of Vietnam Fatherland Front and its member organizations
Vietnam Fatherland Front and its members
organizations shall, within the scope of their tasks and powers, have to
organize and coordinate with functional bodies in organizing the propagation
and mobilization of people to strictly abide by the land-road traffic
legislation; supervise the observance of land-road traffic legislation by
agencies, organizations and individuals.
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1. Destroying land-road works.
2. Illegally digging, drilling and/or cutting
roads; illegally placing or erecting hurdles on roads; illegally opening
passages; grabbing and occupying land-road safety corridor; illegally
dismantling, removing or falsifying road sign works.
3. Illegally using road beds, pavements.
4. Putting motorized vehicles which fail to
satisfy the technical safety criteria into operation on roads.
5. Changing the general structure, components
and/or accessories of motorized vehicles in order to temporarily achieve their technical
criteria when they are put to inspection.
6. Taking part in or organizing illegal vehicle
races.
7. Using narcotics by vehicle drivers.
8. Using alcohol by drivers while operating
vehicles on roads, who are found as having the alcoholic strength of over 80
milligrams/100 milliliters of their blood or 40 milligrams/1 litter of their
breath or other stimulants banned from use by law.
9. Operating motorized vehicles without driving
licenses as prescribed.
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11. Blowing horns and stepping on the
accelerator continuously; blowing horns within the time from 22.00 hrs to 05.00
hrs, blowing hooters and/or using distant flash lights in urban and populous areas,
except for priority vehicles being on duty as provided for by this Law.
12. Illegally transporting dangerous cargoes or
failing to fully abide by the regulations on transportation of dangerous
cargoes.
13. Employing transshipment or other tricks to evade
detection of overload and/or oversize transportation.
14. Fleeing the scene after causing accidents in
order to shirk responsibility.
15. Deliberately refusing to rescue victims of
traffic accidents when having conditions to do so.
16. Taking advantage of traffic accidents to
assault, intimidate, pressure, foment disorder or obstruct the handling.
17. Abusing positions, powers or profession to
breach the Land Road Traffic Law.
18. Other acts which cause danger to people and
means joining in land-road traffic.
Chapter II
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Article 9.- General
rules
1. People joining in traffic must keep to the
right along their travel direction, travel on the prescribed road sections and
obey the road signal system.
2. Drivers and people sitting on front seats of
automobiles furnished with safety belts must fasten the safety belts.
Article 10.- Land road
signal system
1. The land road signal system include traffic
conductors commands, traffic lights, sign boards, road painted lines, marker
posts or protection walls, barricades.
2. Traffic police’s commands:
a) Raising hand vertically straight to signal
people in traffic to stop;
b) Stretching two or one hand horizontally to
signal people in traffic in front or behind the traffic conductors to stop; the
people in traffic on the right and the left of the traffic conductors to go
straight and turn right;
c) Stretching the right hand to the front to
signal that the people in traffic behind and on the right of the traffic
conductors stop; the people in traffic in front of the traffic conductors may
turn right; the people in traffic on the left of the traffic conductors may
travel in all directions; the pedestrians crossing roads must go behind the
traffic conductor.
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a) The green lights means passable;
b) The red lights means pass-ban;
c) The yellow lights means the signal change.
When the yellow light is on, the means operators must stop their vehicles in
front of the stop line, except for cases where operators have already passed
the stop lines, they may continue to move on;
d) The flickering yellow light means being
passable but watching traffic.
4. Road signboards include 5 groups with the
meaning of each group as follows:
a) The ban signboards indicate various bans;
b) The danger signboards warn against dangerous
circumstances likely to occur;
c) Command signboards indicate various commands
to be obeyed;
d) Directing signboards indicate travel directions
or necessary information;
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5. Road painted lines indicate the division of
road lanes, positions, traffic directions, stop positions.
6. Marker posts or protection walls are placed
at the edges of dangerous road sections to guide the people in traffic for the
safety scopes of the road beds and traffic directions.
7. Barricades are put at places where road beds
are bottleneck, at bridge heads, sluice heads, ban roads, impasses, impassable
to vehicles, pedestrians, or at places where traffic should be controlled and
supervised.
8. The Minister of Communications and Transport
shall specify road-signs.
Article 11.- Abiding by
road signals
1. The people in traffic must abide by commands
and instructions of the land road signal system.
2. Where there are traffic conductors, the
people in traffic shall have to obey their commands.
3. Where there exist both the fixed signal
boards and the provisional signal boards, the people join in land traffic shall
have to abide by the commands of the provisional signal boards.
Article 12.- Vehicle
speeds and distance between vehicles
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The Minister of Communications and Transport
shall specify the speeds of motorized vehicles and the placement of speed sign
boards.
2. Vehicle drivers must keep safe distance from
vehicles running immediately before them; where there exists the signboard
" the minimum distance between two vehicles", they must keep a
distance not smaller than the figure inscribed on the signboard.
Article 13.- Using road
lanes
1. Where there are on a road many motor lanes in
the same direction, distinguished from each other by lane-dividing painted
lines, the drivers must keep their vehicles on one lane and are allowed to
change to other lanes at places where it is so permitted; when changing lanes,
they must give advance signals and ensure safety.
2. Where there are on a one-way road
lane-dividing lines, the rudimentary vehicles must keep to the innermost right
lane while the motorized vehicles travel on the left lanes.
3. Assorted means joining in land road traffic
with lower speeds must keep to the right.
Article 14.- Vehicle
overtaking
1. Vehicles asking for permission to overtake
must signal with lights or horns; in urban centers and populous areas from
22.00 hrs to 05.00 hrs, only light signals are used to ask for permission to
overtake.
2. The overtaking vehicle may overtake only
where there appear no obstacles in front of them, no vehicles running from the
opposite direction within the road sections reserved for overtaking and the
vehicle running before gives no signals to overtake other vehicles and has
already moved to the right.
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4. When overtaking, vehicles must pass on the
left, except for the following cases where they are permitted to pass on the
right:
a) When the front vehicles give signals to turn
left or are turning left;
b) When trams are running in the middle of
roads;
c) When special-used vehicles are operating on
roads, disenabling them to overtake on the left.
