NATIONAL
ASSEMBLY OF VIETNAM
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|
SOCIALIST REPUBLIC
OF VIETNAM
Independence - Freedom - Happiness
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Law No.
36/2024/QH15
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Hanoi, June 27 of
2024
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LAW
ON ROAD TRAFFIC
ORDER AND SAFETY
Pursuant to Constitution of the Socialist
Republic of Vietnam;
The National Assembly promulgates the Law on
Road Traffic Order and Safety.
Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Law prescribes principles, road vehicles, road
users, command, control, patrol, control, settlement of road traffic accidents,
responsibility for state management, and responsibilities of agencies,
organizations, and individuals relating to road traffic order and safety.
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1. Road traffic order and safety means
orderly, safe, and coherent road traffic condition; established and adjusted by
principles, rules, regulations of the law in road traffic.
2. Road vehicle means
vehicle of all types, including: motorized road vehicle (hereinafter referred
to as “motorized vehicle”), road non-motorized vehicle (hereinafter referred to
as “non-motorized vehicle”), heavy-duty vehicle, and similar type.
3. Vehicle on public
road refer to a vehicle participating in road traffic.
4. Priority road means
a road on which vehicles are given right-of-way by vehicles from other
direction at intersection and on which priority sign is erected.
5. Carriageway means a section of the road
intended for road vehicles.
6. Lane means a section of a carriageway
divided longitudinally of the road and wide enough for safe operation of
vehicles.
7. Vehicle modification means changes to
characteristics of a vehicle with vehicle registration, license plate or an
imported, used vehicle in a way that changes vehicle type according to regulations
of competent authority.
8. Road user consists of: vehicle operator,
passenger, traffic control personnel, herder, pedestrian.
9. Vehicle operator includes: motorized
vehicle operator (hereinafter referred to as “driver”), non-motorized vehicle
operator, heavy-duty vehicle operator.
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11. Road traffic congestion (hereinafter
referred to as “congestion”) means a condition in which road users and vehicles
are queued up, move at a very slow pace or none at all.
12. Road traffic accident means a collision
involving road users and vehicles participating in road traffic, occurring
beyond intention of road users, damaging lives, health, property of individuals
or agencies, organizations.
13. Child safety
seat means a piece of equipment capable of ensuring safety for children at
sitting or lying position on motor vehicle, designed to reduce risk of injury
for users in case of collision or sudden deceleration by limiting movement.
14. Smart traffic
command and control equipment means technology equipment capable of
detecting, analyzing, evaluating road traffic situations, violations of road
laws and used by the authority to command, control road traffic, settle
situations and handle violations of the law on roads.
Article 3. Rules for maintaining road traffic
order and safety
1. Comply with the Constitution, regulations and
law of Vietnam, and international treaties to which the Socialist Republic of
Vietnam is a signatory.
2. Ensure orderly, safe, coherent road traffic,
contribute towards socio-economic development, maintain national defense and
security and environmental protection; prevent violation of the law pertaining
to road traffic order and safety, road traffic accidents, congestion; protect
health, lives, property of individuals and agencies, organizations.
3. Maintaining road traffic order and safety are
responsibilities of agencies, organizations, individuals.
4. Road users must comply with regulations
pertaining to road traffic order and safety and other relevant law provisions
and are responsible for maintaining safety of themselves and others.
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6. All activities for maintaining road traffic
order and safety must be public, transparent, and convenient for the general
public.
7. All activities for maintaining road traffic
order and safety must be implemented on the basis of unified assignment,
decentralization, compliance with functions and tasks, and close cooperation
between relevant agencies, organizations, and individuals.
Article 4. Policies of the Government pertaining
to road traffic order and safety
1. Ensure state budget, facilities, modern
equipment and instruments, prerequisites for fulfilling and improving duty
performance capability of forces in charge of maintaining road traffic order
and safety. Mobilize and utilize resources for maintaining road traffic order
and safety. Allocate administrative fines pertaining to road traffic order and
safety and license plate auction price which have been submitted to the state
budget to strengthen, modernize facilities, instruments, equipment and maintain
road traffic order and safety as per Government's regulations.
2. Modernize traffic command centers; ensure
connection and sharing of database on road traffic order and safety between
relevant state authorities.
3. Enable domestic and foreign agencies,
organizations, individuals to research, apply, and transfer science, technology
in road traffic order and safety assurance, invest, construct, transfer
supervision system, instruments, and equipment serving road traffic order and
safety assurance; encourage agencies, organizations, and individuals to
volunteer in maintaining road traffic order and safety in a law-compliant
manner, provide information and documents facilitating road traffic order and
safety assurance and penalties for violations of the law pertaining to road
traffic order and safety.
4. Ensure equality and safety among road users;
enable children, pregnant women, the elderly, and people with disabilities to
participate in road traffic with ease; develop traffic etiquette; educate,
popularize, and communicate road traffic law to children and students to form,
improve self-preservation and compliance with the law in road traffic
participation.
5. In the process of cooperating, collaborating,
assisting, supporting state authority in performing duties pertaining to road
traffic order and safety assurance, agencies, organizations, and individuals
will be awarded for merits, compensated for property damage; individuals will
be amended for damage to dignity, honor; individuals will benefit from policies
for damage to health, lives of themselves or their families.
6. Develop road vehicles at the same pace as
developing road infrastructures, socio-economic conditions, and the general
public’s travel demand; import, manufacture, assemble road traffics
satisfactory to technical safety and environmental protection quality,
appropriate to worldwide technology development trend; prioritize public
transportation, restrict personal transportation in traffic in major cities;
prioritize transition from vehicles using fossil fuel to vehicles using
electricity, green energy, environmentally friendly energy, clean energy supply
infrastructures.
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1. Regulations of the law
pertaining to road traffic order and safety must be popularized and
communicated on a regular, large-scale basis appropriate to demographic of the
general public and foreigners in territory of the Socialist Republic of
Vietnam.
2. Road traffic order and
safety authority shall take charge, cooperate with relevant agencies,
organizations, and individuals in popularizing and communicating regulations of
the law pertaining to road traffic order and safety.
3. Information and
communication agencies are responsible for organizing the popularizing and
communicating of regulations of the law pertaining to road traffic order and
safety mass media.
4. Vietnamese Fatherland
Front and its member organization are responsible for cooperating with relevant
agencies and local governments in communicating, encouraging the general public
to comply with regulations of the law pertaining to road traffic order and
safety.
5. Ministries, ministerial
agencies, People’s Committees of all levels, within their tasks and powers, are
responsible for organizing the popularizing and communicating of regulations of
the law pertaining to road traffic order and safety via methods appropriate to
recipients.
6. People’s armed forces,
agencies, organizations, and education institutions are responsible for
organizing the popularizing and communicating of regulations of the law
pertaining to road traffic order and safety to entities under their management.
7. Family members are
responsible for popularizing, reminding other members to comply with
regulations of the law pertaining to road traffic order and safety, use seat
belts, child safety seat or have adults sitting behind children under 6 years
of age when travelling on mopeds, motorbikes.
Article 6. Educating regulations of the law
pertaining to road traffic order and safety
1. Educate children in preschools, students of
formal education institutions, vocational education and training facilities on
regulations of the law pertaining to road traffic order and safety.
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3. Ministry of Education and Training and Ministry
of Labor - War Invalids and Social Affairs shall, within their tasks and
powers, take charge and cooperate with Ministry of Public Security, relevant
ministerial agencies in developing, integrating, and incorporating regulations
of the law pertaining to road traffic order and safety to education program in
preschools, formal education institutions, vocational education and training
facilities in a manner appropriate to education levels and majors.
Article 7. Database on road traffic order and
safety
1. Database on road traffic order and safety
consists of:
a) Database on registration and management of
motorized vehicles and heavy-duty vehicles;
b) Database on registration of motorized vehicles
and heavy-duty vehicles;
c) Database on driver training, driving tests, and
issuance of driving licenses, certificate of road traffic law training;
d) Database on operators of motorized vehicles and
heavy-duty vehicles;
dd) Database on insurance of owners of motorized
vehicles and heavy-duty vehicles;
e) Database on administrative violations pertaining
to road traffic order and safety;
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h) Database on road vehicle trip, driver images
according to this Law;
i) Database on vehicle usage of drivers according
to this Law;
k) Other databases related to road traffic order
and safety assurance.
