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GOVERNMENT OF
VIETNAM
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No: 81/2026/ND-CP
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Hanoi, March 19, 2026
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DECREE
ON PENALTIES FOR ADMINISTRATIVE VIOLATIONS AGAINST
REGULATIONS ON RAILWAY TRAFFIC
Pursuant to the Law on
Government Organization No. 63/2025/QH15;
Pursuant to the Law on
Local Government Organization No. 72/2025/QH15;
Pursuant to the Law on
Penalties for Administrative Violations No. 15/2012/QH13, amended by Law No.
67/2020/QH14 and Law No. 88/2025/QH15
Pursuant to the Law on
Railway No. 95/2025/QH15;
At the request of the
Ministry of Construction;
The Government hereby
issues a Decree on penalties for administrative violations against regulations
on railway traffic
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GENERAL REGULATIONS
Article 1. Scope
1. This Decree regulates
administrative violations; ended or in-progress administrative violations;
penalties, fines, remedial measures for each administrative violation; entities
subject to penalties; authority for imposing penalties and fines according to
each title; authority for making records of administrative violations;
execution of administrative penalties for violations against regulations on
railway traffic.
2. Other the Government’s
Decrees on penalties for administrative violations against relevant regulations
shall apply to other administrative violations that are directly related to
railway traffic and are not provided for in this Decree.
Article 2. Regulated
entities
1. Vietnamese
organizations and individuals, and foreign organizations and/or individuals
(hereinafter collectively referred to as organizations and/or individuals)
committing administrative violations specified in herein within the territory
of the Socialist Republic of Vietnam unless otherwise prescribed by
international treaties to which the Socialist Republic of Vietnam is a
signatory.
2. Organizations
prescribed in Clauses 1 and 2 of this Article, including:
a) State authorities
committing violations that are not related to assigned state management tasks;
c) Public service
providers;
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d) Business organization
established under Law on Enterprises, including: sole proprietorships,
joint-stock companies, limited liability companies, partnerships and entities
affiliated to enterprises (branches, representative offices);
dd) Business organization
established under Cooperative Law, including: artels, cooperatives and unions
of cooperatives;
e) Foreign agencies and
organizations permitted by competent Vietnamese authorities to operate in the
territory of Vietnam, except in cases where international treaties to which the
Socialist Republic of Vietnam is a signatory provide otherwise;
g) Other organizations
established under the law.
3. Households and
household businesses that commit administrative violations specified herein
shall be subject to the penalties similar to individual offenders.
4. Person competent to
make records of administrative violations, apply measures to prevent and ensure
imposition of administrative penalties, person competent to impose
administrative penalties.
Article 3. Forms of
administrative penalties, remedial measures, and rules for application
1. Administrative
penalties specified herein include:
a) Warning;
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2. Depending on the nature
and severity of the violation, the organization or individual may be subject to
one or more of the following additional penalties:
a) Suspension of the train
driving license for 01 to 24 months;
b) Suspension of the
operator license (when operating a road motor vehicle) for 01 to 03 months;
c) Suspension of the
construction permit for 01 to 03 months;
d) Suspension of the
construction for 01 to 03 months;
3. In addition to the
remedial measures stipulated in points a, b, c, and i of Clause 1 of Article 28
of the Law on Penalties for Administrative Violations, organizations and
individuals committing administrative violations specified herein shall be
subject to one or more of the following remedial measures:
a) Enforced provision of
adequate equipment for warning; enforced proper and complete installation and
maintenance of normal operation of signaling systems, signals, and equipment
and protection organization as prescribed;
c) Enforced positioning of
coaches carrying dangerous commodities in accordance with regulations on train
shunting; enforce switch to other tracks according to regulations on train
shunting;
d) Enforced removal from
railway, railway bridges and tunnels; enforced removal of rafts, pontoons,
watercraft, or other objects from the safety perimeter of railway bridges.
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d) Enforced removal of
corpses, remains, flammable or explosive materials, weapons, dangerous goods,
and live animals from trains or stations; enforced removal of flammable or
explosive materials from the land reserved for railways;
e) Enforced removal of
road vehicles, equipment, supplies, materials, commodities, and machinery from
the railway clearance; enforced removal of vehicles, equipment, materials,
commodities, waste materials, and other objects from the safety perimeter of
railway works and the railway safety corridor;
g) Enforced immediate
implementation of measures to ensure the safety of railway work and railway
safety;
h) Enforced system safety
assessment and certification; enforced development, approval, publication and
maintenance of operational safety management system;
i) Enforced removal of any
obstructions to railway signs, markers, or signals; enforced removal of
concrete slabs, wood, steel, and other materials from the safety perimeter of
railway works;
k) Enforced suspension of
construction and application for the issuance of a construction permit as
prescribed within 120 days;
l) Enforced pruning of
height exceeding the prescribed height of trees, relocation of trees planted
against regulations and laws affecting safety of railway works and traffic;
m) Enforced removal of
illegal erected tents and stalls from the land reserved for railways; enforced
removal of works, houses, tents, and stalls that obstruct the construction,
renovation, expansion, and safety of railway works; enforced removal of
advertising boards, banners, or direction signs from the land reserved for
railways;
n) Enforced performance of
special transport and social welfare tasks at the request of the head of the
competent state regulatory authorities;
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p) Enforced organizations
of repair, supplementation, reinforcement, and replacement of damaged railway
infrastructure to ensure quality in accordance with published maximum speed
orders, maximum load orders;
q) Enforced installation
of sufficient safety equipment and signals as prescribed; enforced installation
of sufficient protection signs and signals and immediate implementation of
measures to ensure railway safety;
r) Enforced removal of
supplies, materials, machinery, equipment used for construction, protection
signs, and temporary signs from the railway clearance;
p) Enforced positioning of
vehicles, materials and construction machinery as prescribed, not obstructing
train operation;
t) Enforced registration
for railway vehicles;
u) Enforced restoration to
the original structure, shape and functions of vehicles prior to allowing the
vehicles to participate in railway traffic;
v) Enforced installation
of equipment that satisfies safety and technical standards, or the restoration
of technical attributes of equipment; enforced installation, replacement, or
restoration of the technical attributes of the end-of-train device; enforced
installation of coupling equipment for locomotives, carriages, and specialized
vehicles;
x) Enforced provision of
guide for violators to move the designated location or to disembark; enforced
relocation of commodities and luggage to the designated location; enforced removal
of people and commodities from the locomotive;
y) Enforced arrangement of
alternative means of transport to carry passengers exceeding maximum passenger
capacity of the vehicles; enforced unloading of commodities already loaded onto
the carriage as prescribed.
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Article 4. Ended or
in-progress administrative violations
1. Administrative
violations that have ended or are being committed shall be determined in
accordance with laws on penalties for administrative violations to calculate
the prescriptive periods for imposition of administrative penalties.
2. For violations detected
through professional technical equipment and devices: the end time of acts of
administrative violations shall be from when the mentioned equipment and
devices record the acts of administrative violations.
Chapter II
VIOLATIONS,
FORMS, FINES AND REMEDIAL MEASURES FOR ADMINISTRATIVE VIOLATIONS AGAINST
REGULATIONS ON RAILWAY TRAFFIC
Section 1. VIOLATIONS
AGAINST REGULATIONS ON RAILWAY TRAFFIC SIGNALS, RULES, AND PROTECTION OF
RAILWAY TRAFFIC ORDER AND SAFETY
Article 39. Penalties
for violations against regulations on installation of signaling systems and
devices at railroad crossings and road-rail bridges; connection between traffic
lights with road signaling lights at railroad crossings and road-rail bridges;
provision of safety information at junction between railways and roads
1. A fine ranging from VND 3.000.000 to VND 5.000.000 shall be
imposed on organizations assigned to manage, operate, and maintain railway
infrastructure for committing one of the following violations:
a) Failing to provide
adequate warning information for executing warning tasks at the warning
position;
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2. A fine ranging from VND 6.000.000 to VND 8.000.000 shall be
imposed on organizations assigned to manage, operate, and maintain road traffic
infrastructure with road-rail bridges for committing one of the following
violations:
a) Failing to provide for
form of command and communication between the guard posts at both ends of the
bridge to control traffic on the bridge;
b) Failing to establish
railway or road signal connections at road-rail bridges under management of the
enterprise as prescribed.
3. A fine ranging from VND 8.000.000 to VND 10.000.000 shall be
imposed on organizations assigned to manage, operate, and maintain road and
railway traffic infrastructure for committing one of the following violations:
a) Failing to install,
properly install, or maintain the normal operation of signaling systems,
equipment, and devices at level crossings and road-rail bridges; failing to
organize and implement protective measures as prescribed;
b) Failing to promptly
notify or cooperate with traffic regulating authorities to ensure traffic
safety at level crossings when road traffic light failure occur at level
crossings under their management;
c) Failing to develop
plans for the construction and maintenance of signal connection system, works,
and equipment under management as prescribed.
4. In addition to fines, violators shall also be subject to the
following remedial measures:
a) Enforced provision of
adequate equipment for warning as prescribed for acts under point b of clause 1
of this Article;
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Article 6. Penalties
for violations against regulations on inspection and repair of coaches, train
assembly and brake testing
1. A warning or a fine ranging from VND 300.000 to VND 500.000
shall be imposed on railway car technician for committing one of the following
violations:
a) Failing to inspect or
repair inbound and outbound trains, or conduct inspections or repairs as
prescribed;
b) Repairing coaches on
the rail without implementing safety measures as prescribed;
c) Connecting a coach that
does not satisfy standard and technical regulations to the train;
d) Failing to detect or
repair damage to the coaches resulting in train delay.
2. A fine ranging from VND 500.000 to VND 1.000.000 shall be
imposed on a train dispatcher or station duty officer who assembles a train
against national technical regulations on rail operation.