5. Vehicle overtaking is forbidden in the
following cases:
a) The conditions prescribed in Clause 2 of this
Article are not met;
b) There is only one motor lane on a narrow
bridge;
c) Under flyovers, by-roads, slope heads and
other positions with restricted visibility;
d) Where roads cross each other or roads crosscut
railways;
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f) Priority vehicles transmit priority signals
while performing their tasks;
Article 15.- Changing
vehicle directions
1. When wishing to change direction, the mean
operators must speed down and signal the turning directions.
2. While changing direction, the vehicle drivers
must give way to pedestrians and bicycle riders, who are travelling on road
sections reserved for them, give way to vehicles running from the opposite
direction and shall change the direction only when they see that no hindrance
or danger is caused to people and other means.
3. In population areas, drivers may make U turns
at places where roads cut each other and places where exist signboards permitting
U turns.
4. It is prohibited to make U turns at road
sections reserved for road-crossing pedestrians, on bridges, at bridge heads,
under flyovers, in tunnels, at places where roads cut railways, on narrow
roads, at winding road sections with visibility being restricted.
Article 16.- Reversing
vehicles
1. When reversing their vehicles, the operators
must observe behind, give necessary signals and shall reverse only when
realizing no danger.
2. It is forbidden to reverse at areas where
reversing is banned, on the road sections reserved for road-crossing
pedestrians, at places where roads are crosscut, roads crosscut railways, at
places with restricted visibility, in land road tunnels.
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1. On roads which are not divided into two
separate opposite running directions, when two opposite vehicles bypass each
other, the operators must speed down and drive their vehicles to the right
along their respective running directions:
2. Cases of giving way when bypassing each
other:
a) At narrow road sections which permit only one
vehicle to run and where bypasses are available, the vehicles which is closer
to the bypass must move into the bypass and give way to the other vehicle;
b) Vehicles running downhill must give way to
vehicles running uphill;
c) Vehicles facing hurdles in front must give
way to the other vehicles.
3. At night, motorized vehicles running from
opposite directions must switch from long-distance flashlight to short-distance
flashlight.
Article 18.- Stopping,
parking cars on non-urban roads
1. When stopping or parking their vehicles on
non-urban roads, the operators must abide by the following regulations:
a) Giving signals to operators of other means;
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c) Where car stops and/or parks are built or
stipulated on roads, the car drivers must stop and/or park their cars at such
places;
d) After parking their vehicles, the operators
may leave their vehicles only after taking safety measures, if the parking
vehicles occupy part of the motorway, they must place signs for operators of
other means to know;
e) Not opening car doors, leaving car doors open
or stepping down from cars when the safety conditions do not permit;
f) When motorized vehicles stop, the drivers
must not leave their driving positions;
g) Vehicles stopping on sloping road sections
must have their wheels chocked.
2. It is forbidden to stop or park vehicles at
the following positions:
a) On the left of one-way roads;
b) On winding road sections and near slope heads
where visibility is restricted;
c) On bridges, under flyovers;
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e) On road sections reserved for pedestrians to
cross the roads;
f) At cross-sections;
g) At bus stops;
h) In front of and within 5 meters from both
sides of the entrances of public offices or organizations;
i) At road sections wide enough for only one
motor lane;
j) Within railway lines safety areas;
k) Covering road signboards.
Article 19.- Stopping,
parking vehicles on urban roads
When stopping and/or parking their vehicles on
urban roads, the operators must abide by the regulations of Article 18 of this
Law and the following regulations:
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2. Not stopping or parking vehicles on tramways.
Not leaving traffic means on road beds, pavements in contravention of regulations.
Article 20.- Priority
rights of a number of vehicles
1. The following vehicles shall have the
priority right to go before other vehicles when passing cross-roads from any
direction in the following order:
a) Fire-fighting vehicles being on their way to
perform their tasks;
b) Military vehicles, police vehicles being on
their way for urgent tasks;
c) Ambulances performing emergency tasks;
d) Dike-watch vehicles, vehicles performing the
task of overcoming natural disasters or urgent circumstances under the
provisions of law;
e) Police-led motorcades;
f) Funeral vehicle convoys;
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2. Vehicles prescribed at Points a, b, c, d and
e of Clause 1, this Article, when on their way for urgent tasks, must give
signals by horns, banner, lights as prescribed; shall not be restricted in
speed; may enter one-way roads from the opposite direction and other passable
roads even when the red light is on and only follow the instructions of the
traffic conductors.
The Government shall specify the signals of
priority vehicles.
3. When there appear signals of the priority
vehicles, all people in traffic must promptly speed down, avoid or stop close
to the right road side in order to give way. All acts of obstructing the
priority vehicles are forbidden.
Article 21.- Crossing
ferries, pontoon bridges
1. When reaching ferries or pontoon bridges,
vehicles must queue up orderly at the prescribed places, without obstructing
traffic.
2. When embarking ferry-boats, being on ferry-boats
and disembarking ferry-boats, all people must dismount from vehicles, except
the operators of motorized vehicles, special-use vehicles and machines,
diseased people, aged people and disabled people.
3. Motorized vehicles must embark ferry-boats
before rudimentary vehicles and people; when disembarking ferry-boats, people
shall come up first, then the traffic means under the guidance of the traffic
conductors.
4. Priority order for ferry-crossing, pontoon
bridge crossing:
a) The priority vehicles prescribed in Clause 1,
Article 20 of this Law;
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c) Fresh and raw foodstuff vans;
d) Mass transit vehicles.
Where priority vehicles of the same kind arrive
at ferries or pontoon bridges simultaneously, the vehicles which arrive first
will cross the ferries or pontoon bridges first.
Article 22.- Giving way
at crossroads
When approaching crossroads, the means operators
must speed down and give way according to the following regulations:
1. At crossroads without signals to move around
the roundabouts, giving way to vehicles coming from the right.
2. At crossroads with signals to move around the
roundabouts, giving way to vehicles coming from the left;
3. At a cross-section between a priority road
and a non-priority road or between a by-road and a main road, the vehicles
coming from the non-priority road or the by-road must give way to vehicles
running on the priority road or the main road from any direction.