2. Database on road traffic order and safety is a
common database and is connected, shared with national database on population,
database on road, and other relevant databases.
3. The Government shall elaborate Clause 1 and
Clause 2 of this Article; regulate collection, management, and use of
information on database on road traffic order and safety.
Article 8. International cooperation in road
traffic order and safety
1. Implement international cooperation in road
traffic order and safety on the basis of complying with Vietnamese laws and
relevant international treaties to which Vietnam is a signatory; respect basic principles
of international laws; ensure independence, sovereignty, and territorial
integrity of Vietnam; protect benefits of the Government, legitimate rights and
benefits of organizations and individuals.
2. Details of international cooperation in road traffic
order and safety consist of:
a) Signing international treaties and agreements
related to road traffic order and safety;
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c) Providing training, refresher training, and
advanced training for forces in charge of maintaining road traffic order and
safety;
d) Improving infrastructure conditions to maintain
road traffic order and safety;
dd) Resolving road traffic accidents;
e) Implementing other contents of international
cooperation in accordance with Vietnam’s regulations and international treaties
to which the Socialist Republic of Vietnam is a signatory.
3. Ministry of Public Security shall take charge,
cooperate with relevant ministries, central departments in assisting the
Government in negotiating, signing international treaties, international
agreements, or requesting competent authority to sign international treaties,
international agreements pertaining to road traffic order and safety; take
charge and cooperate with relevant ministries and central departments in
implementing international cooperation pertaining to road traffic order and
safety.
Article 9. Prohibited actions
1. Operating motorized vehicles in road traffic
without driver’s license as per the law; operating heavy-duty vehicles in road
traffic without driver’s license or certificate of road traffic law training,
degree or certificate of heavy-duty vehicle operation.
2. Operating vehicles in road traffic where alcohol
is detected in blood or breath.
3. Operating vehicles in road traffic under the
influence of narcotic substances or other stimulants prohibited by the law.
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5. Illegally racing, organizing illegal racing,
inciting, assisting, supporting illegal racing; weaving, swerving, revving repeatedly
on vehicles in road traffic.
6. Holding and using mobile phone or other
electronic devices while operating vehicles in road traffic.
7. Allowing individuals ineligible to operate
motorized vehicles, heavy-duty vehicles to operate these vehicles in road
traffic.
8. Operating motorized vehicles and heavy-duty
vehicles that do not meet technical safety and environmental protection
requirements, other ineligible vehicles in road traffic.
9. Importing, manufacturing, assembling motorized
vehicles and heavy-duty vehicles that do not meet technical safety and
environmental protection laws.
10. Modifying motor vehicles of other types to
passenger motor vehicles, except for passenger motor vehicles serving national
defense and security.
11. Illegally modifying; intentionally fabricating
reading of odometer of motor vehicles; illegally cutting, welding, removing,
modifying, reattaching chassis number, engine number of motorized vehicles,
heavy-duty vehicles.
12. Intentionally interfering, altering vehicle
control software, vehicle engine registered to the authority in order to
falsify examination, test, inspection results; hiring, borrowing motorized
vehicle parts for inspection purposes.
13. Carrying goods in a manner that exceeds
permissible gross weight, axle load, dimensions of the vehicles or roads
without obtaining permission of competent authority or without fulfilling
requirements under this Law; carrying goods that are required to be fastened
without adequately fastening such good as per the law; carrying more passengers
than the maximum number of passenger allowed by the law.
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15. Threatening, offending, tugging, pulling
passengers; threatening, forcing passengers to use services against their will;
transferring load, dropping passengers off, or performing other actions to
avoid being caught carrying excessive loads or passengers as per the law.
16. Installing, using audio, lighting devices on
motorized vehicles, heavy-duty vehicles in a manner that causes loss of road
traffic order and safety.
17. Illegally manufacturing, using, purchasing,
selling license plates; operating motorized vehicles, heavy-duty vehicles
bearing license plates that are not issued by competent authority or not
affixed to the right position; deforming, concealing license plates; altering
letters, numbers, color, shape, dimension of license plates.
18. Interrupting or falsifying data of tracking
devices, onboard cameras according to this Law.
19. Destroying, damaging, negating road traffic
control and supervisory equipment, smart traffic command and control equipment.
20. Placing, leaving obstacles or other objects on
roads; spreading sharp, pointy objects, dumping slippery substances on roads;
spilling earthen materials, goods, construction materials, wastes on roads;
dumping, discharging wastes, spilling chemicals, wastes thereby causing loss of
road traffic safety.
21. Obstructing other road users, vehicles in road
traffic; throwing bricks, stone, rocks, earth, or other objects at other road
users, vehicles in road traffic.
22. Exploiting road traffic order and safety
assurance duty to violate the law, involve in corruption, violate benefits of
the Government, legitimate rights and benefits of organizations and
individuals.
23. Exploiting personal or other people’s title,
power, profession to violate road traffic order and safety laws or to
interfere, influence penalties for violations of road traffic order and safety.
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25. Failure to declare in an honest manner or fail
to provide truthful information and documents in order to evade
responsibilities in regard to violation of the laws pertaining to road traffic
order and safety.
26. Escaping after causing road traffic accidents
to evade responsibilities; failing to offer help to victims of road traffic
accidents; violating health, lives, property of accident victims, perpetrators,
or helpers, rescuers, responders; abusing road traffic accidents to assault,
threaten, incite, pressure, cause disorder, or hinder resolution of road
traffic accidents.
27. Operating flying objects, unmanned aircrafts,
ultralight aircrafts within dimensional limits of roads in a manner that
obstruct or potentially violate safety of road users and vehicles, except for
unmanned aircrafts and ultralight aircrafts licensed for operation.
28. Performing other actions that violate road
traffic rules under Chapter II hereof.
Chapter II
ROAD TRAFFIC RULES
Article 10. General rules
1. Road users must stay on the right-hand side in
their direction of travel, move in the correct designated lane, road section,
comply with road signs, and other road traffic rules.
2. Drivers and passengers on motor vehicles must
wear seat belts while participating in road traffic.
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Article 11. Compliance with road traffic signal
1. Road traffic signals consist of: command of
traffic control personnel; traffic lights; road signs; road markings, and other
signs on the road; markers, walls, fences, reflective road studs, reflective
posts, driver location signs; audible warning devices for road traffic.
2. Road users must comply with road traffic signals
must comply with road traffic signals the following order of priority:
a) Command of traffic control personnel;
b) Traffic lights;
c) Road signs;
d) Road markings and other signal on road surface;
dd) Posts, walls, fences, reflective road studs,
reflective posts, driver location signs;
e) Audible warning devices for road traffic.
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a) Raising right hand indicates that road users in
all directions must stop;
b) Stretching either or both arms sideways
indicates that road users in front of and behind the traffic control personnel
must stop whereas road users to the right and left of the traffic control
personnel can go;
c) Raising the right hand forward indicates that
road users behind and to the right of the traffic control personnel must stop
whereas road users in front of the traffic control personnel may turn right,
road users to the left of the traffic control personnel may go in all
permissible directions and pedestrians must move behind the traffic control
personnel.
4. Traffic light consists of 3 colors: green,
yellow, red and may or may not be accompanied by timer. Road users must comply
with traffic lights in the following manner:
a) Green light allows road users to move; where
pedestrians or wheelchair-bound people with disabilities are moving in roadway,
other vehicles must decelerate or yield to the pedestrians and wheelchair-bound
people with disabilities;
b) Yellow light mandates road users to stop before
stop line; where a road user is on or has passed the stop line as traffic light
turns yellow, he/she is allowed to proceed; where yellow light is flashing,
vehicle operators are allowed to move as long as they observe, decelerate, or
yield to pedestrians, wheelchair-bound people with disabilities, or other
vehicles;
c) Red light mandates road users to stop.
5. Signal of road signs is regulated as follows:
a) Prohibitory sign indicates prohibitions;
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c) Order sign issues order that must be complied
with;
d) Direction sign indicates direction of travel or
necessary pieces of information;
dd) Auxiliary sign complements prohibitory signs,
warning signs, order signs, and direction signs.
6. Road markings mean markings
separating lanes, position, direction of travel, or stop positions.
7. Posts and walls inform road
users about safe perimeter of road base and direction of travel.
8. Fences prevent people and
vehicles from crossing.