3. A warning or a fine ranging from VND 1.000.000 to VND
2.000.000 shall be imposed on train dispatchers or station duty officers for
committing one of the following violations:
a) Assemble a train that
includes a coach unsatisfactory to standard, technical regulations, unless the
vehicle is put to test or damaged vehicle is brought back to facility for
repair;
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4. A warning or a fine ranging from VND 2.000.000 to VND
3.000.000 shall be imposed on station duty officers, train captains, train
operators, or train inspectors for committing one of the following violations:
a) Allow a train without
sufficient brake pressure to run from the assembly station to another station
that requires brake testing;
b) Allow a train to run
without brake testing.
5. A warning or a fine ranging from VND 3.000.000 to VND
4.000.000 shall be imposed on rail transport enterprises, railway
infrastructure enterprises or owners of specialized railways for committing one
of the following violations:
a) The rail transport
enterprises failing to regulate contents and titles in charge of technical
inspection as per the law;
b) Railway infrastructure
enterprises and owners of specialized railways failing to regulate location for
technical inspection of the train and failing to supervise the technical
inspection as per the law.
6. A fine ranging from VND 4.000.000 to VND 5.000.000 shall be
imposed on an organization assigned to repair, manage and utilize railway
vehicles that lacks adequate and necessary technical equipment, components and
materials to prepare, examine and maintain railway vehicles at locomotive
station and coach repair stations as per the law.
Article 7. Penalties for
violations against regulations on shunting
1. A warning or a fine ranging from VND 500.000 to VND
1.000.000 shall be imposed on operators of the shunters, shunting commanders or
workers for committing one of the following violations:
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b) Exceed the permissible
shunting limit;
c) Kick or drop a coach
marked “No kicking”, or in a station where kicking is prohibited;
d) Kick a coach to a track
where another coach is under repair or loading; kick a coach to a side track in
the block or a track where lighting is insufficient, or in a foggy or storming
weather;
dd) Let the coach pass the
safety mark after shunting, except for prescribed special cases;
e) Leave a locomotive or
coach on a safety track without order from a competent person;
g) Place chokes on the
rail where prohibited;
h) Carry out shunting
before the coaches are connected as prescribed;
i) Leaves unshunted
coaches on the station track, side track in the block or separate track without
connecting them or without tightening the handbrakes at both ends of the train,
and without securely chocking them.
2. A warning or a fine ranging from VND 1.000.000 to VND
1.500.000 shall be imposed on train operators or shunting commanders who shunt
the train beyond the station perimeter without having the necessary train
operation documents for the shunting team, thus occupying the block.
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a) Leave cars carrying
dangerous commodities (flammable and explosive substances) disconnected from
the train and separated from one another, choked improperly, situated on other
than a separate track or indicated with mobile “stop” signals after shunting;
b) Fail to switch rails
that are leading to coaches containing dangerous commodities (explosives and
flammable substances) to other routes.
4. In addition to fines, violating individuals shall also be
subject to the following remedial measures:
c) Enforced positioning of
coaches carrying dangerous commodities in accordance with regulations on train
shunting for acts specified in point a of clause 3 of this Article;
b) Enforce switch to other
tracks according to regulations on train shunting for acts specified in point b
of clause 3 of this Article.
Article 8. Penalties
for violations against regulations on train operation
1. A warning or a fine ranging from VND 300.000 to VND 400.000
shall be imposed on operators, freight train conductors, passenger train deputy
conductors in charge of passenger safety of passenger trains, or station duty
officers who fail to sign the warning notice as required.
2. A warning or a fine ranging from VND 400.000 to VND 500.000
shall be imposed on train operators, freight train conductors, passenger train
deputy conductors in charge safety, or station duty officers who fail to sign
the warning notice as required.
3. A fine ranging from VND 1.000.000 to VND 3.000.000 shall be
imposed on train operators for committing one of the following violations:
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b) Reverse the train while
the signal transmission is interrupted while another train in the same
direction is running behind;
c) Reverses the train in
the block without orders;
d) Run or reverse the
train without permission after a distress signal has been sent;
dd) Reverses the train
when is pushed by a locomotive to the block.
4. A fine ranging from VND 3.000.000 to VND 5.000.000 shall be
imposed on individuals for committing one of the following violations:
a) Station duty officers,
train operators and conductors allowing the trains to enter the block without
obtaining evident permission to do so;
b) Station duty officers,
operators, conductors and pointsmen allowing unauthorized persons to perform
their tasks without permission.
5. In addition to fines, train operators who violate the
regulations in Clauses 3 and 4 of this Article will also be subject to
suspension of the train driving license for 01 to 03 months
Article 9. Penalties
for violations against regulations on receiving and sending trains
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a) Station duty officers,
pointsmen, level crossing attendants, road-rail bridge attendants, tunnel attendants,
bridge patrols, track patrols, and tunnel patrols failing to receive or send
inbound and outbound trains as prescribed, except for violations specified in
Clauses 2, 3 and 4 of this Article;
b) Station duty officers
failing to log every telegram;
c) Station duty officers,
level crossing attendants, and road-rail bridge attendants failing to record
complete information about train schedules passing through the station, level
crossing, or road-rail bridge as prescribed.
2. A warning or a fine ranging from VND 1.000.000 to VND
2.000.000 shall be imposed on station duty officers who allow trains to stop
before the station entrance signal pole without a valid reason.
3. A fine ranging from VND 2.000.000 to VND 4.000.000 shall be
imposed on level crossing and road-rail bridge attendants who fail to close the
barriers or close them at times other than those prescribed
4. A fine ranging from VND 4.000.000 to VND 6.000.000 shall be
imposed on station duty officers for committing one of the following violations:
a) Failing to take safety
measures when a train is approaching to occupied track;
b) Receiving or sending
the wrong train;
c) Receiving or sending a
train without taking the switch key or lock the switch;
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dd) Allow other railway
vehicles to take over main rail in the stations, unless in case of avoiding
overtaking trains, shunting, rescue, or emergency;
e) Failing to inform duty
officers of stations of arrival and stations of departure, traffic
controllers about train number, actual time of arrival and departure and
crossing when the trains arrive, depart and cross the stations as per the law;
g) Failing to examine and
confirm whether shunting may have influenced and obstructed tracks for
receiving and sending trains as per the law.
Article 10. Penalties
for violations against regulations on observance of railway signals
1. A warning or a fine ranging from VND 500.000 to VND
1.000.000 shall be imposed on train operators, conductors, workers responsible
for the coupling for committing one of the following violations:
a) Failing to respond to
shunting signals by blowing the train whistle;
b) Failing to send
appropriate signals while shunting.
2. A fine ranging from VND 1.000.000 to VND 3.000.000 shall be
imposed on level crossing and road-rail bridge attendants for failing to
regulate traffic when barriers are down, lighting signals are not functioning
or improperly functioning.
3. A warning or a fine ranging from VND 3.000.000 to VND
6.000.000 shall be imposed on train operators, train conductors, and deputy
conductors of passenger trains in charge of safety for committing one of the
following violations:
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b) The train operator who
operate the train past the signals to enter or leave a closed station without
permission from the person issuing train dispatcher;
c) The train operator who
fails to stop the train when it reaches the protective flare and the flare sets
off;
d) The train operator who
keeps the train running even after receiving the stop signal.
4. In addition to fines, train operators who violate the
regulations in Points b, c and d of Clause 3 of this Article will also be
subject suspension of the train driving license for 01 to 03 months
Article 11. Penalties
for violations against regulations on formulation and publication of maximum load
order, maximum speed order and timetable
1. A warning or a fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed on enterprises managing national and local railway
infrastructure assets (excluding urban railways), and owners of specialized
railways for failing to publish or publishing incomplete timetable as
prescribed.
2. A warning or a fine ranging from VND 10.000.000 to VND
15.000.000 shall be imposed on enterprises managing national and local railway infrastructure
assets (excluding urban railways), and owners of specialized railways for
committing one of the following violations:
a) Failing to submit
timetables, or submitting timetables late to relevant organizations, or
submitting incomplete timetables as prescribed;
b) Failing to publicly
disclose maximum load order and maximum speed order as prescribed.
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Article 12. Penalties
for violations against regulations on train dispatching
1. A fine ranging from VND 300.000 to VND 400.000 shall be
imposed on train dispatchers for failing to check the adherence to the
timetable and train assembly plan.
2. A fine ranging from VND 2.000.000 to VND 3.000.000 shall be
imposed on train dispatchers for committing one of the following violations:
a) Issuing orders related
to train operation without proper authority;
b) Failure to order the
station duty officers to send warnings to the train operators in time;
c) Failing to issue a
lockdown order for the block as required;
d) Failing to promptly
issue orders under regulatory authority causing train delays and traffic jams.
3. A warning or a fine ranging from VND 3.000.000 to VND
4.000.000 shall be imposed on station duty officers for failing to issue
warnings to train operators and conductors as prescribed.
Article 13. Penalties
for violations against traffic regulations at level crossings, road-rail
bridges, and railway tunnels
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2. A fine ranging from VND 200.000 to VND 300.000 shall be
imposed on a pedestrian who trespasses the barrier of the level crossing or
road-rail bridge when barrier is moving or has closed or the light has turned
red; disobeys the signals, signs, road markings, or instructions of the
attendant when going through the level crossing or road-rail bridge, or tunnel.
3. A fine ranging from VND 300.000 to VND 500.000 shall be
imposed on operators of bicycles, motorbikes, and other non-motorized vehicles
who fail to comply with traffic signs and road markings when crossing level
crossings or road-rail bridges.
4. A fine ranging from VND 1.000.000 to VND 2.000.000 shall be
imposed on a pedestrian who trespasses the barrier of the level crossing or
road-rail bridge when barrier is moving or has closed or the light has turned
red; disobeys the signals, signs, road markings, or instructions of the attendant
when going through the level crossing or road-rail bridge, or tunnel.
5. A fine ranging from VND 1.000.000 to VND 2.000.000 shall be
imposed on motorcycles, mopeds (including electric motorcycles), and similar
types of vehicles for stopping or parking in level crossings or road-rail
bridges.