Article 23.- Travelling
on cross-sections between roads and railway lines
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2. At the cross- sections between roads and
railway lines where exist only signal lights or signaling bells, when the red
signal light is on or the signaling bells ring, the land road traffic
participants must stop immediately and keep a minimum distance of 5 meters from
the nearest rail lines; when the signal light is off or the signaling bells
stop ringing can they make the crossings.
3. At the cross-sections between roads and
railway lines, where exist no signal lights, no barricades and no signaling
bells, the land-road traffic participants must watch both directions, only when
they feel sure that no railway means are approaching can they make the
crossings; if they see railway means approaching, they must stop and keep a
minimum distance of 5 meters from the nearest rail line and shall make the
crossings only when the railway means have passed.
4. When land-road traffic means break down right
at cross-sections between roads and railway lines and within the railway safety
areas, the means operators must by all fastest ways place signals on the
railway lines at least 500 meters on both sides in order to notify railway
means operators and seek ways to report such to the nearest railways and
station managers, and at the same time apply all measures to take the means out
of the railways line safety areas as soon as possible.
5. People present at the places where the
traffic means break down on the cross-sections between roads and railway lines
have the responsibility to help the operators bring the means out of the
railway safety areas.
Article 24.- Traffic on
expressways
1. Drivers of vehicles running on express ways,
apart from abiding by the traffic rules prescribed in this Law, shall also have
to observe the following regulations:
a) When moving into expressways they must give
signals therefor and give way to vehicles running on the expressways, only when
deeming it safe can they join the vehicles into the traffic flow on the outmost
lane; if there are speed-up lanes, they must drive their vehicles on such lanes
before moving into the expressway lanes;
b) When moving out of expressways, they must
move gradually to the right lanes, if there are speed-down lanes they must
drive their vehicles on such lanes before leaving the expressways;
c) Not running their vehicles on roadsides;
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e) Not running vehicles beyond the maximum speed
and below the minimum speed, which are inscribed on signboards or painted lines
on road surfaces.
2. The vehicle drivers must keep a safe distance
from each other. The Minister of Communications and Transport shall prescribe
the safe distance between vehicles running on roads.
3. They may stop, park their vehicles only at
the prescribed places; where they are forced to stop or park their vehicles not
at the prescribed places, the drivers must drive their vehicles out of the
motorway; if unable to do so they must give signals so that other drivers can
see.
Article 25.- Traffic in
land road tunnels
Operators of means joining in traffic in land
road tunnels, apart from abiding the traffic rules prescribed in this Law, shall
also have to observe the following regulations:
1. The motorized vehicles must switch on their
head lights even when the tunnels are full of light, and the rudimentary
vehicles must be equipped with lights or illuminating objects as signals;
2. They may only stop, park their vehicles at
prescribed places;
3. They must not make U turns and reversals.
Article 26.- Ensuring
land roads load-bearing capacity and size limits
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2. In special cases, vehicles which are
overloaded or oversized beyond the limits prescribed for land roads and
caterpillars which damage road surfaces may run on roads provided that such is
permitted in writing by the road-managing bodies and compulsory measures are
applied to protect roads and bridges and ensure traffic safety.
3. The Minister of Communications and Transport
shall publicize the load-bearing capacity and size limits of land roads,
prescribe the organization and operation of vehicle tonnage inspecting stations
on roads as well as the granting of permits for overloaded and oversized
vehicles and road surface- damaging caterpillars.
Article 27.- Automobiles
pulling automobiles or trailers
1. An automobile may only pull another
automobile when the latter cannot run on its own and shall have to abide by the
following regulations:
a) The pulled automobile must have an operator and
its steering system must still be effective;
b) The hook-up with the pulled automobile must
be firm and safe; where the brake system of the pulled automobile is no longer
effective, the pulling automobile and the pulled automobile must be hooked up
by a hard connecting bar;
c) There must be signal boards in front of the
pulling automobile and behind the pulled automobile.
2. Automobiles pulling trailers must have their
total tonnage bigger than that of trailers or must have brake systems effective
for trailers.
3. The following acts are prohibited:
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b) Transporting people on the pulled
automobiles;
c) Automobiles pulling rudimentary vehicles,
motorized two-wheelers, motorized three-wheelers, mopeds or dragging things on
roads.
Article 28.- Operators
of, people sitting on, motorbikes, mopeds
1. Operators of motorized two-wheelers or mopeds
may each only carry one adult and one child at most; in case of carrying sick
persons for emergency or escorting criminals, they may each carry two adults.
2. The wearing of safety helmets by persons
operating or sitting on motorized two-wheelers, motorized three-wheelers or
mopeds shall be stipulated by the Government.
3. Persons operating motorized two-wheelers,
motorized three-wheelers or mopeds are prohibited to commit the following acts:
a) Running their vehicles abreast;
b) Running vehicles in zigzags and/or swings;
c) Running vehicles in road sections reserved
for pedestrians and other means;
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e) Using their vehicles to pull or push other
vehicles or objects, to carry, shoulder or transport cumbersome things;
f) Taking off both hands from handlebars or
running vehicles on one wheel, for two- wheelers or on two wheels, for
three-wheelers;
g) Using vehicles without silencers and causing
environmental pollution;
h) Other acts of causing traffic disorder and/or
unsafety.
4. Persons sitting on motorized two-wheelers, motorized
three-wheelers or mopeds are prohibited to commit the following acts:
a) Carrying or shouldering cumbersome things;
b) Using umbrellas;
c) Hanging on to, pulling or pushing other
means;
d) Standing on saddles or pillions, or sitting
on handlebars;
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Article 29.- Persons
operating or sitting on bicycles, persons operating other rudimentary vehicles
1. Bicycle operators, when participating in
traffic, must abide by the regulations of Clause 1, Points a, b, c, d, e, f and
h of Clause 3, Article 28 of this Law; persons sitting on bicycle pillions,
when participating in traffic, must abide by the regulations of Clause 4,
Article 28 of this Law.