9. Reflective road studs and
reflective posts inform and warn road users about road sections, lanes.
10. Driver location signs inform
road users about road information.
11. Audible warning devices for
road traffic warn road users about potential danger.
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13. The Minister of Transport shall promulgate
national technical regulations on road signals, except for command of traffic
control personnel.
14. The Minister of Public Security shall elaborate
Clause 3 of this Article.
Article 12. Compliance with speed regulations
and safety distance
1. Drivers, operators of heavy-duty vehicles must
comply with regulations pertaining to speed limit, minimum safety distance from
vehicle travelling ahead on the same lane or road section.
2. Vehicle operators must maintain within speed
limit of bridges, roads, traffic density, terrain, weather, and other factors
for safety purpose.
3. Vehicle operators must observe, decelerate or
stop:
a) Where road markings other available signals
indicate use by pedestrians or where pedestrians, wheelchair-bound people with
disabilities are crossing the road;
b) Where danger warning signals are issued or
obstacles are present on the road;
c) Where they change traveling direction or have
limited visibility;
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dd) Where bridge, culvert, dam, underground road,
underpass, tunnel are located;
e) Where school, hospital, bus station, assembly
public structure, crowded residential area, local market, road construction,
road traffic accident are located;
g) Where domestic animals are moving or herded on
roadside;
h) Where they must avoid oncoming traffic or yield
to vehicles behind; where they receive emergency signals of vehicles travelling
ahead;
i) Where they approach parking, stopping locations
where passengers mount, dismount vehicles;
k) Where they encounter vehicles carrying
oversized, overweight load, dangerous goods or group of pedestrians;
l) Where they encounter priority vehicles;
m) Where they operate in rain, wind, fog, smoke,
dust weather conditions, slippery, flooded, debris-filled road surface;
n) Where they operate in area subject to traffic
control.
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Article 13. Lane usage
1. Vehicles moving at a slower speed must stay on
the right on their direction of travel.
2. Where there are multiple lanes accommodating
travel in the same direction separated by lane markings, vehicle operators must
stay within a lane and only change lane where lane change is allowed; vehicle
operators are only allowed to change one lane at a time and must use indicators
when doing so; vehicle operators must observe and maintain safety distance from
vehicles in front, behind, and to their left and right before changing lanes.
3. Where lanes traveling in the same direction are
separated by lane markers, non-motorized vehicles must stay on the rightmost
lane whereas motorized vehicles and heavy-duty vehicles must stay on the
left-hand side lane.
4. Where a lane is reserved specifically for a type
or types of vehicles, operators of other vehicle types are not allowed to enter
such lane.
Article 14. Overtaking and
yielding
1. Overtaking means a traffic situation where each
direction of travel only consists of one lane reserved for motorized vehicles
and where vehicles from behind move forward to the left to overtake other vehicles
in front of them.
Where a direction of travel consists of at least
two lanes reserved for motorized vehicles and separated by lane markers,
overtaking will conform to lane use principles under Article 13 hereof.
2. Overtaking vehicles must overtake on the left;
where overtaken vehicles are indicating left or overtaking on the left is not
feasible due to operation of heavy-duty vehicles, overtaking vehicles may
overtake on the right.
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4. Where a vehicle signals overtaking, overtaken
vehicle operators must observe and decelerate where sufficient safety
conditions are met, indicating right to inform overtaking vehicle operators,
stay on the right of carriageway until the overtaking completes and must not
obstruct overtaking vehicles.
Where there are obstacles on the road or safety
conditions are not sufficient, overtaken vehicle operators shall indicate left
to inform overtaking vehicle operators.
5. Overtaking vehicles must indicate or honk except
for non-motorized vehicles not equipped with lights and horn; during
overtaking, overtaking vehicle operators must signal direction of overtaking
and maintain safety distance from other vehicles and, where overtaking vehicle
operators overtake in residential areas from 10 p.m. to 5 a.m., only signal
overtaking with indicators.
6. Overtaking is not allowed:
a) Where requirements under Clause 3 of this
Article are not met;
b) Where there is a single lane on narrow bridge;
c) Where road is curved with limited visibility;
d) Where there are two-way road at the peak of
summit-type curve with limited visibility;
dd) Where roads intersect, where roads intersect
railway at-grade;
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g) Where priority vehicles are present;
h) Where pedestrian crossing is located;
i) Where pedestrians, wheelchair-bound people with
disabilities are crossing the street;
k) Where vehicles travel in tunnels.
Article 15. Turning
1. Turning is a traffic situation where vehicle
operators make a left, right, or U-turn.
2. Prior to turning, vehicle operators must
observe, maintain safety distance, decelerate, indicate accordingly or use hand
signals in case of non-motorized vehicles not equipped with indicators and
slowly turn towards the nearest lane in the turning direction. Indicators or
hand signals must remain throughout the turning process. Vehicle operators
shall only turn if they ensure that other people and vehicles are safe and not
hindered.
3. While turning, drivers, operators of heavy-duty
vehicles must yield to pedestrians, non-motorized vehicles, oncoming traffic
and only turn when they ensure that they do not hinder or endanger other people
or vehicles.
4. Vehicle operators must not turn at road section
reserved specifically for pedestrian crossing, on bridges, bridge approaches,
underbelly of overpasses, underpasses, at-grade railway intersections, narrow
roads, sloped roads, curved roads with limited visibility, expressways,
tunnels, or one-way roads unless otherwise specified by command of traffic
control personnel or temporary signs.
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1. When reversing, vehicle operators must observe
both sides and the rear of the vehicles, indicate reversing and only reverse
when safety requirements are met.
2. Vehicle operators are not allowed to reverse on
one-way roads, no-stopping areas, pedestrian crossing, intersection, at-grade
intersection with railway, where visibility is obstructed, tunnels,
expressways.
Article 17. Avoiding oncoming traffic
1. Where directions of travel on a road are not
physically separated, in order for 2 vehicles moving in opposite direction to
avoid each other, both vehicle operators must decelerate and stay to the right
respective to their direction of travel.
2. Cases where yielding is required when avoiding
oncoming traffic:
a) Where a road is only wide enough for one vehicle
at a time and incorporates lay-by, whichever vehicle is closer to the lay-by
must enter the lay-by and yield to the oncoming vehicle;
b) A vehicle going downhill must yield to the
vehicle going uphill;
c) A vehicle whose path forward is obstructed must
yield to vehicle whose path forward is unobstructed.
Article 18. Stopping, parking
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2. Parking means a motionless state of a vehicle in
an indefinite period of time. When parking, vehicle operators may only exit the
vehicles after engaging parking brake or adopting other safety measures. Where
a vehicle is parked on sloped road, the front wheels must turn towards the curb
and must be wedged.
3. Vehicle operators, upon stopping or parking on
road, must:
a) Via signals, inform other vehicle operators upon
entering, exiting stopping and parking position;
b) Park or stop their vehicles in a way that does
not affect pedestrians and other vehicles.
4. Vehicle operators are not allowed to stop, park:
a) On the left of one-way road;
b) Curved road section or close to slope entry with
obstructed visibility;
c) On bridges except where traffic arrangement
permits;
d) Underbelly of overpass except where stopping,
parking is allowed;
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e) Less than 20 m away from another parking vehicle
in respect of narrow road; less than 40 m away from another parking vehicle on
roads with one lane reserved for motorized vehicles per direction of travel;
g) On road section reserved for pedestrian
crossing;
h) At intersection and within a 5 meter radius from
the edge of intersection;
i) Passenger pickup and drop-off points;
k) At and within a 5 meter radius of entrance to headquarters
of agencies, organizations that accommodate vehicle entry and exit;
l) Where road width can only accommodate one lane
of motorized vehicles;
m) Within safety perimeter of railway;
n) Where the vehicles will obscure road signs or
traffic lights;
o) Roads reserved specifically for buses, on top of
sewer grates, openings of telephone lines, high-voltage lines, drafting
locations of fire trucks; on roadway or pavement in a manner that contradicts
the law.
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6. On city road, vehicle operators may only stop,
park along the shoulder or pavement to the right of their direction of travel;
the innermost wheels must not be more than 0,25 m away from the shoulder or
pavement and must not obstruct or endanger other people and vehicles.
7. Where a vehicle must park on a section of
carriageway or where parking is not allowed due to technical difficulties or
other force majeure, vehicle operators must turn on emergency lights or place
warning signs to inform other vehicle operators.