6. A fine ranging from VND 4.000.000 to VND 6.000.000 shall be
imposed on a pedestrian who trespasses the barrier of the level crossing or
road-rail bridge when barrier is moving or has closed or the light has turned red;
disobeys the signals, signs, road markings, or instructions of the attendant
when going through the level crossing or road-rail bridge, or tunnel.
7. A fine ranging from VND 6.000.000 to VND 8.000.000 shall be
imposed on operators of automobiles, similar vehicles, tractors, and heavy-duty
vehicles for stopping, parking, or making U-turns in level crossings or
road-rail bridges.
8. A fine ranging from VND 8.000.000 to VND 10.000.000 shall be
imposed on drivers of tractors and specialized vehicles for crossing level
crossings or road-rail bridges while the barrier is moving; crossing level
crossings or road-rail bridges when the red light is on; or failing to comply
with the orders and instructions of level crossing or road-rail bridge
attendants when crossing level crossings or road-rail bridges.
9. A fine ranging from VND 18.000.000 to VND 20.000.000 shall
be imposed on operators of automobiles and similar vehicles for crossing level
crossings or road-rail bridges while the barrier is moving; crossing level
crossings or road-rail bridges when the red light is on; or failing to comply
with traffic signs, road markings, or instructions from level crossing or
road-rail bridge attendants when crossing level crossings or road-rail bridges.
10. A fine ranging from VND 20.000.000 to VND 25.000.000 shall
be imposed on operators of road vehicles for committing one of the following
violations:
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b) Operating tracked
vehicles, steel-wheeled road rollers, and vehicles transporting overweight,
oversized, or overdimensional cargo across level crossings without notifying
the level crossing management organization and without properly implementing
safety measures.
11. In addition to fines, vehicle operators who violate the
regulations in Clauses 6, 8, 9, and 10 of this Article will also be subject
suspension of the operator license (when operating motor vehicles) for 01 to 03
months.
12. In addition to penalties, vehicle operators committing
violation specified in point a of clause 10 of this Article shall also be
subject to remedial measure of enforced restoration of the initial state
altered by administrative violations.
Article 14. Penalties for
violations against regulations on natural disaster management and handling of
railway traffic incidents and accidents
1. A fine ranging from VND 500.000 to VND 1.000.000 shall be
imposed on railway workers for failing to report accidents as required.
2. A fine ranging from VND 500.000 to VND 1.000.000 shall be
imposed on responsible individuals for failing to promptly detect incidents or
obstacles on the railway affecting traffic safety, or for detecting but failing
to promptly report incidents or obstacles on the railway, or failing to take
protective measures or taking protective measures improperly.
3. A fine ranging from VND 2.000.000 to VND 3.000.000 shall be
imposed on responsible individuals for failing to prepare or preparing
incomplete initial accident reports; or failing to promptly inform and report
railway traffic accidents to relevant organizations and individuals as
prescribed.
4. A fine ranging from VND 3.000.000 to VND 4.000.000 shall be
imposed on individuals, and from VND 6.000.000 to VND 8.000.000 shall be
imposed on organizations for committing one of the following violations:
a) Failing to provide or
providing insufficient documents and evidence related to railway traffic
accidents; failing to forward initial accident files as prescribed;
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c) Failing to immediately
go to the scene to resolve a railway traffic accident upon receiving
notification of a railway traffic accident or upon request to cooperate or
provide assistance;
d) Failing to promptly
take measures to handle or prevent railway traffic accidents upon discovering
or receiving notification of damage to railway infrastructure;
dd) Failing to promptly
repair or rectify incidents affecting train operations;
e) Obstructing the
restoration of railway after a railway accident.
5. A fine ranging from VND 6.000.000 to VND 8.000.000 shall be
imposed on individuals for committing one of the following violations:
a) Altering or erasing
evidence at the scene of a railway accident nut not serious to an extent that
the violators are liable to criminal prosecution;
b) Exploiting a railway
accident to infringe upon the property or vehicles involved in the accident;
causing disorder or obstructing the handling of the railway accident but not
serious to an extent that the violators are liable to criminal prosecution;
c) A road vehicle operator
that causes a railway accident but fails to report to the competent authority;
d) Failing to cooperate or
comply with orders from competent authorities in addressing the consequences
and restoring railway traffic.
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a) Failing to establish a
Railway accident resolution council when a railway accident occurs as
prescribed;
b) Failing to maintain
records of railway incidents and accidents, and failing to regularly update
data on the number of railway incidents and accidents as prescribed;
c) Failing to provide for
the responsibilities of units participating in national railway operations in
resolving railway incidents and accidents; failing to publicly disclose the
addresses and telephone numbers of relevant organizations and individuals to
serve the handling of railway incidents and accidents as prescribed.
7. A fine ranging from VND 10.000.000 to VND 20.000.000 shall
be imposed on railway management and business organizations for committing one
of the following violations:
a) Failing to develop and
implement plans for timely prevention, response, and recovery from railway
incidents, natural disasters, and traffic accidents;
a) Failing to comply with
the direction and coordination of forces from the organization for preventing
and responding to railway incidents, natural disasters, and handling railway
traffic accidents;
c) Failing to promptly
notify the station duty officer at both ends of the block where the incident
occurs or rail transport control personnel about incidents threatening train
safety and the suspension of train operations;
d) Failing to suspend
train operations when railway infrastructure is deemed to pose a risk to train
safety;
dd) Failing to establish a
response and rescue team to handle railway incidents and traffic accidents.
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1. A fine ranging from VND 300.000 to VND 500.000 shall be
imposed on individuals for committing one of the following violations:
a) Walking, standing,
lying, sitting, or other acts on the railway, in bridges, or tunnels reserved
for railways, except for railway personnel and law enforcement officers on duty;
b) Crossing fences or
barriers separating the railway from the surrounding area;
c) Allowing animals to
cross the railway improperly or allowing animals to pull carts across the
railway without a driver;
d) Walking, standing,
lying, sitting, or other acts on the roof of a coach, locomotive, or on the steps
of a coach; clinging to, standing, or sitting on the sides of a coach,
locomotive, or connecting areas between coaches or locomotives; opening doors
to board or alight from the train, or extending one's head, hands, feet, or
other objects outside the coach while the train is in motion, except for
railway personnel and law enforcement officers on duty;
dd) Drying straw, rice
stalks, agricultural products, or placing other items on other railway works;
e) Allowing soil, sand, or
other materials to spill onto the railway.
2. A fine ranging from VND 2.000.000 to VND 3.000.000 shall be
imposed on individuals for committing one of the following violations:
a) Anchoring watercraft,
rafts, or other objects within the safety perimeter of railway bridges;
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3. A fine ranging from VND 3.000.000 to VND 5.000.000 shall be
imposed on individuals for committing one of the following violations:
a) Obstructing the
operation of trains, arbitrarily signaling or using equipment to stop trains,
except in cases where a safety incident affecting railway traffic is detected;
b) Placing obstacles on
the railway tracks that hinder railway traffic;
c) Arbitrarily opening
level crossing barriers when they are closed.
4. A fine ranging from VND 5.000.000 to VND 8.000.000 shall be
imposed on individuals, and from VND 10.000.000 to VND 16.000.000 shall be
imposed on organizations that own electrical and telecommunications equipment
and facilities, for committing one of the following violations:
a) Failing to implement
measures to ensure the safety of railway infrastructure and railway transport
when electrical and telecommunications equipment and facilities are located
within the safety perimeter of railway infrastructure or the railway
transport safety corridor;
b) Failing to implement
measures to ensure safety to prevent power facilities and transmission lines
from interfering with railway information and signaling systems;
a) Failing to implement
measures to ensure the safety of railway equipment, infrastructure, and railway
transport when transmission lines malfunction or break within the safety
perimeter of railway infrastructure or the railway transport safety corridor.
5. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be
imposed on individuals for dropping wood, stones, or other objects causing
incidents or accidents during train operations.
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7. A fine ranging from VND 15.000.000 to VND 20.000.000 shall
be imposed on organizations assigned to manage, maintain railway traffic
infrastructure for committing one of the following violations:
a) Failing to implement
technical solutions to ensure railway transport safety during railway
infrastructure operation and business for routes permitted to use slopes
greater than the restricted slope;
b) Failing to implement
measures to ensure the safety of passengers boarding and alighting at stations
with platforms that are currently in use and have not been upgraded or
renovated.
8. In addition to fines, violating individuals shall also be
subject to the following remedial measures:
a) Enforced removal from
railway, railway bridges and tunnels for acts specified in point a of clause 1
of this Article.
b) Enforced removal from
railway, railway bridges and tunnels for acts specified in point dd of clause 1
of this Article.
c) Enforced removal of
soil, sand, other materials, and obstacles from railway tracks for acts
specified in point e of clause 1, point b of clause 3 of this Article;
d) Enforced removal of
rafts, pontoons, watercraft, or other objects from the safety perimeter of
railway bridges point a of clause 2 of this Article;
dd) Leaving road vehicles,
equipment, materials, or goods in violation of the clearance limits adjacent to
railway structures, except for violations specified in point b of clause 2 of
this Article;
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Article 16. Penalties
for violations against regulations on railway system safety management
1. A fine ranging from VND 20.000.000 to VND 30.000.000 shall
be imposed on organizations, enterprises managing, maintaining railway
infrastructure for committing one of the following violations:
a) Putting into operation
and operating newly constructed or upgraded high-speed railway lines, Class 1
railway lines, or urban railway lines without system safety assessment and
certification as prescribed;
b) Failing to develop and
approve an operational safety management system for railway lines put into
operation as prescribed;
c) Failing to publicly
disclose and maintain a safety management system as prescribed.
2. In addition to penalties, organizations and enterprises
managing and operating railway infrastructure that commit violations shall also
be subject to the following remedial measures:
a) Enforced system safety
assessment and certification as prescribed for acts specified in point a of
clause 1 of this Article;
b)
Enforced development, approval, publication and maintenance of operational
safety management system as prescribed for acts specified in points b and c of
clause 1 of this Article.