2. Operators of other rudimentary vehicles must
run their vehicles one after another and keep to the right lanes reserved for
rudimentary vehicles at places where such lanes are available; when travelling
at night time there must be signals in front and behind the vehicles.
3. Goods loaded on rudimentary vehicles must
ensure safety, without obstructing traffic and the operators view.
Article 30.- Pedestrians
1. The pedestrians must go on pavements,
roadsides; where pavements and roadsides are not available, they must walk
close to the road edges.
2. At places where signal lights, painted lines
reserved for pedestrians are not available, the pedestrians, when crossing
roads, must watch approaching vehicles for safe road-crossing, give way to
traffic means moving on roads and take responsibility to ensure safety when
crossing roads.
3. At places where there are signal lights,
painted lines or flyovers, tunnels reserved for the pedestrians, the
pedestrians must abide by the instructing signals and cross the roads at such
places.
4. On roads with median strips, the pedestrians
must not cross over such median strips.
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Article 31.- Disabled,
aged and weak people joining in traffic
1. Disabled people using non-motorized wheel
chairs may travel on pavements and on places with painted lines reserved for
the pedestrians.
2. Visually- handicapped people, when travelling
on roads, must be led by other people or have devices to signal other people
that they are visually handicapped.
3. All people have the responsibility to assist
the disabled old and weak people in crossing roads.
Article 32.- Persons
handling or leading animals on roads
1. Persons handling or leading animals on roads
must herd them close to road edges and ensure sanitation on roads; in cases
where they need to walk the animals across the roads they must watch traffic
and may only let them cross the roads when the safety conditions are fully met.
2. It is forbidden to handle or lead animals
into the motorways.
Article 33.- Other
activities on roads
1. The organization of cultural and/or sport
activities, parades, rituals on roads must comply with the Government’s
regulations.
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3. The following acts are prohibited:
a) Holding markets on roads;
b) Illegally gathering people on roads;
c) Leaving animals unbridled on roads;
d) Illegally gathering materials, discarded
materials; drying paddy, rice stock and straw, agricultural products and other
things on roads;
e) Placing advertisement billboards on road
land;
f) Covering road signs, traffic lights.
Article 34.- Using
street thoroughfares
1. Road beds and pavements are used only for
traffic purposes; in special cases, their temporary use for other purposes
shall be stipulated by the provincial-level People’s Committee presidents but
must not affect traffic order and safety.
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a) Dumping garbage or wastes on streets not at
the prescribed places;
b) Illegally building or placing platforms,
stands on street thoroughfares;
c) Removing lids of street sewages without
permission;
d) Other acts of obstructing traffic.
Article 35.- Organizing
traffic and conducting traffic
1. Organizing traffic shall cover the following
contents:
a) Dividing lanes, flows and routes and setting
traffic time for people and means participating in traffic;
b) Stipulating no-entry road sections, one-way
roads, places banned from stopping, parking, U turns; installing road signs;
c) Announcing temporary or long-term changes in
lane or route division as well as traffic time; applying emergency measures in
case of incidents and other measures for traffic on roads in order to ensure
smooth and safe traffic.
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a) The Minister of Communications and Transport
shall have to organize traffic on the national highway system;
b) The provincial-level People’s Committees
shall have to organize traffic on roads and streets under their respective
management.
3. Traffic police’s responsibility to conduct
traffic:
a) To command, direct traffic on roads; guide or
force people joining in traffic to observe the traffic rules;
b) Upon unexpected circumstances which cause
traffic jams or other urgent requirement to ensure security and order, to
temporarily suspend traffic on certain road sections, re-arrange traffic flows
or routes as well as provisional car stops and parks.
Article 36.- Responsibilities
of individuals, agencies and organizations when traffic accidents occur
1. Drivers and persons directly involved in the
accidents shall have the responsibility to:
a) Immediately stop their vehicles; keep intact
the scene; rescue the victims and must show up at the request of the competent
bodies;
b) Stay at the places of accident until people
of the police office arrive, except for cases where the drivers have also got
injured and must be carried for emergency or their lives are threatened, but
they must submit themselves and report to the police office at the nearest
place;
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2. Persons present at the places where accidents
occur have the responsibility to:
a) Protect the scene;
b) Provide timely assistance and rescue to the
victims;
c) Immediately report to the nearest police
office or People’s Committee;
d) Protect the victims’ property;
e) Provide accurate information on the accidents
at the request of the police offices.
3. Other drivers, when passing the places of
accidents, have the responsibility to carry the victims to medical
establishments for emergency treatment. The priority vehicles and vehicles of
subjects enjoying diplomatic privileges and immunities shall not be compelled
to comply with the provisions of this Clause.
4. Upon receiving reports on accidents, the
police offices shall have to promptly send their officers to the scenes to
investigate the accidents and coordinate with the road management bodies and
the local People’s Committees to ensure smooth and safe traffic.
5. The People’s Committees of the localities
where the accidents occur shall have to promptly inform the police offices of
the accidents for their presence to settle them; to organize the rescue and
assistance of victims, the protection of scene and the protection of the
victims property; in case of death, after the competent State bodies have
completed all work as prescribed by law and permitted the burial and if the
dead victims are unidentified, have no relatives or have relatives who have no
capability for the burial, such People’s Committees shall have to organize the
burial.
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Chapter III
LAND ROAD TRAFFIC
INFRASTRUCTURE
Article 37.- Land road
traffic infrastructure and road classification
1. Land road traffic infrastructure includes
road works, car terminals, car parks and land road safety corridors.
2. The land road network includes national
highways, provincial roads, district roads, communal roads, thoroughfares and
special-use roads.
3. Land roads are named or numbered and graded.
4. The Government shall stipulate the
classification, naming or numbering of roads and the technical criteria of road
grades.
Article 38.- Land road
traffic infrastructure planning
1. The land road traffic infrastructure planning
must be based on the strategies and plannings for socio-economic development,
national defense, security and serve the people’s travel demands.
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The land fund for construction of urban road
traffic infrastructure must ensure appropriate proportions, meeting the
requirement of long-term development of urban traffic.