Article 19. Opening vehicle door
1. Vehicle doors may only be opened once the
vehicle has come to a stop or is parked.
2. Individuals opening vehicle door must first
observe the front, the rear, and the side on which the door is located and only
then open the door to exit the vehicle if they deem safety is ensured; doors
must not be left open if safety is not ensured.
Article 20. Light usage
1. Drivers and operators of heavy-duty vehicles,
while participating in road traffic, must turn on headlight from 6 p.m. to 6
a.m. or when poor weather conditions limiting visibility.
2. Drivers and operators of heavy-duty vehicles
must turn off driving beam and use passing beam:
a) Where they encounter pedestrians crossing the
road;
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c) Where they encounter oncoming traffic unless
median strips are equipped with anti-glare capability;
d) Where they turn at intersection.
3. Drivers and operators of heavy-duty vehicles,
when performing tasks on road, must turn on yellow warning lights.
Article 21. Honking
1. Vehicle operators may only honk:
a) to inform other road users about potential
dangerous situations;
b) to notify overtaking.
2. Vehicle operators must not honk repeatedly, use
horn of inappropriate volume, use horn from 10 p.m. to 5 a.m. in residential
areas, in vicinity of medical examination and treatment establishments other
than priority vehicles.
Article 22. Yielding at intersection
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1. Where a non-priority
road intersects a priority road or a branching road intersects a main road, a
vehicle moving from the non-priority road or branching road must yield to a
vehicle moving on the priority road or main road regardless of direction of
travel;
2. Where an intersection is
not equipped with roundabout signage, vehicles must yield to vehicles entering
from the right.
3. Where an intersection is
equipped with roundabout signage, vehicles must yield to vehicles entering from
the left.
Article 23. Using ferry and pontoon
1. Upon approaching ferry
stations and pontoons, vehicles must queue as per the law in a manner that does
not disrupt traffic.
2. Vehicles shall use
ferries and pontoons in the following order of priority:
a) Priority vehicle;
b) Mail delivery vehicle;
c) Raw food delivery vehicle;
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Where vehicles of the same priority arrive at ferry
stations or pontoons, the vehicles will comply with a first-come-first-serve
basis.
3. Upon using ferries:
a) Where vehicles are boarding ferries, riding
ferries, and entering ferry stations, individuals other than drivers, operators
of heavy-duty vehicles, children, pregnant women, the elderly, people with
disabilities, and sick people must get off the vehicles;
b) When boarding ferries, motorized vehicles and
heavy-duty vehicles shall board first and be followed by non-motorized vehicles
and pedestrians; when disembarking, pedestrians shall disembark first and be
followed by vehicles under instructions of traffic control personnel.
4. Upon crossing pontoons:
a) Motorized vehicles and heavy-duty vehicles must
travel in a single queue in the direction of travel and must not disrupt people
and vehicles moving in the opposite direction;
b) Non-motorized vehicles and pedestrians must stay
to the right of their direction of travel and must not disrupt movement of
motorized vehicles and heavy-duty vehicles;
c) Motorized vehicles, heavy-duty vehicles,
non-motorized vehicles, and pedestrians must comply with instructions of
traffic control personnel.
Article 24. Traffic at railway crossings and
road-rail bridges
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2. Where a crossing is not guarded or not equipped
with boom barrier, siren, or signal lights, road users must stop to the right
of their direction of travel and before stop line, observe both directions, and
only cross if no railway vehicles are approaching.
3. Where road vehicles break down or get involved
in accidents or spill their goods at railway crossings or road-rail bridges and
are unable to immediately evacuate from railway safety perimeter, vehicle
operators and individuals at the scene must immediate signal train stop and
adopt safety measures.
Article 25. Traffic on expressway
1. Drivers and operators of
heavy-duty vehicles, while driving on express ways, must adhere to the
following road traffic principles:
a) Before merging onto expressways, drivers and
operators of heavy-duty vehicles must indicate and yield to vehicles on the
expressways, observe and maintain safety distance before merging onto the
rightmost lane; where acceleration lane is available, drivers and operators of
heavy-duty vehicles must enter the acceleration lane before merging onto expressways;
b) Before exiting expressways, drivers and
operators of heavy-duty vehicles must observe instruction signs, slowly move
onto the rightmost lane or deceleration lane (if any) before exiting the
expressways;
c) Drivers and operators of heavy-duty vehicles are
not allowed to drive on emergency lanes and shoulders;
d) Drivers and operators of heavy-duty vehicles
must adhere to other traffic principles detailed under this Chapter.
2. Vehicle operators may
only stop and park at designated locations; where vehicle operators encounter
technical difficulties or other force majeure in which they must stop or park,
they may stop or park on emergency lanes on their direction of travel and
signal hazard lights; where vehicle operators are unable to move onto emergency
lanes, they must signal hazard lights, place warning signs or lights at least
150 m away to the rear of the vehicles, and immediately inform police authority
in charge or expressway authority.
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Article 26. Traffic in tunnels
Vehicle operators, while driving in tunnels, must
adhere to the following road traffic principles:
1. Motorized vehicles and
heavy-duty vehicles must use passing beams; non-motorized vehicles must use
lights or other light-emitting devices;
2. Vehicle operators must not stop or park in
tunnels; where drivers and operators of heavy-duty vehicles encounter technical
difficulties or other force majeure in which they must stop or park, they must
move the vehicles into emergency parking, stopping positions or, in case they
are unable to move the vehicles, turn on hazard lights and place warning signs
or warning lights at a safety distance to the rear of the vehicles and
immediately inform police authority in charge or tunnel authority;
3. Vehicle operators must adhere to other traffic
principles detailed under this Chapter.
Article 27. Priority vehicle
1. Priority vehicles consist of fire trucks of fire
fighting and rescue police department and fire trucks of other forces mobilized
to perform firefighting tasks; vehicles of military, police, and military
police forces in the performance of emergency duty; convoys led by traffic
police vehicles; ambulances in the performance of rescue duty; embankment
personnel transport in the performance of duty; vehicles in the performance of
rescue, natural disaster remediation, epidemic remediation duty or vehicles in
the performance of emergency duty as per the law; funeral procession.
2. Priority vehicles have the right of way over
other vehicles at intersections regardless of approaching direction in the
following order:
a) Fire trucks of fire fighting and rescue police
department and fire trucks of other forces mobilized to perform firefighting
tasks;
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c) Ambulances in the performance of rescue duty;
d) Embankment personnel transport in the
performance of duty; vehicles in the performance of rescue, natural disaster
remediation, epidemic remediation duty or vehicles in the performance of
emergency duty as per the law;
dd) Funeral procession.
3. Priority vehicles under Points a, b, c, and d
Clause 2 of this Article must emit priority signals as per the law. Color of
priority light signals:
a) Fire trucks of fire fighting and rescue police
department and fire trucks of other forces mobilized to perform firefighting
tasks, vehicles of military forces in the performance of emergency duty,
ambulances in the performance of rescue duty must be equipped with red flashing
lights;
b) Vehicles of police and military forces in the
performance of emergency duty and vehicles of guiding traffic police must be
equipped with blue and red flashing lights;
d) Embankment personnel transport in the
performance of duty; vehicles in the performance of rescue, natural disaster
remediation, epidemic remediation duty or vehicles in the performance of
emergency duty as per the law must be equipped with blue flashing lights.
4. Priority vehicles under Points a, b, c, and d
Clause 2 of this Article can operate regardless of speed limit, traffic light
signal, direction of traffic, and on any permissible road; can operate against
traffic only on emergency lanes of expressways; must comply with order of
traffic control personnel and temporary signs.
5. Where priority vehicles signal emergency
operation, other road users must decelerate, stay to the right of their
direction of travel or stop to yield, tollbooths must prioritize and not
obstruct priority vehicles in all circumstances.
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7. The Minister of Public Security shall prescribe
domestic and foreign delegations arriving at Vietnam to be escorted by traffic
police forces; escort procedures of traffic police in respect of domestic and
foreign delegations in Vietnam.