Section
2. VIOLATIONS AGAINST REGULATIONS ON RAILWAY INFRASTRUCTURE
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1. A fine ranging from VND 300.000 to VND 500.000 shall be
imposed on individuals for dumping or leaving household waste on the railway or
for discharging household waste from trains onto the railway.
2. A fine ranging from VND 3.000.000 to VND 5.000.000 shall be
imposed on individuals, and from VND 6.000.000 to VND 10.000.000 shall be
imposed on organizations for committing one of the following violations:
a) Dumping or leaving
toxic substances or waste on the railway or discharging waste that does not
meet environmental hygiene standards onto the railway;
b) Illegally dumping soil,
rocks, or other materials onto the railway or allowing soil, rocks, or other
materials to fall from trains onto the railway during transport;
c) Obstructing railway
traffic signals;
d) Damaging or disabling
the railway infrastructure drainage system;
dd) Illegally placing
concrete slabs, wood, steel, or other materials in the railway track or within
the safety perimeter of the railway infrastructure;
e) Pumping or discharging
water or other liquids that flood the railway embankment, affecting the
drainage capacity of the railway drainage system or affecting the quality and
safety of the railway infrastructure.
3. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be
imposed on individuals, and from VND 10.000.000 to VND 20.000.000 shall be
imposed on organizations for committing one of the following violations:
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b) Illegally damaging or
dismantling fences or barriers separating the railway from the surrounding
area; altering the position or illegally destroying railway station boundary
markers, railway land boundary markers, fences used to close illegal crossings,
and posts used to narrow illegal crossings;
c) Damaging, altering, or
relocating railway signs, markers, and signals.
4. A fine ranging from VND 10.000.000 to VND 20.000.000 shall
be imposed on individuals, and from VND 20.000.000 to VND 40.000.000 shall be
imposed on organizations for committing one of the following violations:
a) Illegally opening a
crossing over the railway;
b) Illegally drilling,
excavating, or cutting the railway;
c) Illegally dismantling
or relocating rails, sleepers, components, accessories, materials, equipment,
and signaling systems of railways.
5. A fine ranging from VND 20.000.000 to VND 25.000.000 shall
be imposed on individuals, and from VND 40.000.000 to VND 50.000.000 shall be
imposed on organizations for committing one of the following violations:
a) Using explosives;
extract soil, rocks, sand, gravel, and other materials resulting in subsidence,
cracking, landslides, or damage to railway works, obstructing railway traffic;
b) Leaving flammable or
explosive materials within the safety perimeter of railway works or the
railway safety corridor.
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d) Enforced removal of
domestic waste soil, rocks, toxic substances, waste materials, and other
materials from railway tracks for acts specified in Clause 1; points a and b of
Clause 2 of this Article;
a) Enforced removal of
flammable or explosive materials from the land reserved for railways for acts
specified in point b of clause 5 of this Article.
c) Enforced removal
objects obstructing railway traffic signals for acts specified in point c of
clause 2 of this Article;
b) Enforced restoration of
the initial state of the railway drainage system altered by administrative
violations for acts specified in point d of clause 2 of this Article;
dd) Enforced removal of
concrete slabs, wood, steel, and other materials (illegally placed) from the
safety perimeter of railway works for acts specified in point dd of clause 2 of
this Article
e) Enforced restoration of
the initial state altered by administrative violations for acts specified in
point e of clause 2; clause 3; clause 4; and point a of clause 5 of this
Article;
Article 18. Penalties
for violations against regulations on construction, resource extraction, and
other activities in the vicinity of the safety perimeter of railway works
1. A fine ranging from VND 1.000.000 to VND 3.000.000 shall be
imposed on individuals, and from VND 2.000.000 to VND 6.000.000 shall be
imposed on organizations for carrying out construction, resource extraction,
and other activities in the vicinity of the safety perimeter of railway works
without taking measures for assurance of railway work safety and rail transport
safety.
2. A fine ranging from VND 3.000.000 to VND 6.000.000 shall be
imposed on individuals, and from VND 6.000.000 to VND 12.000.000 shall be
imposed on organizations for committing one of the following violations:
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b) Constructing a house
from flammable materials at a distance of less than 05 m from the boundary of
the railway safety corridor;
b) Constructing warehouses
for toxic substances, explosives, flammable substances, or explosive materials
that do not maintain a safe distance from the railway safety corridor boundary
as prescribed;
d) Constructing power
facilities or power transmission lines crossing or alongside railway
infrastructure without ensuring: a safe distance as prescribed by law on
electricity; no interference to railway information and signaling systems;
dd) Carrying out
construction, resource extraction, and other activities in the vicinity of the
safety perimeter of railway works that result in damage to railway
infrastructure;
e) Constructing works
within the railway safety corridor at level crossings without attendants;
3. A fine ranging from VND 10.000.000 to VND 20.000.000 shall
be imposed on individuals, and from VND 20.000.000 to VND 40.000.000 shall be
imposed on organizations for committing violations of the provisions in Clauses
1 and 2 of this Article that cause railway traffic accidents
4. In addition to fines, violators shall also be subject to the
following remedial measures:
a) Enforced implementation
of measures to ensure the safety of railway infrastructure and railway
transport safety for acts specified in clause 1 of this Article;
b) Enforced demolition of
infringing construction work for acts specified in points a, b, c, d, and e of
Clause 2 of this Article.
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Article 19. Penalties
for violations against regulations on use and operation of land reserved for
railways
1. A fine ranging from VND 300.000 to VND 500.000 shall be
imposed on individuals, and from VND 600.000 to VND 1.000.000 shall be imposed
on organizations for committing one of the following violations:
a) Illegally planting
trees within urban railway safety corridor; planting trees taller than 1,5 m or
lower than 1,5 m and affecting work safety and stability and rail transport
safety during operation process or planting trees obstructing vision of road
users within national railway and specialized railway safety corridor;
b) Grazing livestock on
railways, within the safety perimeter of railway works, and within the
railway safety corridor.
2. A fine ranging from VND 500.000 to VND 1.000.000 shall be
imposed on individuals, and from VND 1.000.000 to VND 2.000.000 shall be
imposed on organizations for using land within the safety perimeter the railway
work or the railway safety corridor for agricultural purposes that causes
landslides, subsidence, cracks, damage to railway works, or obstructs railway
traffic.
3. A fine ranging from VND 2.000.000 to VND 3.000.000 shall be
imposed on individuals, and from VND 4.000.000 to VND 6.000.000 shall be
imposed on organizations for committing one of the following violations:
a) Illegally placing
vehicles, equipment, materials, goods, wastes, or other items within the safety
perimeter of the railway or the railway safety corridor, or in stations or
depots;
b) Illegally erecting
booths or tents within the land reserved for railways;
c) Selling goods,
providing services, or holding markets on the railway, within the safety
perimeter of railway infrastructure, or within the railway safety corridor;
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4. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be
imposed on individuals, and from VND 10.000.000 to VND 20.000.000 shall be
imposed on organizations for illegally erecting or placing advertising boards,
banners, or directional signs within the land reserved for railways.
5. In addition to fines, violators shall also be subject to the
following remedial measures:
l) Enforced pruning of height
exceeding the prescribed height of trees, relocation of trees planted against
regulations and laws affecting safety of railway works and traffic for acts
specified in point a of clause 1 of this Article;
b) Enforced restoration of
the initial state altered by administrative violations for acts specified in
clause 2 of this Article.
c) Enforced removal of
vehicles, equipment, materials, commodities, waste materials, and other objects
from the safety perimeter of railway works and the railway safety corridor
for acts specified in point a of clause 3 of this Article;
d) Enforced removal of
illegal erected tents and stalls from the land reserved for railways for acts
specified in point b of clause 3 of this Article;
m) Enforced demolition,
relocation of works, houses, tents, and stalls that obstruct the construction,
renovation, expansion, and safety of railway works for acts specified in point
d of clause 3 of this Article;
d) Enforced removal of
advertising boards, banners, or directional signs from land reserved for
railways for acts specified in clause 4 of this Article;
Article 20. Penalties
for violations against regulations on construction, management, and operation
of essential works and technical infrastructure works shared with railways that
are not part of railway infrastructure within the land reserved for railways
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a) Commencing construction
without written approval of the construction plan, traffic safety measures, and
clearance period from the competent authority as prescribed;
b) Failing to hand over
the construction site and as-built dossiers to the relevant organization upon
construction completion as prescribed;
c) Leaving materials,
machinery and equipment for construction breaching the railway clearance when
blocks are not cleared or clearance period of the blocks is expired.
2. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be
imposed on individuals, and from VND 10.000.000 to VND 20.000.000 shall be
imposed on organizations for committing one of the following violations:
a) Failing to fully adopt
measures to ensure rail transport safety during construction;
d) Failing to promptly
reinforce essential works to ensure railway work safety and rail transport
safety upon detecting or receiving reports on damaged essential works;
c) Failing to actively
relocate or renovate structures at request of competent authorities as per the
law;
d) Failure to demolish the
work upon expired;
dd) Failure to demolish
works that are inconsistent with permits or works whose permits are revoked or
cancelled by competent authorities.
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a) Constructing works
specified in Clauses 1 and 2 of this Article causing railway traffic accidents
or incidents;
b) Illegally constructing
essential works serving national defense, security, natural disaster
management, socio-economic development, and technical infrastructure works
shared with railways within the land reserved for railways;
c) Illegally constructing
other works within the land reserved for railways.
4. In addition to fines, violators shall also be subject to the
following remedial measures:
a) Enforced removal of
machinery, equipment and materials from the railway clearance for acts
specified in point c of clause 1 of this Article;
b) Enforced reinforcement,
relocation, or modification of works that affect railway safety at the request
of competent authorities for acts specified in points b, c of clause 2 of this
Article;
c) Enforced demolition of
works that have expired or works built in violation of the permit for acts
specified in points d, dd of Clause 2 of this Article.
d)
Enforced suspension of construction and application for the issuance of a
construction permit as prescribed within 120 days for acts specified in point b
of Clause 3 of this Article. Enforced
demolition of the work or part of the work built that is not licensed or built
against the license and enforced restoration of the initial state altered by
administrative violations for violations under points c, d of Clause 4 of this
Article in cases where works affect the safety of railway infrastructure or
railway safety;
dd) Enforced restoration
of the initial state altered by administrative violations for acts specified in
point c of clause 3 of this Article.