3. The land road traffic infrastructure
planning, after being approved, must be widely publicized to people for
knowledge.
The Government shall prescribe the order and
procedures for elaboration, approval and publicization of the land road
infrastructure planning.
Article 39.- Land areas
reserved for roads
1. A land area reserved for a road shall include
the land for such road and the road safety corridor.
2. Within the land areas reserved for roads, it
is strictly forbidden to build other works, except for a number of essential
projects which cannot be arranged outside such areas.
The road safety corridor land may be temporarily
used and exploited but without affecting the road work safety and road traffic
safety.
3. The Government shall specify the land areas
reserved for roads, the use and exploitation of road safety corridor land as
well as the construction of essential projects in the land areas reserved for
roads.
Article 40.- Ensuring
the technical requirements and traffic safety of road works
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The road works must be expertised in terms of
traffic safety right at the time of plan elaboration, designing and
construction and throughout the exploitation process as provided for by law.
Article 41.- Road sign
works
1. The road sign works include:
a) The traffic lights;
b) The road signs;
c) The marker posts, barricades or protection
fences;
d) Road painted lines;
e) Milestones;
f) Other signs.
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Article 42.- Project
construction on roads being under exploitation
1. The construction of projects on land roads
being under exploitation shall be carried out only after the competent State
bodies issue permits therefor.
2. In the course of construction, the
construction units shall have to arrange signals, provisional barricades and
apply measures to ensure smooth and safe traffic.
3. The project construction on urban roads must
comply with the provisions of Clauses 1 and 2 of this Article and the following
regulations:
a) Road digging shall only be permitted for
repairing works or building new technical cellars across roads but according to
annual plans consulted in advance with the urban road management bodies, except
for cases of unexpected incidents;
b) There must be construction plan and schedule
suitable to the characteristics of each thoroughfare in order not to cause
traffic congestion;
c) Upon the completion of construction, the
road’s original state must be restored; for underground projects, the dossiers
on completion of the construction thereof must be compiled and handed over to
the urban road management bodies.
Article 43.- Road
management and maintenance
1. Land roads put to exploitation must be
managed and maintained with the following contents:
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b) Regular maintenance, periodical and
unexpected repairs.
2. The responsibility to organize road
management and maintenance is prescribed as follows:
a) The Ministry of Communications and Transport
shall take charge of the national highway system;
b) The provincial-level People’s Committees
shall take charge of the systems of provincial roads, urban roads. The
management and maintenance of district and communal road systems shall be
stipulated by the provincial-level People’s Committees;
c) Special-use roads and roads built with
investment capital not from the State budget source shall be managed and
maintained by investors.
Article 44.- Financial
sources for road management and maintenance
1. The financial sources for road management and
maintenance shall include:
a) State budget allocations;
b) Other revenue sources as prescribed by law.
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Article 45.- Building
crosscuts between roads and railroads
The construction of crosscuts between roads and
railroads must be permitted by competent State bodies; be made according to
designs which meet the technical criteria and traffic safety conditions and
have been approved by competent State bodies.
Article 46.- Car
terminals, parking lots, parks
1. Car terminal and car parking lots must be
built according to plannings already approved and must satisfy the technical
criteria prescribed by the Minister of Communications and Transport.
2. In urban areas, the construction of agencies’
offices, schools, hospitals, trade and/or cultural service centers and
population quarters must include the construction of car parks suitable to the
projects scales.
Article 47.- Protecting
land road traffic infrastructures
1. The land road traffic infrastructure
protection scope shall cover the land area reserved for road, the road safety
corridor, the aerial space, the subterranean portions, the underwater sections
related to project safety and land road traffic safety.
2. Agencies, organizations and individuals have
the responsibility to protect land road traffic infrastructures; participate in
the rescue of road works.
3. Those who discover that road works are
damaged or infringed upon, safety corridors are grabbed and occupied must
promptly report such to the local administrations, the road management bodies
or the nearest police offices for handling; in case of necessity, they must
apply measures to signal such to traffic participants.
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Chapter IV
MEANS JOINING IN LAND
ROAD TRAFFIC
Article 48.- Conditions
for motorized vehicles to join in traffic
1. Automobiles of proper types allowed to join
in traffic must satisfy the following quality, technical safety and
environmental protection criteria:
a) Being fully equipped with effective brake
systems;
b) Being structured with effective
direction-changing system;
c) Their steering wheels are on the left side of
the automobiles;
d) Being fully equipped with distant and close
flash lights, car plate lights, stop lights, signal lights;
e) Having wheels and tires of the right size and
right technical criteria for each type of automobile;
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g) The wind shield glass and door glass must be
of the safety type;
h) Having horns with standard volumes;
i) Being fully equipped with silencers, exhaust
pipes;
j) The structures must be durable enough and
ensure the properties of stable operation.
2. Motorized three-wheelers, motorized
two-wheelers and mopeds of the right types allowed to participate in traffic
must satisfy the quality, technical safety and environmental protection
criteria prescribed at Points a, b, d , e, h, i and j, Clause 1 of this
Article.
3. The motorized vehicles must have registration
papers and number plates, granted by competent State bodies.
4. The Government shall stipulate the year-based
use duration for assorted automobiles engaged in transportation business.
5. The Minister of Communications and Transport
shall prescribe types, quality and technical safety criteria of assorted
motorized vehicles permitted to participate in traffic, except for army and
police motorized vehicles used for defense and security purposes.
Article 49.- Granting
and withdrawal of registration papers and number plates of motorized vehicles
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2. The Minister of Public Security shall
stipulate and organize the granting of registration papers and number plates
for motorized vehicles of various kinds; the Minister of Defense shall
stipulate and organize the granting of registration papers and number plates
for assorted army motorized vehicles used for defense purpose.
3. The Government shall specify the withdrawal
of registration papers and number plates of motorized vehicles of various
kinds.
Article 50.- Ensuring
the quality, technical safety and environmental protection criteria of
motorized vehicles join in land road traffic
1. The manufacture, assembly, modification,
repair, maintenance and import of motorized vehicles participating in land road
traffic must comply with the regulations on quality, technical safety and
environmental protection criteria.