Article 28. Using goods transport motor vehicles
for passenger transport
1. Goods transport motor vehicles are only allowed to
transport passengers in their cargo spaces where:
a) the goods transport motor vehicles serve rescue,
natural disaster or epidemic remediation or emergency duty; emergency medical
care of transported individuals, to evacuate people from dangerous areas or in
the event of other emergencies as per the law;
b) the goods transport motor vehicles transport
people’s armed forces in the performance of emergency duty;
c) the goods transport motor vehicles are training
vehicles transporting driving trainees; vehicles for examination and carrying
examinees; transport workers in the performance of road maintenance duty;
d) the goods transport motor vehicles transport
people in parade if competent authority has permitted the parade.
2. Goods transport motor vehicles transporting
people under cases detailed in Clause 1 of this Article must maintain road
traffic safety.
Article 29. Tow vehicles, vehicles hauling
trailers, and tractor units hauling semi-trailers
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a) Towed vehicles must be manually operated and
have functioning steering system;
b) Connection between towing vehicles and towed
vehicles must be firm and safe; where brake system of towed vehicles are no
longer functioning, towed vehicles must be connected to towing vehicles via
draw bars;
c) The front of towing vehicles and the rear of
towed vehicles must be outfitted with warning signs and yellow flashing warning
lights.
2. Vehicles hauling
trailers, and tractor units hauling semi-trailers must only haul trailers and
semi-trailers appropriate to their design; connection between hauling vehicles
and trailers, semi-trailers must be secured and safe.
3. Towed vehicles must not
be occupied by people other than the drivers; vehicles hauling trailers, and
tractor units hauling semi-trailers must not haul other trailers,
semi-trailers, or other vehicles.
Article 30. Pedestrians; children, pregnant
women, the elderly, people with disabilities, incapacitated people
participating in traffic
1. Pedestrians must:
a) go on pavements, shoulders, foot paths; where
pavement, shoulder, or foot paths are not available, pedestrians must stay to
the right in their direction of travel;
b) only cross where traffic lights, zebra crossing,
pedestrian overpass, pedestrian underpass are located and comply with road
instructions and signs. Where traffic lights, zebra crossing, pedestrian
overpass, pedestrian underpass are not available, pedestrians must observe
oncoming traffic and only cross when it is safe; when crossing, pedestrians
must signal with their hands;
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2. In respect of children,
pregnant women, the elderly, people with disabilities, and incapacitated
people:
a) Children under 7 years of age must be
accompanied by adults when crossing the street;
b) People with disabilities using motorized or
non-motorized wheelchairs must go on pavements, shoulders, zebra crossing, and
road sections reserved for non-motorized vehicles;
c) People with vision impairment must be
accompanied by human guides or be outfitted with devices that inform other
people about their vision impairment when participating in road traffic;
d) Incapacitated people must be accompanied by
human guides when participating in road traffic;
dd) The general public are responsible for helping
children under 7 years of age, pregnant women, the elderly, people with
disabilities, and incapacitated people cross the road;
Article 31. Operators, passengers, and goods
loaded non-motorized vehicles
1. Bicycle, motorized
bicycle operators may only carry one additional passenger or two additional
passengers one of which is a child under 7 years of age.
2. Bicycle, motorized
bicycle operators must not conduct actions under Clause 3 Article 33 hereof;
bicycle, motorized bicycle passengers must not conduct actions under Clause 4
Article 33 hereof.
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4. Non-motorized vehicle
operators may only move in single line and stay within road section reserved
specifically for non-motorized vehicles (if any); non-motorized vehicles must
be outfitted with lights or warning devices at the front and the rear in order
to be allowed to operate from 6 p.m. to 6 a.m.
5. Goods loaded on
non-motorized vehicles must be safe, not disrupting traffic, and not
obstructing visibility of operators. Goods loaded on non-motorized vehicles
must not exceed 1/3 the vehicle length, must not extend more than 1 forward or
backward, and must not extend more than 0,4 m past each side wheel.
Article 32. Controllers, herders of domestic
animals, operators of road vehicles towed by domestic animals
1. Controllers, herders of domestic animals,
operators of road vehicles towed by domestic animals must keep domestic animals
to the right of their direction of travel; must observe carefully and only
cross the road when it is safe; must not disrupt other people and vehicles.
2. Do not control, herd domestic animals, or
operate vehicles towed by domestic animals into road sections reserved for
non-motorized vehicles.
3. Do not release domestic animals on roads.
Article 33. Operators, passengers, and goods
loaded on motorbikes, mopeds
1. Operators of motorbikes
and mopeds may only carry one additional passenger or two additional
passengers:
a) to carry sick people for emergency medical care;
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c) to carry children under 12 years of age;
d) to carry the elderly or people with disability.
2. Operators and passengers
of motorbikes, motorized tricycles, and mopeds must wear helmets compliant with
national technical regulations and fasten accordingly.
3. Operators of motorbikes,
motorized tricycles, and mopeds must not:
a) drive abreast;
b) drive in road sections reserved for pedestrians
and other vehicles;
c) use umbrella or audio devices other than hearing
aids;
d) remove both hands from the handlebar; drive on
one wheel in case of motorbikes, two-wheeled motorized vehicles; drive on two
wheels in case of motorized tricycles;
dd) propel, push other vehicles, objects, herd
animals, carry, transport, load bulky objects using the vehicles; carry people
standing on the seat, cargo space, or sitting on the handlebar; load goods
exceeding the permissible limit;
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g) conduct other actions that violate road traffic
order and safety.
4. Passengers of
motorbikes, motorized tricycles, and mopeds, in road traffic, must not:
a) carry bulky objects;
b) use umbrella;
c) hang on to, pull, or propel other vehicles;
d) stand on the seat, cargo space, or sit on
handlebar;
dd) conduct other actions that violate road traffic
order and safety.
5. Motorbikes and motorized vehicles must not load
goods in a manner that extends more than 0,3 m towards either side of cargo
space, more than 0,5 m towards the back of cargo space according to
manufacturers’ design; stacking height must not exceed 2 m from road surface.
Chapter III
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Article 34. Vehicle classification
1. Motorized vehicles
consist of:
a) Motor vehicles include: vehicles of at least 4
wheels, powered by engine, designed and manufactured for road operation, not
intended for railway operation, for transportation of people, goods, for towing
trailers, semi-trailers, or elements of particular functions or use,
potentially connected to power lines; tricycles of a kerb mass exceeding 400
kg; motor vehicles do not include four-wheeled motorized vehicles for passenger
or goods transportation;
b) Trailers include vehicles without engine,
designed and manufactured for road operation, and towed by motor vehicles where
the majority of the trailer gross mass is not rested on the towing vehicles;
c) Semi-trailers include vehicles without engine,
designed and manufactured for road operation, and towed by hauling units where
a majority of the semi-trailer gross mass is rested on the hauling units;
d) Four-wheeled motorized vehicles for passenger
transportation include vehicles of at least four wheels, powered by engine,
designed and manufactured for road operation, outfitted with elements intended
for passenger transportation, and having maximum design speed of 30 km/h and
maximum number of passengers of 15 people (excluding the drivers);
dd) Four-wheeled motorized vehicles for goods
transportation include vehicles of at least four wheels, powered by engine,
designed and manufactured for road operation, outfitted with elements intended
for goods transportation, having engine and cargo space outfitted on the same
chassis, having up to 2 seat rows and maximum number of passenger of 5 people
(excluding the drivers), having maximum design speed of 60 km/h and maximum
kerb mass of 550 kg; maximum engine capacity of 15 kW in case of electric
vehicles;
e) Motorbikes include: two-wheeled or
three-wheeled, engine-powered vehicles designed and manufactured for road
operation, other than mopeds; maximum kerb mass of 400 kg in case of
three-wheeled vehicles;
g) Mopeds include two-wheeled or three-wheeled,
engine-powered vehicles designed and manufactured for road operation, having
maximum design speed of 50 km/h; maximum engine displacement of 50 cm3
in case of heat engines; maximum engine capacity of 4 kW in case of electric
engine; mopeds do not include motorized bicycles;
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2. Non-motorized vehicles
include:
a) Bicycle means a vehicle of at least two wheels
and operated manually in form of pedals or hand cranks;
b) Motorized bicycle, including electric bicycle
means a bicycle assisted by engine where engine power is shut off if the riders
stop pedaling or if the bicycle reaches a velocity of 25 km/h;
c) Pedicabs;
d) Wheelchairs intended for people with
disabilities;
dd) Vehicles towed by domestic animals;
e) Vehicles similar to those under this Clause.