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1. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be
imposed on organizations assigned to manage, operate, and maintain road traffic
infrastructure for committing one of the following violations:
a) Failing to prepare
management list of level crossings unconformable with Law on Railway; failing
to prepare or update dossiers on dangerous locations for rail transport safety
and illegal crossing across railway;
b) Failing to discover or
report the discovered infringements upon the safety perimeter of railway
infrastructure or the railway safety corridor under their management to
competent authorities;
c) Failing to prepare and
store or properly prepare and store dossiers on management of railway
infrastructure and railway safety corridors;
d) Failing to promptly
detect or comply with regulations when detecting or receiving reports on
violations against railway infrastructure;
dd) Failing to promptly
notify the station duty officer at both ends of the block where the incident
occurs or rail transport control personnel about incidents threatening train
safety and the suspension of train operations, and customers using railway
infrastructure;
e) Failing to establish
routes or implement safety measures at dangerous locations for railway safety
as prescribed;
g) Failure to establish
guard posts at crossings that are dangerous locations regarding rail transport
safety on national railway; failure to provide professional training on warning
and guarding as per the law for persons assigned by local governments for
warning and guarding at illegal crossing;
h) Failing to develop
quality control system for railway work maintenance as prescribed;
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k) Failing to promptly
detect or comply with the law when detecting or receiving reports on damage or
degradation of railway works, parts of railway works or equipment attached to
railway works in terms of quality and thus unsafe for operation and use;
2. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be
imposed on individuals, and from VND 10.000.000 to VND 20.000.000 shall be
imposed on organization assigned to manage and dispose of illegal crossings for
committing one of the following violations:
a) Failing to narrow or
remove illegal crossing in dangerous locations regarding rail transport safety
as prescribed;
b) Failing to organize
safety measures and guard posts at illegal crossings in dangerous locations
regarding rail transport safety as per the law.
3. A fine ranging from VND 15.000.000 to VND 20.000.000 shall
be imposed on organizations assigned to manage, operate, and maintain road
traffic infrastructure for committing one of the following violations:
a) Failure to carry out or
properly carry out inspections as prescribed;
b) Failing to promptly
repair damage to railway works;
c) Failure to repair,
replace or reinforce damaged parts of the railway infrastructure to ensure
satisfaction with publicized maximum speed order and maximum load order;
d) Failing to inspect
implementation of construction plan and measures to ensure rail transport
safety at construction sites on railway lines according to publicized maximum
load order and maximum speed order.
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a) Enforced implementation
of measures to ensure railway transport safety as prescribed for acts specified
in Clause 2; Points a and b of Clause 3 of this Article;
b) Enforced organizations
of repair, supplementation, reinforcement, and replacement of damaged railway
infrastructure to ensure quality in accordance with published maximum speed
orders, maximum load orders for acts specified in Point c of Clause 3 of
this Article;
Article 22. Penalties
for violations against regulations on construction of railway works on railway
in operation
1. A fine ranging from VND 2.000.000 to VND 3.000.000 shall be
imposed on individuals, and from VND 4.000.000 to VND 6.000.000 shall be
imposed on organizations for committing one of the following violations:
a) Failing to notify the
organization directly managing the railway work before commencing the
construction;
b) Failing to provide
adequate signaling and safety equipment during the construction;-
c) Failing to install or
properly install adequate warning signs and signals; failing to take measures
to ensure rail transport safety during the construction process;
d) Operating construction
equipment without an appropriate qualification as per the law;
dd) Retrieving warning
signals before finishing construction and testing structure clearance to allow
operation;
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g) Placing construction
equipment, materials, warning signs, and other materials serving construction
within the railway clearance after the blockade period is expired, except for
violations specified in Point c of Clause 2 of this Article;
h) Failing to notify the
organization directly managing the railway work of the completion of the
construction;
i) Commencing
constructions without requesting for warning as per the law;
k) Failing to adopt
measures to isolate blocks and operate trains as per the law when constructions
are conducted on tracks in operation.
2. A fine ranging from VND 3.000.000 to VND 5.000.000 shall be
imposed on individuals, and from VND 6.000.000 to VND 10.000.000 shall be
imposed on organizations for committing one of the following violations:
a) Commencing construction
without construction permit or without acceptance documents of competent
agencies as per the law (if required by the law);
b) Failing to take
measures for preventing accidents when finding that the construction threatens
rail transport safety;
c) Improperly placing a
vehicle, material, or construction equipment blocking rail transport or
threatening traffic safety;
d) Placing construction
vehicles, materials, and equipment at places in violation of regulations,
causing obstruction to train operation and compromising traffic safety.
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4. A fine ranging from VND 7.500.000 to VND 10.000.000 shall be
imposed on individuals, and from VND 15.000.000 to VND 20.000.000 shall be
imposed on organizations for executing construction on a track in operation
without taking measures for ensuring railway safety as prescribed, causing a
railway accident.
5. In addition to fines, individuals or organizations
committing violations under point e of Clause 1; point a of Clause 2 of this
Article shall be suspended from construction activities for 01 to 03 months.
6. In addition to fines, individuals or organizations
committing violations under Point b of Clause 2 of this Article will also be
subject to suspension of construction permit for 01 to 03 months.
7. In addition to fines, violators shall also be subject to the
following remedial measures:
a) Enforced installation
of sufficient safety equipment and signals as prescribed for acts specified in
point b of clause 1 of this Article;
b) Enforced installation
of sufficient protection signs and signals and immediate implementation of
measures to ensure railway safety as prescribed for acts specified in point c
of Clause 1 of this Article;
c) Enforced removal of
supplies, materials, machinery, equipment used for construction, protection
signs, and temporary signs from the railway clearance for acts specified in
point g of Clause 1 of this Article;
d) Enforced immediate
implementation of measures to ensure railway safety as prescribed for acts
specified in point c of Clause 2 of this Article;
dd) Enforced positioning
of vehicles, materials and construction machinery as prescribed, not
obstructing train operation for acts specified in point d of clause 2 of this Article;
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Article 23. Penalties
for violations against regulations on connection of railway lines
1. A fine ranging from VND 6.000.000 to VND 10.000.000 shall be
imposed on organizations assigned to manage and maintain railway infrastructure
assets and owners of specialized railways for failing to detect or failing to
have measures to prevent and report promptly violations against regulations on
connection of railway lines.
2. A fine ranging from VND 10.000.000 to VND 15.000.000 shall
be imposed on individuals, and from VND 20.000.000 to VND 30.000.000 shall be
imposed on organizations connecting railway lines for committing one of the
following violations:
a) Illegally connecting
railway lines;
b) Failing to adequately
execute contents specified in permit for connecting railway lines;
c) Connecting without
obtaining written agreements of entities managing railway lines to be connected
as prescribed;
d)
Failing to transfer premises and as-built dossiers of construction within the
connection areas as prescribed after connecting.
Section
3. VIOLATIONS AGAINST REGULATIONS ON RAILWAY VEHICLES
Article 24. Penalties
for violations against regulations on the conditions for operation and use of
railway vehicles (for each violating vehicle)
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a) Operating self-made
vehicles on railways;
b) The owner of a railway
vehicle failing to register the vehicle when transferring ownership, changing
its intended use, or altering its main technical specifications.
2. A fine ranging from VND 6.000.000 to VND 10.000.000 shall be
imposed on organizations assigned to manage, operate, and maintain road traffic
infrastructure for committing one of the following violations:
a) Operate railway
vehicles without a certificates of railway vehicle registration or using a
certificates of railway vehicle registration not issued by the competent
authority, except for moving vehicles for inspection and testing of technical
features before acceptance, handover for operation and use, or moving vehicles
from one assembly point to another for storage and preservation;
b) Operate railway
vehicles without a Certificate of conformity from inspection of technical
safety quality and environmental protection, except for moving vehicles for
inspection and testing of technical features before acceptance, handover for
operation and use, or moving vehicles from one assembly point to another for
storage and preservation;
c) Operating railway vehicles
not permitted for operation;
d) Arbitrarily altering
the structure, shape, or functional features of railway vehicles;
e) Failing to inspect the
technical condition and ensure technical safety and environmental protection of
vehicles before participating in traffic;
e) Failing to fulfill the
responsibility of repairing and maintaining vehicles to ensure compliance with
national technical standards between inspection periods;
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3. A fine ranging from VND 15.000.000 to VND 20.000.000 shall
be imposed on organizations for committing violations specified in point c of
clause 2 of this Article, causing railway traffic accidents.
4. In addition to fines, violators shall also be subject to the
following remedial measures:
a) Enforced registration
for railway vehicles for acts specified in point b of clause 1 of this Article;
b) Enforced
restoration to the original structure, shape and functions of vehicles prior to
allowing the vehicles to participate in railway traffic for acts specified in
point d of clause 2 of this Article;
Article 25. Penalties
for violations against regulations on necessary information and instruction for
railway vehicles
1. A fine of VND 2.000.000 to VND 3.000.000 per violating
vehicle and the total fine not exceeding VND 150.000.000 shall be imposed on
organizations directly managing and operating railway vehicles for committing
one of the following violations:
a) Putting into operation
on the national railway system passenger coaches without posted information or
with incomplete information regarding train regulations, train routes, names of
stations along the line, and procedures for handling fire or accidents as prescribed;
b) Putting into operation
urban railway vehicles without or with incomplete information and instruction
for customers as prescribed.
2. A fine ranging from VND 3.000.000 to VND 5.000.000 shall be
imposed on organizations assigned to manage, operate, and maintain road traffic
infrastructure for failing to put up, putting up incomplete mark, or putting up
the incorrect vehicle identification number, registration number, and other
symbols as prescribed on each railway vehicle.