It is strictly forbidden to transform
automobiles of other types into passenger cars.
2. The means owners must not alter the
structure, components and/or systems of automobiles against their designs made
by the manufacturers or the modification designs already approved by competent
bodies.
3. Automobiles participating in land road
traffic must be periodically inspected in terms of their technical safety and
environmental protection criteria (hereinafter called expertise).
4. The heads of the expertising bodies and the
persons directly performing the expertise shall be responsible for the
confirmation of the expertise results.
5. The means owners and the car drivers shall
have to maintain the technical status of the means according to the prescribed
criteria when participating in land road traffic between two expertise periods.
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Article 51.- Conditions
for rudimentary vehicles to join in traffic
When join in traffic, the rudimentary vehicles
of all kinds must satisfy the conditions on land road traffic safety.
Basing themselves on resolutions of the
provincial-level People’s Councils on the requirements to ensure local traffic
order and safety, the provincial-level People’s Committees shall specify the
safety conditions, operation scope, registration papers and number plates
granted to rudimentary vehicles of various kinds in their respective
localities.
Article 52.- Conditions
for special-use vehicles and machines to join in traffic
1. Satisfying the following quality, technical
safety and environmental protection criteria:
a) Having enough effective brake systems;
b) Having effective direction-changing system;
c) Having head lights;
d) Ensuring operators view;
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f) Having silencers, exhaust pipes.
2. Having registration papers and number plates
granted by competent State bodies.
3. Operating within the prescribed scope,
ensuring safety for people, means and road works while on the move.
4. The manufacture, assembly, modification,
repair and import of special-use motorized vehicles and machines of various
kinds must comply with the regulations on quality, technical safety and
environmental protection criteria.
5. The owners and operators of special-use
vehicles and machines shall have to maintain the state of technical safety and
expertise as prescribed for special-use vehicles and machines when joining in
land road traffic.
6. The Minister of Communications and Transport
shall specify the technical safety criteria, the granting of registration
papers and number plates; define the list of special-use vehicles and machines subject
to expertise and organize the expertise; the Minister of Defense and the
Minister of Public Security shall stipulate and organize the granting of
registration papers and number plates as well as the expertise of assorted army
and police special-use vehicles used for defense and security purposes.
Chapter V
CONDITIONS FOR MEANS
OPERATORS TO PARTICIPATE IN LAND ROAD TRAFFIC
Article 53.- Conditions
for motorized vehicle drivers to participate in traffic
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2. The vehicle drivers must be in the age
brackets and in good health as prescribed by this Law.
3. The driving trainees, when participating in
traffic, must practice on driving practice vehicles and have their driving
supported by instructors.
Article 54.- Driving
licenses
1. Depending on types, engine capacity, tonnage
and utility of motorized vehicles, the driving licenses are classified into
indefinite driving licenses and definite driving licenses.
2. The indefinite driving licenses include the
following grades:
a) Grade A1, granted to drivers of motorized
two-wheelers with the engine capacity of between 50 cm3 and under 175 cm3;
b) Grade A2, granted to drivers of motorized
two-wheelers with the engine capacity of 175 cm3 or higher and vehicle types
prescribed for A1-grade driving licenses;
c) Grade A3, granted to drivers of motorized
three-wheelers, vehicle types prescribed for A1- grade driving licenses and
similar vehicles.
3. The definite driving licenses include the
following grades:
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b) Grade B1, granted to drivers of cars of up to
9 seats, trucks and tractors of a tonnage of under 3,500 kg;
c) Grade B2, granted to professional drivers,
drivers of cars of up to 9 seats, trucks and tractors of a tonnage of under
3,500 kg;
d) Grade C, granted to drivers of trucks and
tractors of a tonnage of 3,500 kg or higher and vehicle types prescribed for
licenses of grades B1 and B2;
e) Grade D, granted to drivers of passenger cars
of between 10 and 30 seats and vehicle types prescribed for licenses of grades
B1, B2 and C;
f) Grade E, granted to drivers of passenger cars
of over 30 seats and vehicle types prescribed for licenses of grades B1, B2, C
and D;
g) Driving licenses of grades FB2, FC, FD and
FE, granted to drivers who have already obtained driving licenses of grades B2,
C, D or E to drive vehicles prescribed for these grades of driving licenses
when pulling trailers.
4. The driving licenses are valid nationwide.
5. Driving licenses shall be withdrawn
definitely or indefinitely under the regulations of the Government.
Article 55.- Ages and
health of vehicle drivers
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a) Persons aged full 16 years or older may drive
mopeds with the engine capacity of under 50 cm3;
b) Persons aged full 18 years or older may drive
motorized two-wheelers, motorized three-wheelers with the engine capacity of 50
cm3 or higher and vehicles with similar structure; trucks, tractors with a
tonnage of under 3,500 kg; passenger cars of up to 9 seats;
c) Persons aged full 21 years or older may drive
trucks, tractors with a tonnage of 3,500 kg or more; passenger cars of between
10 and 30 seats;
d) Persons aged full 25 years or older may drive
passenger cars of over 30 seats;
e) The maximum age of the drivers of 30
seat-plus passenger cars shall be 50 for women and 55 for men.
2. Drivers must have good health suitable to the
types and utility of vehicles they drive. The Minister of Communications and
Transport shall consult with the Health Minister in specifying the health
conditions for drivers as well as the periodical health checks for automobile
drivers.
Article 56.- Training
of drivers, examination to grant driving licenses
1. The drivers training establishments must
comply with the content and program prescribed for each kind and grade of
driving license.
2. Persons who have demand to be granted driving
licenses of grades B2, C, D, E and driving licenses of grade F must be trained
on the full-time basis at training establishments.
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a) Upgrading of driving licenses from grade B1
to grade B2;
b) Upgrading of driving licenses from grade B2
to grade C or grade D;
c) Upgrading of driving licenses from grade C to
grade D or grade E;
d) Upgrading of driving licenses from grade D to
grade E;
e) Upgrading of driving licenses from grades B2,
C, D and E to grades of driving licenses for corresponding automobiles with
trailers.