3. Heavy-duty vehicles
include:
a) Construction vehicles;
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c) Tractors;
d) Trailers, semi-trailers towed by tractors;
dd) Vehicles performing special functions and
utilities;
e) Specialized vehicles used for national defense
and security and engaging in road traffic.
4. Smart vehicles mean motorized vehicles that have
their operating scheme, routing scheme, and road traffic situation handling
scheme partially or entirely automated.
5. Vehicles similar to motorized vehicles,
non-motorized vehicles shall be managed and used in accordance with regulations
applicable to said motorized vehicles and non-motorized vehicles.
6. Minister of Transport shall elaborate this
Article; stipulate identifiers of motorized vehicles using clean energy, green
and environmentally friendly energy.
Article 35. Requirements for participation in
road traffic
1. Motorized vehicles and
heavy-duty vehicles, in order to participate in road traffic, must meet the
following requirements :
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b) They meet technical safety and environmental
protection requirements as per the law.
2. Motor vehicles used in
transportation services must be outfitted with tracking devices. Passenger
motor vehicles of at least 8 seats (excluding the driver's seats) used in
transportation services, hauling units, and ambulances must be outfitted with
tracking devices and driver image capturing devices.
3. Smart vehicles must meet
requirements under Clause 1 of this Article and must be licensed for operation
by competent authority.
4. Vehicles bearing foreign
license plates and operating in Vietnam shall conform to Article 55 hereof.
5. The Government shall
elaborate Clause 2 and Clause 3 of this Article; stipulate operating
requirements of non-motorized vehicles.
6. People’s Committees of
provinces shall stipulate scope of operation of non-motorized vehicles,
four-wheeled motorized vehicles for goods transportation, four-wheeled
motorized vehicles for passenger transportation in the provinces.
Article 36.
License plate
1. License plate is issued
by competent authority in accordance with Article 37 and Article 39 hereof and
is carried by road vehicles in accordance with this Law for the purpose of
state management.
2. License plates are
classified as follows:
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b) License plate of red background and white
lettering is issued to military vehicles;
c) License plate of color background and black
lettering is issued to vehicles engaging in transportation services;
d) License plate of white background and black
lettering is issued to vehicles of domestic organizations and individuals other
than those under Points a, b, and c of this Clause;
dd) License plate of white background, red letter,
black number, and “NG” symbol is issued to vehicles of diplomacy representative
missions, consular agencies, and foreign employees carrying diplomacy
identification of said agencies;
e) License plate of white background, red letter,
black number, and “QT” symbol is issued to vehicles of representative agencies
of international organizations and foreign employees carrying diplomacy
identification of said organizations;
g) License plate of white background, black
lettering, and “CV” is issued to vehicles of technical and administrative
personnel carrying public affair identification of diplomacy representative
missions, consular agencies, international organizations;
h) License plate of white background, black
lettering, and “NN” is issued to vehicles of foreign organizations,
representative offices, and individuals, other than those mentioned in Point g
of this Clause;
i) Other types of license plate conform to
regulations of Minister of Public Security.
3. License plates are
managed under identification code, other than those under Point b Clause 2 of
this Article. Management of license plate under identification code is
prescribed as follows:
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b) Where the vehicles have exhausted their service
life, are damaged beyond serviceable, or undergo ownership transfer, vehicle
owners may retain the license plates for 5 years and register those license
plates for other vehicles under their ownership; after 5 years, the license
plates will be revoked and made available for registration and issuance for
other organizations and individuals unless vehicles associated to the license
plates acquired through auction are transferred, traded, gifted, or bequeathed;
c) Where vehicle owners change information
pertaining to headquarters, temporary residence, or permanent residence, they
may retain identification license plate.
4. The Minister of Public
Security shall stipulate national technical regulation on license plates; and
Minister of National Defense shall stipulate national technical regulation on
license plates of vehicles under their management.
Article 37.
License plate auction
1. License plates
for auction are license plates of motor vehicles, motorbikes, and mopeds under
Point c and Point d Clause 2 Article 36 hereof and are made public for
registration by organizations and individuals participating in the auction.
License plates not registered for auction will be transferred to vehicle
registration and management system where they can be registered as per the law.
2. Starting price of
a motor vehicle license plate put up for auction is not lower than 40 million
VND; starting price of a motorbike or moped license plate put up for auction is
not lower than 5 million VND.
3. Deposit must not
be lower than starting price of the type of license plates put up for auction.
4. Upon expiry of
auction registration period, where only one person registers for auction participation
or only one person participates in auction among multiple auction applicants or
only one person is willing to pay the starting price or higher, that person is
deemed the winner of the license plate.
5. Vehicle
registration and license plates acquired through auction following a transfer,
trade, gift, bequeathment of vehicles carrying license plates acquired through
auction shall be managed, issued, and revoked in accordance with Article 39
hereof.
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7. The Government
shall elaborate this Article and stipulate bid increment, format, method, and
procedures for auctioning license plate.
Article 38.
Rights and obligations of winners of license plate auction
1. Winners of
auctioned license plate have the right to:
a) receive decision
verifying the license plates that they have won through auction after
submitting the winning bid;
b) register the
license plates that they have won through auction associated to vehicles under
their ownership at police authority that govern the concerned license plates or
temporary residence, permanent residence of winning individuals, headquarters
of winning organizations;
c) transfer, trade,
gift, bequeath vehicles associated with the license plates that they have won
through auction;
d) have their heirs
receive a refund of the bid in its entirety where the winners decease within 30
days from the date on which notice on bid winning is issued without receiving
decision verifying the license plates won through auction issued by competent
authority;
dd) have their heirs
receive a refund of the bid in its entirety and the auction results cancelled
where the winners decease within 12 months from the date on which decision
verifying license plates won through auction is issued without adopting vehicle
registration procedures in order to legitimately carry the concerned license
plates.
2. Winners of
auctioned license plates have the obligation to:
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b) perform vehicle
registration procedures in order to legitimately carry license plates won
through auction within 12 months from the date on which decision verifying
license plates won through auction; this time limit can be extended for a
maximum of 6 months in case of force majeure or objective causes. Where auction
winners fail to adopt vehicle registration procedures in order to legitimately
carry the won license plate within the time limit, the won license plates will
be put up for auction again or transferred to vehicle registration and management
system and the winners will not receive a refund for the submitted bid;
c) avoid
transferring, trading, gifting, bequeathing license plates won through auctions
except for cases detailed under Point c Clause 1 of this Article.
3. The Government
shall elaborate this Article.
Article 39.
Issuance and revocation of certificate of vehicle and license plate
registration for motorized vehicles and heavy-duty vehicles in road traffic
1. Issuance of
certificate of vehicle and license plate registration for motorized vehicles
and heavy-duty vehicles must only be implemented when the following
requirements are met:
a) Certificate of
vehicle origin;
b) Certificate of
legitimate ownership;
c) Certificate of
financial obligation fulfillment.
2. Issuance of
certificate of registration for motorized vehicles and heavy-duty vehicles in
the event of change to vehicle ownership must only be implemented when the
following requirements are met:
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b) Other
requirements under Point b and Point c Clause 1 of this Article.
3. Replacement
certificate vehicle and license plate registration for motorized vehicles and
heavy-duty vehicles will be issued when:
a) Certificate of
vehicle and license plate registration is blurred or damaged;
b) Modification is
conducted, paint coating is changed; name, identification number of
organization, individuals or use purpose is changed;
c) Vehicle owners
change registered address and wish to apply for re-issuance of certificate of
vehicle registration;
d) Certificate of
vehicle, license plate registration expires;
dd) Vehicle
registration authority changes structure of certificate of vehicle and license
plate registration.
4. Certificate of
vehicle, license plate registration for motorized vehicles and heavy-duty
vehicles will be re-issued.
5. Temporary license
plates and registration will be issued to motorized vehicles and heavy-duty
vehicles:
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b) Where vehicles
are subject to revocation procedures for re-export or ownership transfer;
vehicles serve events organized by the Communist Party, the Government;
vehicles, including right-hand drive vehicles, that are registered overseas and
allowed by competent authority for transit, temporary import, temporary
re-export are used in convention, fairs, exhibits, sports, athletic events,
tourism in Vietnam; vehicles fall under cases where temporary license plates
are note required according to international treaties to which the Socialist Republic
of Vietnam is a signatory in accordance with Article 55 hereof;
c) Research and
development test vehicles participate in road traffic in accordance with Point
h Clause 5 Article 42 hereof.