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1. A fine ranging from VND 3.000.000 to VND 5.000.000 shall be imposed
on organizations directly manage, operate railway traffic infrastructure for
committing one of the following violations:
a) Failing to install
automatic (pneumatic, hydraulic, or electric) or manual (mechanical) brake or
functional one on the railway vehicle as prescribed;
a) Failing to install an
emergency brake handle or a functional one in each passenger coach and at the
working position of the conductor;
c) Failing to periodically
check and seal the emergency brake handle and pressure gauge as prescribed;
d) Failing to install a
pressure gauge or a functional one at the working position of the captain and
some passenger cars as prescribed;
dd) Failing to properly
place the equipment for coupling of locomotives, coaches, and special-use
vehicles.
2. A fine ranging from VND 10.000.000 to VND 15.000.000 shall
be imposed on organizations directly manage, operate railway traffic
infrastructure for committing one of the following violations:
a) Failure to equip rear signaling
devices on freight trains without a conductor coach;
b) Failure to equip
functional rear signaling devices as prescribed;
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a) Enforced installation
of equipment that satisfies safety and technical standards, or the restoration
of technical attributes of equipment for acts specified in point a of clause 1
of this Article;
b) Enforced installation
of equipment that satisfies safety and technical standards, or the restoration
of technical attributes of equipment for acts specified in point b of clause 1
of this Article;
c) Enforced installation
of equipment that satisfies safety and technical standards, or the restoration
of technical attributes of equipment for acts specified in point d of clause 1
of this Article;
d) Enforced installation
of coupling equipment for locomotives, carriages, and specialized vehicles for
acts specified in point dd of clause 1 of this Article;
dd) Enforced installation,
replacement, or restoration of the technical attributes of the end-of-train
device for acts specified in clause 2 of this Article;
Article 27. Penalties
for violations against regulations on necessary equipment on railway vehicles
1. A fine ranging from VND 3.000.000 to VND 5.000.000 shall be
imposed on organizations assigned to manage, operate railway vehicles for
putting passenger coach into operation without adequate and functional
equipment.
2. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be
imposed on organizations directly manage, operate railway traffic
infrastructure for committing one of the following violations:
a) The locomotive or
powered vehicle does not have a speedometer, equipment for recording speed and
information related to the train operation (black box), equipment that helps
the driver to stay awake while operating the train (if required) or functional
ones as prescribed;
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3. In addition to fines, violators shall also be subject to the
following remedial measures:
a) Enforced installation
of equipment that satisfies safety and technical standards, or the restoration
of technical attributes of equipment for acts specified in point a of clause 2
of this Article;
b) Enforced installation
of equipment that satisfies safety and technical standards, or the restoration
of technical attributes of equipment for acts specified in point b of clause 2
of this Article;
Article 28. Penalties
for violations against regulations on the use of train driving licenses,
professional certificates/diplomas and qualifications committed by railway
personnel
1. A fine ranging from VND 6.000.000 to VND 8.000.000 shall be
imposed on train operators for operating railway vehicles without carrying a
train driving license.
2. A fine ranging from VND 8.000.000 to VND 10.000.000 shall be
imposed on train operators for operating railway vehicles without a train
driving license but not serious to the extent of criminal prosecution.
3. A fine ranging from VND 10.000.000 to VND 12.000.000 shall
be imposed on railway personnel for using professional certificates/diplomas,
qualifications, or train driving licenses not issued by competent authorities,
but not serious to the extent of criminal prosecution.
Article 29. Penalties
for violations against regulations on alcoholic contents or use of other
stimulants prohibited by law of railroad personnel (except train operators and
train co-operators)
1. A fine ranging from VND 6.000.000 to VND 8.000.000 shall be
imposed for performing duties with a blood alcohol concentration (BAC) or
breath alcohol concentration (BrAC) that does not exceed 50 milligrams/100
milliliters of blood or 0,25 milligrams/1 liter of breath.
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3. A fine ranging from VND 10.000.000 to VND 12.000.000 shall
be imposed for one of the following violations:
a) Working while BAC
exceeds 80 mg per 100 ml of blood, or BrAC exceeds 0,4 mg per liter of breath;
b) Failing to comply with
the law enforcement officer’s order for testing for alcohol contents or other
stimulants prohibited by law;
c) Working under other
narcotic substances or stimulants prohibited by the law.
Article 30. Penalties
for violations against regulations on ensuring railway safety for railway
personnel
1. A fine ranging from VND 500.000 to VND 1.000.000 shall be
imposed for one of the following violations:
a) The conductor allowing
people to walk, stand, lie, or sit on the roof of the coach, hang from the
coach, locomotive, or connector;
b) The conductor or train
operator allowing passengers to get on freight train;
c) Train conductors or
attendants allowing street vendors aboard the trains, allowing persons without
tickets to ride the trains, allowing persons to get on or get off moving
trains; leaving luggage and cargos at 2 ends of the cars while the trains are
moving, except for leaving luggage and cargos of passengers who are about to get
off the trains as the trains enter stations allowing halt and parking;
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dd) The railway personnel
failing to adhere to professional procedures.
2. A fine ranging from VND 3.000.000 to VND 5.000.000 shall be
imposed for violations specified in point dd of clause 2 of this Article
thus causing a railway accident.
3. In addition to fines, individuals/organizations committing
violations under points a, b and c of clause 1 of this Article shall also be
subject to Enforced provision of guide for violators to move the designated
location or to disembark; enforced relocation of commodities and luggage to the
designated location.
Article 31. Penalties
for violations against regulations on permissible number of people on board,
permissible load of railway vehicles and permissible load of railroad and
bridges
1. A fine of VND 1.000.000 to VND 2.000.000 for organizations
directly engaged in railway transport business for carrying passengers
exceeding the officially announced capacity and permitted capacity of each
coach at any given time, calculated per excess passenger, but the total fine
shall not exceed VND 150.000.000.
2. A fine ranging from VND 4.000.000 to VND 6.000.000 shall be
imposed on organizations directly engaged in railway transport business for
committing one of the following violations:
a) Loading goods on each
coach in a manner that exceeds permissible load of that coach by exceeding 5%
up to 40%;
b) Operating railway
vehicles with load uniformly distributed load or axial load exceeding maximum
permissible load of railroad specified in maximum load order up to 10%;
c) Failing to publicize
plans for selling additional seats and converting beds into seats in peak
seasons as per the law.
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a) Loading goods on each
coach in a manner that exceeds permissible load of that car by exceeding 40% up
to 100%;
b) Operating railway
vehicles with load uniformly distributed load or axial load exceeding maximum
permissible load of railroad specified in maximum load order from 10% to 20%;
4. A fine ranging from VND 20.000.000 to VND 40.000.000 shall
be imposed on organizations directly engaged in railway transport business for
committing one of the following violations:
a) Loading goods on each
coach in a manner that exceeds permissible load of that car by exceeding 40% up
to 100%;
b) Operating railway
vehicles with load uniformly distributed load or axial load exceeding maximum
permissible load of railroad specified in maximum load order from more than 20%;
5. In addition to fines, violators shall also be subject to the
following remedial measures:
a) Enforced arrangement of
alternative means of transport to carry passengers exceeding maximum passenger
capacity of the vehicles for acts specified in clause 1 of this Article.
b) enforced unloading of
commodities already loaded onto the carriage as prescribed for acts specified
in Point a of Clause 2; Point a of Clause 3 and Point a of Clause 4 of this
Article;
Article 32. Penalties
for violations against regulations on train vehicle operation for train
operators and co-operators and those
directly operating railway vehicles serving enterprises’ technological
production line
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2. A fine ranging from VND 500.000 to VND 1.000.000 shall be
imposed on train operators for committing one of the following violations:
a) Leaving the operating
position while the locomotive is working;
b) Allowing unauthorized
people or cargo in the locomotive;
c) Disabling the warning
devices that keep the operators awake while operating the train;
d) Disobeys the orders and
instructions of the conductors, signals or signs;
dd) Failing to carry or
adequately carry flags, signal lamps, flares, or chocks in the locomotive
during the shift.
3. A warning or a fine ranging from VND 1.000.000 to VND
2.000.000 shall be imposed on train operators and those directly operating
railway vehicles serving enterprises’ technological production line for
committing one of the following violations:
a) Stopping the train
against the rules without reasonable explanation;
b) Letting the train
moving pass the stop signal;
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4. A warning or a fine ranging from VND 4.000.000 to VND
6.000.000 shall be imposed on train operators and co-operators and those
directly operating railway vehicles serving enterprises’ technological
production line for operate railway vehicles exceeding the speed limit
specified in the speed order by more than 10 km/h to 20 km/h
5. A warning or a fine ranging from VND 8.000.000 to VND
10.000.000 shall be imposed on train operators and those directly operating
railway vehicles serving enterprises’ technological production line for
committing one of the following violations:
a) Operating trains or
railway vehicles serving enterprises’ technological production line exceeding
the speed limits in maximum speed order by up to 20 km/h.
b) Working while BAC not
exceeding 50 mg per 100 ml of blood, or BrAC not exceeding 0,25 mg per liter of
breath;
6. A fine ranging from VND 8.000.000 to VND 10.000.000 shall be
imposed for performing duties with a blood alcohol concentration (BAC) or
breath alcohol concentration (BrAC) that does exceed 50 milligrams/80
milliliters of blood or 0,25 to 0,4 milligrams/1 liter of breath.
7. A fine ranging from VND 30.000.000 to VND 40.000.000 shall
be imposed for one of the following violations:
a) Working while BAC exceeds
80 mg per 100 ml of blood, or BrAC exceeds 0,4 mg per liter of breath;
b) Failing to comply with
the law enforcement officer’s order for testing for alcohol contents or other
stimulants prohibited by regulations and law;
c) Working under other
stimulants prohibited by the law.