4. Persons who have a demand to be trained for
upgrading of their driving licenses, apart from having to satisfy the conditions
prescribed in Clause 3 of this Article, must have enough driving duration and
the number of safe driving kilometers prescribed for each grade of driving
license.
5. The training of drivers of passenger cars of
10 seats or more and drivers of traffic automobiles may only be effected in
form of training for upgrading under the conditions prescribed in Clauses 3 and
4 of this Article.
6. Drivers training establishments must fully
satisfy conditions on classrooms, driving practice yards, driving practice
cars, contingents of teachers, teaching materials, teaching plans and must be
licensed as prescribed.
7. The examination for granting of driving
licenses must be carried out at drivers examination centers. The drivers
examination centers must be built according to planning, with material-
technical foundations meeting the requirements of examining drivers as
prescribed.
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9. Persons who have been trained and passed the
examinations shall be granted the driving licenses of the right grades they
have passed.
In case of definite driving licenses, before
their expiry, the drivers shall go through heath checks and carry out the
prescribed procedures for renewal of their driving licenses.
10. The Minister of Communications and Transport
shall specify the training contents and programs; examine, grant and renew
driving licenses; the Minister of National Defense, the Minister of Public
Security shall specify the organization of training, examinations, granting and
renewal of driving license for army and polices forces performing the defense
and security tasks.
Article 57.- Conditions
for special-use vehicles and machines to participate in traffic
1. Having to obtain the certificate of fostering
on knowledge about land road traffic legislation, licenses or certificates for
operating special-use vehicles and machines, granted by establishments which
train drivers of special-use vehicles and machines.
2. Being in the age groups and in health
conditions suitable to their working occupations.
Article 58.- Conditions
for rudimentary vehicle drivers to participate in traffic
1. Being knowledgeable about land road traffic
rules.
2. Having good health required for safe
operation of vehicles.
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LAND ROAD TRANSPORTATION
Article 59.- Land road
transportation activities
Land road passenger transportation and cargo
transportation activities mean the activities under the conditions prescribed by
law, which must be strictly managed in order to ensure land road traffic order
and safety.
Article 60.- Working
duration of automobile drivers
In a day, the working duration of an automobile
driver must not exceed 10 hours and the drivers must not be on the wheel for
more than four hours in a row.
Article 61.- Passenger
transportation by car
1. Mass transit cars must run on certain routes
prescribed by the Minister of Communications and Transport.
2. The means owners shall have to observe the
following regulations:
a) The regulations on passenger transportation;
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c) Not giving cars to unqualified persons to
drive.
3. Drivers of passenger cars, apart from
observing the provisions in Clause 2 of this Article, shall also have to abide
by the following regulations:
a) Checking their cars to ensure the safety
thereof before leaving the terminals;
b) Guiding guests to sit at their right places;
c) Checking the arrangement and tying up
baggage, cargoes to ensure safety;
d) Applying measures to protect the passengers
properties and maintain order in their cars;
e) Closing doors before and during the time the
cars run;
f) Taking, discharging passengers at the
prescribed places;
g) Not transporting illegal goods;
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i) Not transporting dangerous goods, fetid
goods, diseased animals or goods adversely affecting the passengers health;
j) Not transporting passengers, baggage and
cargoes beyond the cars designed tonnage;
k) Not piling goods in passengers cabins.
4. Passengers onboard cars must abide by the
following regulations:
a) Strictly following the drivers guidance on
observance of regulations on traffic safety;
b) Not carrying goods banned from transport.
Article 62.- Organization
and operation of passenger car terminals
1. The car terminal management boards shall have
the following tasks:
a) To organize the sale of tickets to
passengers, arrange cars entry into the terminals to take passenger, discharge
passengers, ensuring order and safety;
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c) To organize the provision of services for the
inspection, maintenance and repair of cars safety systems as well as other
services for passengers in order to ensure order and safety in terminals as
well as traffic safety.
2. The Minister of Communications and Transport
shall specify the organization and management of operation of passenger car
terminals.
Article 63.- Goods
transportation by automobiles
1. The transportation of goods by automobiles
must comply with the following regulations:
a) Goods transported on automobiles must be
tidily arranged and firmly tied up;
b) When transporting unpacked goods, there must
be roofs, covering sheets in order to avoid drop of goods.
2. The following acts are prohibited:
a) Transporting goods beyond the designed tonnage
and/or beyond the permitted size limits of automobiles;
b) Carrying people in cars trunks;
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3. The provisions at Point b, Clause 2 of this
Article shall not apply to the following cases:
a) Cars carrying people for the performance of
tasks of natural disaster prevention and combat or the performance of urgent
tasks; cars carrying people for parades and in a number of other special cases
prescribed by the Government.
b) Cars carrying road maintenance workers;
driving practice vehicles carrying driving trainees; vehicles carrying parade
people in convoys and a number of other special cases stipulated by the
Government.
Article 64.- Transporting
superlong and/or superheavy goods
1. Superlong or superheavy goods are goods with the
actual size or weight of each package exceeding the permitted prescribed
limits, but cannot be disassembled.
2. Superlong or superheavy goods must be
transported on automobiles suitable to such type of goods and the land road use
permit granted by competent State bodies is required.
3. Automobiles carrying superlong or superheavy
goods must run at speeds prescribed in the permits and have signs signaling
sizes of goods; in necessary cases, people must be arranged to conduct traffic
in order to ensure traffic safety.
4. The Minister of Communications and Transport
shall specify the transportation of superlong and superheavy goods.
Article 65.- Transportation
of dangerous goods
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2. Automobiles carrying dangerous goods must not
stop and/or park at crowded places or danger-prone places.
3. The Government shall determine the list of
dangerous goods, the transportation of dangerous goods and competence to grant
permits for transportation of dangerous goods.
Article 66.- Land road
transportation activities in urban areas
1. Buses must run on the right routes, according
to the right schedules and stop or park at the right places as prescribed.
2. Drivers of passenger taxi or cargo taxi shall
take and discharge passengers or cargoes according to the agreement between
passengers or goods owners and the taxi drivers but must abide by the
regulations on traffic safety.