6. Certificate of
vehicle, license plate registration for motorized vehicles and heavy-duty
vehicles will be revoked:
a) When vehicle
ownership is changed; when vehicles associated with license plates won via
auction are transferred, gifted, bequeathed in which case only certificate of
vehicle registration is revoked;
b) When imported
vehicles are exempted from tax or temporarily imported vehicles of foreign
agencies, organizations, and individuals are re-exported, changed in ownership,
or destroyed; vehicles expire registration period in special
economic-commercial zones, economic zones at international border check points;
c) Registered
vehicles have fabricated vehicle dossiers or are subject to conclusion of
competent authority regarding illegal replacement of chassis number, engine
number; vehicle engine is removed for use in other vehicles;
d) Motorized
vehicles expire their service life or are damaged beyond serviceable;
dd) Vehicles are
discarded or lost at which point vehicle owners request revocation of
certificate of vehicle, license plate registration;
e) Vehicle
registration or license plate issuance does not comply with the law.
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8. The Minister of
National Defense shall stipulate procedures for issuance, revocation of
certificate of vehicle, license plate registration for motorized vehicles and
heavy-duty vehicles under management of the Ministry of National Defense.
Article 40. Service life of motorized vehicles
1. Service life of motorized vehicles starts from
the manufacturing year to December 31 inclusive of the year in which the
service life expires.
2. Service life of modified vehicles:
a) Where a vehicle with service life is modified
into a vehicle without service life, regulations pertaining to service life of
the vehicle before modification will prevail;
b) Where a vehicle without service life is modified
into a vehicle with service life, regulations pertaining to service life of
vehicle after modification will prevail;
c) Where a passenger motor vehicle with at least 9
people in seating capacity (excluding the driver) or a specialized passenger
motor vehicle is modified into a goods transport motor vehicle (including
specialized goods transport motor vehicle); a four-wheeled motorized passenger
vehicle is modified into a four-wheeled motorized goods transport vehicle,
regulations pertaining to service life of vehicle after modification will
prevail.
3. Service life does not apply
to motor vehicles that are:
a) Passengers motorbikes, mopeds, motor vehicles
with up to 8 people in seating capacity (excluding the driver), specialized
motor vehicles, trailers, semi-trailers;
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4. The Government shall elaborate this Article.
Article 41. Technical safety and environmental
protection assurance for motorized vehicles, heavy-duty vehicles, motorized
vehicle parts in import, manufacturing, and assembly
1. Entities subject to technical safety and
environmental protection include:
a) Imported, manufactured, assembled motorized
vehicles, heavy-duty vehicles other than vehicles serving scientific research,
study for manufacturing, exhibit, introduction at fairs, commercial trade
expositions;
b) Types of motorized vehicle parts imported,
manufactured, and assembled under list of goods and products to be inspected
for technical safety and environmental protection, except those for scientific
research, study for manufacturing, exhibit, introduction at fairs and trade
expositions.
2. Certification for technical safety and
environmental protection includes:
a) Examining, testing, certifying technical safety
and environmental protection of motorized vehicles, heavy-duty vehicles,
motorized vehicle parts, and energy rating of motorized vehicles;
b) Accrediting and designating test, certification
facilities;
c) Inspecting, evaluating, supervising fulfillment
of technical safety and environmental protection, maintenance, warranty, recall
of products and goods of importing, manufacturing, assembling facilities.
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4. Acceptance of
certificate of technical safety and environmental protection for motorized
vehicles and motorized vehicle parts issued in foreign countries shall conform
to international treaties to which the Socialist Republic of Vietnam is a
signatory.
5. Importing, manufacturing,
assembling organizations and individuals are responsible for complying with regulations
on inspection and certification of technical safety and environmental
protection of motorized vehicles, heavy-duty vehicles, and motorized vehicle
parts; responsible for quality of products and goods imported, manufactured,
assembled at their discretion, maintenance, warranty of imported, manufactured,
assembled motorized vehicles, and recall of products and goods according to
regulations of Government.
6. The Prime Minister shall prescribe roadmap for
adoption of emission standard for imported, manufactured, assembled motorized
vehicles.
7. The Minister of Transport shall promulgate
national technical regulations on technical safety and environmental protection
quality, energy rating of motorized vehicles, heavy-duty vehicles, motorized
vehicle parts in import, manufacturing, and assembly; national technical
regulations on motorized vehicle maintenance and warranty facilities;
procedures for certifying technical safety and environmental protection of
motorized vehicles, heavy-duty vehicles, and motorized vehicle parts in import,
manufacturing, and assembly, except for cases under Clause 8 of this Article;
regulations on issuance, re-issuance, suspension, and revocation of inspection
personnel certificate.
8. The Minister of National Defense and Minister of
Public Security shall regulate procedures for certifying technical safety and
environmental protection for motorized vehicles, heavy-duty vehicles, and
motorized vehicle parts in import, manufacturing, and assembly under management
of Ministry of National Defense and Ministry of Public Security respectively.
Article 42. Technical safety and environmental
protection assurance for motorized vehicles and heavy-duty vehicles in road
traffic
1. Motorized vehicles and heavy-duty vehicles, in
order to participate in road traffic, must be inspected in a law-compliant
manner.
2. Inspection of motorbikes and mopeds only
consists of exhaust inspection. Exhaust inspection shall conform to regulations
on environmental protection and be adopted in exhaust registration and
inspection facilities compliant with national technical regulations.
3. Motorized vehicles and heavy-duty vehicles to
which certificate of technical safety and environmental protection is issued by
vehicle registration and inspection facilities or certificate of factory
release inspection is issued by manufacturers, inspection is not required where
the vehicles are transported from border checkpoints, manufacturing facilities,
assembly facilities to storage units, ports, stores and vice versa.
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5. The Minister of Transport shall prescribe:
a) Procedures for issuing, re-issuing, suspending,
revoking certificate of eligibility to conduct motorized vehicle inspection of
motorized vehicle registration and inspection facilities;
b) Procedures for issuing, re-issuing, suspending,
and revoking certificate of eligibility to operate of motorbike, moped exhaust
registration and inspection facilities;
c) Procedures for certifying technical safety and
environmental protection for modified motorized vehicles, modified heavy-duty
vehicles;
d) Procedures for conducting, exempting initial
inspection of motorized vehicles and heavy-duty vehicles;
dd) Procedures for conducting exhaust inspection
for motorbikes and mopeds;
e) National technical regulations on technical
facilities and location of motorized vehicle registration and inspection
facilities, motorbike and moped exhaust registration and inspection facilities;
national technical regulations on motorized vehicles and heavy-duty vehicles
participating in road traffic;
g) Dimensional and load limits of motorized
vehicles and heavy-duty vehicles participating in road traffic;
h) Technical requirements for research and
development motorized vehicles and heavy-duty vehicles that wish to participate
in road traffic.
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Article 43. Responsibilities of registration and
inspection facilities, owners and operators of motorized vehicles, heavy-duty
vehicles
1. Registration and inspection
facilities that are public service providers conducting technical safety and
environmental protection inspection for motorized vehicles and heavy-duty
vehicles shall organize and operate in accordance with regulations of
Government.
Registration and inspection facilities are
responsible for technical safety and environmental protection inspection
results of motorized vehicles and heavy-duty vehicles; reject inspection of
violating vehicles where vehicle owners have not completed demands of competent
authority regarding settlement of administrative violations in road traffic
order and safety.
2. Responsibilities of owners and
operators of motorized vehicles, heavy-duty vehicles:
a) Complying with regulations on issuing, revoking
certificate of vehicle and license plate registration, technical safety and
environmental protection of motorized vehicles and heavy-duty vehicles;
b) Performing maintenance and repair to maintain
technical conditions of vehicles; assuming legal responsibility for failure to
operate vehicles that do not meet technical safety and environmental protection
in road traffic;
c) Organizations and individuals under whose name
the certificate of vehicle registration is issued will assume responsibilities
of vehicle owners in the event that certificate of vehicle, license plate
registration has not been revoked as per Clause 6 Article 39 hereof;
d) Where organizations and individuals violating
regulations pertaining to road traffic order and safety have not completed
demands of competent authority pertaining to settlement of administrative
violations in road traffic order and safety, registration and inspection of
violating vehicles will not be processed;
dd) Complying with other regulations of the law
when participating in road traffic.