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a) Suspension of the train
driving license for 01 to 03 months for acts specified in clause 3, clause 4 of
this Article;
b) Suspension of the train
driving license for 03 to 05 months for acts specified in clause 5 of this
Article;
c) Suspension of the train
driving license for 10 to 12 months for acts specified in clause 6 of this
Article;
d) Suspension of the train
driving license for 22 to 24 months for acts specified in clause 7 of this
Article;
9. In addition to fines, individuals/organizations committing
violations under point b of clause 2 of this Article shall also be subject to
enforced removal of people and commodities from the locomotive.
Article 33. Penalties
for violations against regulations on use of railway personnel committed by
employers
1. A fine ranging from VND 1.000.000 to VND 3.000.000 shall be
imposed on employers for failing to organize periodic health check-ups for
railway personnel within their management as prescribed by law.
2. A fine ranging from VND 6.000.000 to VND 8.000.000 shall be
imposed on employers for failing to organize periodic health check-ups for
railway personnel within their management as prescribed by law.
3. A fine ranging from VND 8.000.000 to VND 10.000.000 shall be
imposed on employers for committing one of the following violations:
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b) Employing railway
personnel who do not meet the prescribed health standards.
Article 34. Penalties
for violations against regulations on formulation of train operation procedures
and shunting operations, rules for technical management of train station and
posting the excerpts of rules for
technical management of train station or rail station.
1. A warning or a fine ranging from VND 1.000.000 to VND
3.000.000 shall be imposed on organization directly operating and/or providing
national railway or specialized railway infrastructures without adequately
posting excerpts of rules for technical management of train station or rail
station as per the law.
2. A fine ranging from VND 3.000.000 to VND 5.000.000 shall be
imposed on organization assigned to directly so business in or operate national
railway or specialized railway infrastructures for committing any of the
following violations:
a) Failing to develop
rules for technical management of train stations, procedures for train
operation and shunting or regulations for operation of rear signaling devices
installed on cargo trains as prescribed;
b)
Failing to develop operational regulations for operators and co-operators;
failing to develop registry serving train operation and warning; failure to
specify train operation measures at intersection between national railway and
specialized railway as prescribed.
Section
4. VIOLATIONS AGAINST REGULATIONS ON RAILWAY BUSINESS
Article 35. Penalties
for violations against regulations on conditions for railway business
1. A warning or a fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed on rail transport enterprise, rail infrastructure
enterprise for committing any of the following violations:
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b) The railway
infrastructure enterprise failing to arrange a person in charge of management
and maintenance of railway infrastructure, a person in charge of the railway
transport operations, a person in charge of the railway traffic safety or
failing to arrange qualified personnel.
2. A warning or a fine ranging from VND 20.000.000 to VND 30.000.000
shall be imposed on railway transport enterprises and railway infrastructure
enterprises for committing one of the following violations:
a) The railway transport
enterprise failing to arrange a railway transport organization department or a
railway transport safety department as prescribed;
b) Railway infrastructure
business enterprises failing to arrange specialized department for managing and
maintaining railway infrastructure, a railway operations department, or a
railway safety department as prescribed.
Article 36. Penalties
for violations against regulations on conditions for rail transport business
1. A warning or a fine ranging from VND 3.000.000 to VND
5.000.000 shall be imposed on rail transport enterprises for committing one of
the following violations:
a) Transporting corpses
and remains against applicable regulations;
b) Transporting live
animals against applicable regulations;
c) Failure to post,
announce or publicize information on transport prices at railway stations and
publicly announce them on mass media or on the website of railway transport
enterprises before the time of application
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2. A warning or a fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed on rail transport enterprises for failing to adhere
to regulations on exemption of tickets or reduction of ticket prices.
3. A warning or a fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed on rail transport enterprises for committing one of
the following violations:
a) Failing to perform
special transportation and social security tasks at the request of the head of
a competent state regulatory authority as prescribed;
b) Failing to comply with
regulations on transporting oversized and overweight cargo;
c) Failing to comply with
regulations on loading, unloading, and transport of dangerous goods;
d) Failing to ensure
minimum living conditions for passengers in case transport is interrupted due
to traffic accidents or natural disasters or enemy sabotage;
c) Failing to comply with
regulations on loading and securing goods on carriages;
e) Failure to arrange
enough personnel to work on the train as prescribed;
e) Failing to develop
operational procedures for personnel on board as prescribed.
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a) Enforced removal of
corpses, remains, and live animals from trains at the nearest station for
further actions as prescribed for acts specified in points a and b of clause 1
of this Article;
b) Failure to perform
special transportation and social security tasks at the request of the head of
a competent state regulatory authority as prescribed for acts specified in
point a of clause 3 of this Article;
c) Enforced immediate
implementation of measures to ensure railway traffic safety as prescribed for
acts specified in points b, c, and dd of Clause 3 of this Article;
Article 37. Penalties
for violations against regulations on use of train tickets and selling train
tickets against the law
1. A fine ranging from VND 500.000 to VND 1.000.000 shall be
imposed on railway personnel for allowing passengers without tickets or using
invalid tickets to board trains.
2. A fine ranging from VND 2.000.000 to VND 4.000.000 shall be
imposed on individuals for committing one of the following violations:
a) Station ticket sales
personnel, train ticket agency sales personnel, or onboard ticket sales
personnel selling train tickets against the law;
b) Buying or selling train
tickets for the purpose of illicit profit.
3. A fine ranging from VND 10.000.000 to VND 15.000.000 shall
be imposed on individuals, and from VND 20.000.000 to VND 30.000.000 shall be
imposed on organizations for committing one of the following violations:
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b) Selling fake train
tickets;
c) Storing fake tickets.
4. In addition to fines, violators shall also be subject to the
following additional penalties:
a) Confiscation of fake
tickets for acts specified in clause 1 of this Article;
b) Confiscation of all
existing train tickets for acts specified in point b of clause 2 of this
Article;
c) Confiscation of all
counterfeit train tickets for acts specified in clause 3 of this Article;
5. In addition to fines, individuals/organizations committing
violations under clause 2 and clause 3 of this Article shall also be forced to
return illegal profits obtained from administrative violations committed.
Section
5. VIOLATIONS AGAINST REGULATIONS ON RAIL TRANSPORT
Article 38. Penalties
for violations against regulations on railway safety and security
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a) Peddling on the train
or in the train station;
b) Failing to comply with
train regulations on the train;
c) Throws earth, stones,
or other objects from the train.
2. A fine ranging from VND 500.000 to VND 1.000.000 shall be
imposed on individuals for committing one of the following violations:
a) Disturbing the order or
safety on the train or in the train stations;
b) Dumps or leaving
garbage on railway vehicles;
c) Bringing an animal that
carries contagious diseases or a wild animal to the station or to the train;
d) Illegally bringing
flammable/explosive substance or weapon to the station or train;
dd) Illegally bringing a
living animal to the train;
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3. A warning or a fine ranging from VND 1.000.000 to VND
2.000.000 shall be imposed on individuals for throwing earth, stones or other
objects at the train.
4. A fine ranging from VND 2.000.000 to VND 5.000.000 shall be
imposed on individuals for threatening or violating health of passengers or
railway employees on mission.
5. A fine ranging from VND 6.000.000 to VND 8.000.000 shall be
imposed on individuals for violating health of passengers or railway employees
on mission.
6.
Apart from incurring penalties, the person who commits any of the violations
specified in Points c, d, dd and e Clause 2 of this Article shall have to
remove the corpse, bones, sick animal, flammable/explosive substance, or
weapon, or living animal from the train (at the nearest train station in case
of moving trains) for further actions as prescribed.
Chapter
III
AUTHORITY TO MAKE RECORDS OF ADMINISTRATIVE VIOLATIONS AND IMPOSE
ADMINISTRATIVE PENALTIES
Article
39. Authority to make records of administrative violations
The following persons have
the authority to make records of administrative violations in the railway
traffic sector:
1. The
titleholders specified in Articles 41, 42 and 43 have the authority to make
records of administrative violations for violations prescribed in this Decree.
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3. Members of inspection teams
and inspection teams have the authority to make records of administrative
violations detected during inspections or examinations and falling within the
contents and scope of such inspections or examinations.
4. Train captains and
deputy passenger train captains in charge of safety who are assigned by train
captains to make records of administrative violations have the authority to
make records of administrative violations occurring on trains.
Article
40. Distinction of authority to impose administrative penalties in the railway
traffic sector
1. Chairpersons of
People’s Committees at all levels have the authority to impose penalties for
violations prescribed in this Decree within their respective local management
areas.
2. The People’s Public Security force has
the authority to impose penalties for violations prescribed in Article 5;
Article 7; Article 8; Article 9; Article 10; Article 11; Article 12; Article
13; Article 14; Article 15; Article 16; Article 17; Article 18; clauses 1, 2
and 3 Article 19; Article 20; Article 22; Article 23; Article 24; Article 25;
Article 26; Article 27; Article 28; Article 29; Article 30; Article 31; Article
32; clause 2 Article 33; points a and b clause 1, points b, c, dd and e clause
3 Article 36; Article 37; and Article 38 of this Decree.
3. The Director of the
Vietnam Railway Authority, Heads of inspection teams established by the
Minister of Construction, Heads of inspection teams established by the Director
of the Vietnam Railway Authority, Heads of inspection teams established by the
Director of Vietnam Register, and Directors of Departments of Construction have
the authority to impose penalties for violations prescribed in this Decree.
Article
41. Authority of Chairpersons of People’s Committees at all levels to impose
penalties
1. Chairpersons of
commune-level People’s Committees have the authority to:
a) Issue warnings;
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c) Suspend licenses or
operations for fixed periods;
d) Confiscate exhibits and
instrumentalities used for commission of administrative violations;
dd)
Impose the remedial measures specified in clause 3 Article 3 of this Decree.
2.
Chairpersons of provincial-level People’s Committees have the authority to:
a) Issue warnings;
b) Impose fines of up to
VND 75.000.000;
c) Suspend licenses or
operations for fixed periods;
d) Confiscate exhibits and
instrumentalities used for commission of administrative violations;
dd)
Impose the remedial measures specified in clause 3 Article 3 of this Decree.