3. Public sanitation automobiles, vehicles
carrying waste or unpacked materials must be fully covered in order to avoid
the drop thereof on streets and other lorries must operate on the right routes,
scopes and time prescribed for each type of car.
4. The provincial-level People’s Committees
shall specify the land road transportation activities in urban areas.
Article 67.- Transportation
of passengers, goods by rudimentary vehicles, mopeds, motorized two-wheelers,
motorized three-wheelers and the like
The use of rudimentary vehicles, mopeds,
motorized two-wheelers, motorized three-wheelers and the like for the
transportation of passengers and/or goods must comply with the regulations on
traffic order and safety.
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Chapter VII
STATE MANAGEMENT OVER
LAND ROAD TRAFFIC
Article 68.- Contents
of State management over land road traffic
1. Working out strategies, plannings, plans and
policies on investment in the development of land road traffic; drawing up and
directing the implementation of national programs on traffic safety as well as
measures to ensure smooth and safe land road traffic.
2. Promulgating and organizing the
implementation of, legal documents on land road traffic.
3. Propagating, disseminating and educating on
land road traffic legislation.
4. Organizing, managing, maintaining, protecting
land road traffic infrastructures.
5. Registering, granting and withdrawing number
plates of land road traffic means; granting, withdrawing certificates of
quality, technical safety and environmental protection of land road traffic
means.
6. Managing the training and testing of drivers;
granting, renewing, withdrawing driving licenses.
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8. Inspecting, examining and settling
complaints, denunciations; handling violations of land road traffic
legislation.
9. Undertaking international cooperation on land
road traffic.
Article 69.- Responsibility
for the State management over land road traffic
1. The Government shall exercise the unified
State management over land road traffic.
2. The Ministry of Communications and Transport
shall be responsible before the Government for exercising the State management
over land road traffic.
3. The Ministry of Public Security shall
discharge the tasks of State management over land road traffic under the
provisions of this Law and relevant legislation; coordinate with the Ministry
of Communications and Transport in applying measures to ensure traffic order
and safety.
The Ministry of Public Security and the Ministry
of Communications and Transport shall have to coordinate with each other in
supplying data on registration of land road traffic means, data on traffic
accidents and in granting, renewing as well as withdrawing driving licenses.
4. The Ministry of National Defense shall
discharge the tasks of State management over land road traffic under the
provisions of this Law and relevant legislation.
5. The ministries, ministerial-level agencies
and agencies attached to the Government shall, within the scope of their tasks
and powers, have to coordinate with the Ministry of Communications and
Transport in exercising the State management over land road traffic.
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Article 70.- Land road
traffic inspectorate
1. Land road traffic inspectorate is the
specialized inspectorate.
2. The land road traffic inspectorate shall have
the following tasks:
a) To inspect the observance of law provisions
on protection of land road traffic infrastructures, technical criteria of land
road works and means participating in traffic at static traffic points;
b) To inspect the training and testing of
drivers, the granting, renewal and withdrawal of driving licenses. The
inspection and testing of army and police car drivers shall be stipulated by
the Minister of National Defense and the Minister of Public Security;
c) To inspect the observance of law provisions
on transport activities at static traffic points.
3. The land road traffic inspectorate shall have
the powers:
a) To request concerned agencies, organizations
and/or individuals to supply documents and answer questions on matters
necessary for the inspection;
b) To make records and propose settling
measures;
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4. Inspection delegations and inspectors shall
be accountable before law for their decisions.
5. The Government shall specify the organization
and operation of the land road traffic inspectorate.
Article 71.- Rights and
obligations of the inspected subjects
1. The inspected subjects shall have the
following rights:
a) To request the inspection teams to produce
decisions on inspection and inspectors to produce the inspector’s card and
observe the legislation on inspection;
b) To lodge complaints, denunciations and/or to
initiate lawsuits to competent State bodies about inspection decisions,
inspectors acts and/or inspection conclusions when having grounds to believe
that such have been made not according to law;
c) To demand compensation for damage caused by
unlawful handling measures of the inspection teams or inspectors.
2. The inspected subjects shall be obliged to
satisfy the demand of the inspection teams and inspectors; create conditions
for them to discharge their tasks; abide by the handling decisions of the
inspection teams and inspectors as provided for by law.
Article 72.- Patrol and
control by land road traffic police
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The Minister of Public Security shall specify
the tasks and powers of land road traffic police regarding patrol and control.
Article 73.- Right to
make complaints, denunciations, lawsuits
1. Agencies, organizations and individuals shall
have the right to make complaints and lawsuits against decisions or handling
measures of inspection teams, inspectors and/or traffic police according to law
provisions.
2. Individuals shall have the right to denounce
to competent State bodies acts of violating legislation on land road traffic.
3. Agencies receiving complaints, denunciations
and/or lawsuits shall have to consider and settle them in time as provided for
by law.
Chapter VIII
COMMENDATION, HANDLING
OF VIOLATIONS
Article 74.- Commendation
Agencies, organizations and individuals that
record achievements in the implementation of the Law on Land Road Traffic shall
be commended and/or rewarded according to law provisions.
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1. Those who commit acts of violating the
provisions of this Law shall, depending on the nature, seriousness and
consequences of their violations, be administratively sanctioned or examined
for penal liability; if causing damage, they must compensate therefor according
to the provisions of law.
2. Those who abuse their positions and powers in
land road traffic activities to cause troubles, harassment, to take bribes or
fail to fulfill their assigned tasks, thus causing land road traffic unsafety
shall, depending on the nature and seriousness of their violations, be
disciplined or examined for penal liability; if causing damage, they must pay
compensation therefor according to law provisions.
Chapter IX
IMPLEMENTATION
PROVISIONS
Article 76.- Implementation
effect
This Law shall take implementation effect as
from January 1, 2002.
The previous provisions contrary to this Law
shall all be annulled.
Article 77.- Implementation
guidance
The Government shall detail and guide the
implementation of this Law.
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CHAIRMAN OF THE NATIONAL
ASSEMBLY
Nguyen Van An