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1. On-duty officers of the
People’s Public Security force have the authority to:
a) Issue warnings;
b) Impose fines of up to
VND 7.500.000;
c) Confiscate exhibits and
instrumentalities used for commission of administrative violations whose value
does not exceed twice the fine specified in point b of this clause.
2.
Heads of company-level Mobile Police units have the authority to:
a) Issue warnings;
b) Impose fines of up to
VND 15.000.000;
c) Confiscate exhibits of
administrative violations whose value does not exceed twice the fine specified
in point b of this clause;
d)
Impose the remedial measures specified in clause 3 Article 3 of this Decree.
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a) Issue warnings;
b) Impose fines of up to
VND 22.500.000;
c) Suspend licenses or
operations for fixed periods;
d) Confiscate exhibits and
instrumentalities used for commission of administrative violations whose value
does not exceed twice the fine specified in point b of this clause;
dd)
Impose the remedial measures specified in clause 3 Article 3 of this Decree.
4.
Heads of Commune-level Police authorities have the authority to:
a) Issue warnings;
b) Impose fines of up to
VND 37.500.000;
c) Suspend licenses or
operations for fixed periods;
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dd)
Impose the remedial measures specified in clause 3 Article 3 of this Decree.
5. The Head of the Division for Guidance and Management
of Business Lines subject to Security and Public Order Conditions and Seals
under the Police Department for Administrative Management of Social Order;
Heads of professional divisions under the Traffic Police Department, including
the Head of the Division for Guidance on Propaganda, Investigation and Handling
of Traffic Accidents; Head of the Division for Guidance on Vehicle Registration
and Inspection; Head of the Division for Guidance on Training, Testing and
Management of Licenses of Vehicle Operators; Head of the Division for Guidance
on Road and Railway Traffic Patrol and Control; Head of the Division for
Guidance on Traffic Control and Convoy Escort; Heads of regiment-level Mobile
Police units; Heads of professional divisions under the Economic Security
Department, including the Head of the Traffic and Construction Security
Division and the Head of the Science, Technology, Natural Resources and
Environment Security Division; Heads of professional divisions under the Fire
Prevention, Firefighting and Rescue Police Department, including the Head of
the Fire Prevention Division and the Head of the Firefighting and Rescue
Division; and Heads of divisions under provincial-level Police Departments,
including the Head of the Police Division for Administrative Management of
Social Order, Head of the Criminal Investigation Police Division for Social
Order Crimes, Head of the Traffic Police Division, Head of the Mobile Police
Division, Head of the Fire Prevention, Firefighting and Rescue Police Division,
and Head of the Economic Security Division, have the authority to:
a) Issue warnings;
b) Impose fines of up to
VND 60.000.000;
c) Suspend licenses or
operations for fixed periods;
d) Confiscate exhibits and
instrumentalities used for commission of administrative violations;
dd)
Impose the remedial measures specified in clause 3 Article 3 of this Decree.
6.
Directors of provincial-level Police Departments have the authority to:
a) Issue warnings;
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c) Suspend licenses or
operations for fixed periods;
d) Confiscate exhibits and
instrumentalities used for commission of administrative violations;
dd)
Impose the remedial measures specified in clause 3 Article 3 of this Decree.
7.
The Director of the Traffic Police Department, Director of the Police
Department for Administrative Management of Social Order, Director of the
Economic Security Department, Director of the Fire Prevention, Firefighting and
Rescue Police Department, and Commander of the Mobile Police have the authority
to:
a) Issue warnings;
b) Impose fines of up to
VND 75.000.000;
c) Suspend licenses or
operations for fixed periods;
d) Confiscate exhibits and
instrumentalities used for commission of administrative violations;
dd)
Impose the remedial measures specified in clause 3 Article 3 of this Decree.
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1. Directors of
Departments of Construction, Heads of inspection teams established by the
Director of the Vietnam Railway Authority, and Heads of inspection teams
established by the Director of Vietnam Register have the authority to:
a) Issue warnings;
b) Impose fines of up to
VND 60.000.000;
c) Suspend licenses or
operations for fixed periods;
d) Confiscate exhibits and
instrumentalities used for commission of administrative violations;
dd)
Impose the remedial measures specified in clause 3 Article 3 of this Decree.
2.
The Director of the Vietnam Railway Authority and Heads of inspection teams
established by the Minister of Construction have the authority to:
a) Issue warnings;
b) Impose fines of up to
VND 75.000.000;
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d) Confiscate exhibits and
instrumentalities used for commission of administrative violations;
dd)
Impose the remedial measures specified in clause 3 Article 3 of this Decree.
Article
44. Rules for determination of authority to impose administrative penalties and
remedial measures
1. The authority to impose administrative penalties and
remedial measures in railway activities shall be determined in accordance with
Article 52 of the Law on Handling Administrative Violations and Article 4 of
Decree No. 189/2025/ND-CP.
2. The
authority to impose administrative penalties of the title holders specified in
Articles 41, 42 and 43 of this Decree is the authority applicable to one
administrative violation committed by an individual. In case of fines, the
authority to impose fines on organizations is twice the authority to impose
fines on individuals.
Article
45. Procedures for imposition of penalties, execution and enforcement of
penalty imposition decisions, and remedial measures
1. Procedures
for imposition of penalties, execution of penalty imposition decisions and
enforcement of penalty imposition decisions in the railway traffic sector shall
comply with Chapter III of Part Two of the Law on Handling Administrative
Violations and this Decree.
2. Where an administrative
violation is detected with technical and professional means or equipment but
the competent authority is unable to immediately stop the vehicle for handling,
the following procedures shall apply:
a) The competent authority
shall send a notice requesting the vehicle owner and relevant individuals or
organizations (if any) to appear at the office of the agency or unit of the
person having the authority to impose administrative penalties to resolve the
violation. The notice may be made in writing or by electronic means;
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3. Penalty imposition
decisions, decisions on impoundment of exhibits, instrumentalities or licenses,
and other forms used in the imposition of administrative penalties shall be
sent in accordance with the law on handling administrative violations and may
be sent to violators through their accounts registered on the National Public
Service Portal.
4. Where the remedial
measure of enforced surrender of illegal profits is applied, the amount of
illegal profits shall be determined as follows:
a) Illegal profits derived from
administrative violations prescribed in Article 31 of this Decree shall equal
the amount collected from carrying passengers in excess of the permissible
number or goods in excess of the permissible load;
b) Illegal profits derived from
administrative violations prescribed in Article 37 of this Decree shall equal
the amount of money obtained.
5. Violating organizations
and individuals shall report the results of implementation of remedial measures
to the person who issued the penalty imposition decision within 03 working days
from the expiry of the time limit for implementation of such remedial measures.
Article
46. Suspension of licenses or operations for fixed periods in the railway
traffic sector
1. Licenses in the railway
traffic sector include:
a) Train driving licenses;
b) Driver’s licenses (when
operating road motor vehicles);
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2. The starting time of
the suspension period of a license in the railway traffic sector shall be
determined as follows:
a) If, at the time the
penalty imposition decision is issued, the person having the authority to
impose penalties has already impounded the license of the violating individual
or organization, the suspension period shall commence when the penalty
imposition decision takes effect;
b) If, at the time the
penalty imposition decision is issued, the person having the authority to
impose penalties has not yet impounded the license of the violating individual
or organization, such person shall still issue the penalty imposition decision
for the violation as prescribed. The decision shall clearly state that the
additional penalty of license suspension takes effect from the time the
violator presents the license to the competent person for impoundment;
c) When impounding a
license in railway activities that is suspended as prescribed in point b of
this clause, and when returning a suspended license as prescribed in points a
and b of this clause, the person having the authority to impose penalties shall
make a written record and retain it in the administrative penalty dossier.
3. During the period of
license suspension in the railway traffic sector, if an individual or
organization continues to carry out activities stated in the suspended license,
such individual or organization shall be penalized as for carrying out those
activities without a license in the railway traffic sector.
4. If a violator is
subject to suspension of a license in the railway traffic sector but the
remaining validity period of that license is shorter than the suspension
period, the competent person shall still issue a penalty imposition decision
applying the license suspension prescribed for the violation. If the violating
individual or organization is granted a replacement or new license or
practicing certificate during the suspension period specified in the penalty
imposition decision, such individual or organization shall not carry out the
activities stated in the license or practicing certificate during the
suspension period.
Article
47. Impoundment of documents related to vehicle operators and violating vehicles
If, at the time of
inspection, a vehicle operator fails to present the license required for the
type of vehicle being operated, the case shall be handled as follows:
1. The competent person
shall make a record of administrative violation against the vehicle operator
for operating without the required license and impound documents related to the
vehicle operator and the violating vehicle.
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3. If the violator
presents the required vehicle operator license only after the period specified
in the record of administrative violation for appearing to resolve the
violation has expired, or fails to present such license, the violator shall
comply with the penalty imposition decision issued for the violations recorded
in the record of administrative violation.
Chapter
IV
IMPLEMENTATION PROVISIONS
Article
48. Entry into force
1. This Decree comes into
force from May 15, 2026.
2. Decree No.
100/2019/ND-CP dated December 30, 2019 of the Government prescribing penalties
for administrative violations against regulations on road traffic and railway
traffic (as amended by Decree No. 123/2021/ND-CP dated December 28, 2021 of the
Government on amendments to Decrees prescribing penalties for administrative
maritime violations; road traffic and rail transport violations; and civil
aviation violations) is hereby annulled.
Article
49. Transitional provisions
1. If an administrative violation
in the railway traffic sector occurs and ends before the effective date of this
Decree but is detected or under consideration after such date, the Decree in
force at the time the violation was committed shall apply.
2. If an administrative
violation in the railway traffic sector occurs before the effective date of
this Decree and is still in progress when this Decree takes effect, this Decree
shall apply.
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Ministers, Heads of
ministerial-level agencies, Heads of Governmental agencies, Chairpersons of
People’s Committees of provinces/centrally affiliated cities, and relevant
agencies and units shall be responsible for the implementation of this Decree.
ON BEHALF OF THE GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER
Tran Hong Ha