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1. Buses, four-wheeled motorized vehicles must
operate within routes, schedules, operating hours and stop, park in appropriate
locations.
2. Taxis shall pick up and drop off passengers as
per agreement between passengers and drivers while complying with regulations
on road traffic order and safety upon picking up, dropping off passengers.
3. Goods transport vehicles must operate within
routes, range, and schedules applicable to each type of vehicle.
4. Environmental cleaning vehicles, construction
material and bulk waste transport motor vehicles must be covered, protected
from spilling onto roads, and compliant with operating hours regulated by
People’s Committees of provinces.
5. People’s Committees of provinces shall prescribe
operation of road transport in cities and percentage of public passenger
transport equipped with mobility aid.
Article 45. Road traffic order and safety
assurance for passenger motor vehicles
1. Passenger transportation using motor vehicles
must:
a) Pick up and drop off passengers in designated
locations; install equipment instructions onboard; prepare cleaning measures on
board;
b) Transport passengers in accordance with
registered itinerary and route, except for force majeure;
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d) Avoid transporting dangerous goods, goods
prohibited from sale, counterfeit goods, wild animals, goods of foul odor, or
other animals and goods that affect health of other passengers and environment;
dd) Avoid carrying more passenger than the seating
capacity, more luggage, goods that what is allowed, or other violations of the
law;
e) Avoid carrying goods in passenger space.
2. Drivers and attendants on passenger
transport motor vehicles are responsible for:
a) complying with Clause 1 of this Article;
b) inspecting safety conditions of the vehicles,
providing passengers with guidelines on road traffic safety and emergency exit
before the vehicle depart;
c) providing guidelines, requesting, and inspecting
compliance with Clause 2 Article 10 hereof of vehicle occupants;
d) inspecting luggage and goods arrangement,
fastening;
dd) keeping order and hygiene onboard;
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g) exercising other road traffic rules under
Chapter II hereof.
Article 46. Road traffic order and safety
assurance for motor vehicles transporting preschool children and students
1. Motor vehicles engaging in the service for
transporting preschool children and students must meet requirements below:
a) Such vehicles must meet requirements under
Clause 1 and Clause 2 Article 35 hereof; must be equipped with image capturing
devices for preschool children and students and equipment for preventing child
abandonment; must have a maximum of 20 years in service life; and must be
painted in accordance with regulations of the Government;
b) Such vehicles must be equipped with seat belts
or seats appropriate to age groups as per the law.
2. Where motor vehicles engaging in both services
of general transportation and transporting of preschool children and students,
such vehicles must meet requirements under Clause 3 Article 10, Clause 1 and
Clause 2 Article 35 hereof; must be equipped with image capturing devices for
preschool children and students and equipment for preventing child abandonment
in accordance with Point a Clause 1 of this Article.
3. At least 1 attendant must be assigned on each
motor vehicle for the purpose of transporting preschool children and primary
school students in order to provide guidance, supervise, maintain order and
safety throughout the trips. Where motor vehicles have at least 29 seats
(excluding the drivers’ seats) and transport at least 27 preschool children and
primary school students, at least 2 attendants will be required per vehicle.
Attendants and drivers are responsible for checking for preschool children and
primary school students at drop-off; must not leave preschool children and primary
school students onboard when both attendants and drivers have left the
vehicles.
4. Drivers must have at least 2 years of experience
in operating passenger transportation.
5. Education institutions must develop safety
procedures for transportation of preschool children and students; instruct and
request drivers, attendants to acknowledge and comply with the procedures;
maintain road traffic order and safety in transportation of preschool children
and students of the institutions.
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Article 47. Road traffic order and safety
assurance in passenger and goods transportation using motorbikes, mopeds,
non-motorized vehicles
1. The use of motorbikes, mopeds, and non-motorized
vehicles for passenger and goods transportation must conform to regulations
below:
a) Vehicle safety conditions must be inspected
prior to participation in road traffic;
b) For the purpose of goods transportation, drivers
must carry adequate documents as per the law;
c) Inspection must be conducted to ensure safe
goods arrangement; compliance with passenger, luggage, goods limit;
d) Goods carried onboard must be neatly arranged
and firmly secured in order to not endanger other road users and vehicles; must
not obstruct vision of drivers, headlights, or license plate;
dd) In respect of bulk cargo, construction
material, and waste transportation, all spillage, noise, and dust must be
prevented throughout transportation process;
e) In respect of carried goods extend past the
front and the rear of the vehicles, the vehicles must be outfitted with red
warning signals at both ends of the goods during daytime or lights or other
warning measures during nighttime to alert other road users.
2. People’s Committees of provinces shall stipulate
the use of motorbikes, mopeds, and non-motorized vehicles for passenger and
goods transportation in their provinces.
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1. Four-wheeled motorized vehicles for passenger
and goods transportation must:
a) be issued with certificate of vehicle and
license plate registration; meet technical safety and environmental protection
standards as per the law;
b) publicly post name and phone number of
transportation service providers; publicly post passenger transport fees;
c) adhere to operating schedules and scope.
2. People’s Committees of provinces are responsible
for prescribing operating hours and scope of passenger transportation services
provided via four-wheeled motorized vehicles and goods transportation services
using four-wheeled motorized vehicles in their provinces.
Article 49. Road traffic order and safety
assurance for goods transport motor vehicles
1. When transporting goods
using motor vehicles, drivers must:
a) carry adequate documents as per the law;
b) inspect vehicle safety conditions prior to
participation in road traffic;
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d) inspect goods arrangement and firm, secure goods
fastening in accordance with regulations of Minister of Transport;
dd) adequately cover bulk cargoes, construction
materials, and waste to prevent spillage, noise, or dust during transportation;
keep maximum height of goods at least 10 cm below the top of the cargo space;
e) install red warning signals at both ends of the
goods during daytime and lights or other warning measures during nighttime to
alert other road users in respect of carried goods extend past the front and
the rear of the vehicles.
2. Traffic police forces are responsible for
organizing patrols, controlling, and handing violations of the law pertaining
to road traffic order and safety for motor vehicles carrying overload or
oversized goods in road traffic.
Article 50. Road traffic order and safety for
road vehicles transporting live animals, raw food
1. In order to transport live
animals:
a) Drivers must carry adequate documents as per the
law;
b) Transport vehicles must be outfitted with
structures appropriate to the animals being transported;
c) Transportation process must conform to
regulations of the law pertaining to road traffic order and safety,
epidemiology, disease prevention, and environmental hygiene.
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a) Drivers must carry adequate documents as per the
law;
b) Transportation process must conform to
regulations of the law pertaining to road traffic order and safety,
epidemiology, disease prevention, and environmental hygiene.
Article 51. Road traffic order and safety
assurance for road vehicles carrying dangerous goods
1. Dangerous goods are
goods containing dangerous substances or items which, when carried on public
road, may endanger lives or health of people, the environment, national safety
and security.
2. Transportation of dangerous
goods require transport permit; where necessary, transport service providers
must assign escort personnel to maintain road traffic order and safety.
3. Motor vehicles carrying
dangerous goods must be labeled to identify dangerous goods and outfitted with
warning lights and signals.
4. Drivers or escorts of dangerous goods must
receive training for dangerous goods transportation.
5. Authority licensing the transportation of
dangerous goods are responsible for notifying traffic police authority
affiliated to Ministry of Public Security and traffic police forces in charge
of maintaining road traffic order and safety of routes, roads where the
transport vehicles travel through to command and control road traffic, inspect
and deal with violations of the law, and maintain road traffic order and
safety.
6. The Government shall elaborate this Article.
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1. Oversized vehicles include:
a) Motorized vehicles and heavy-duty vehicles whose
exterior dimensions exceed the permissible limits according to national
technical regulations on motorized vehicles;
b) Motorized vehicles, heavy-duty vehicles whose
exterior dimensions exceed dimensional limits of roads;
c) Motorized vehicles, heavy-duty vehicles whose
exterior dimensions or carried goods exceed goods loading limits or dimensional
limits of roads.
2. Overload vehicles include:
a) Motorized vehicles, heavy-duty vehicles whose
gross weight exceeds the permissible load of the vehicles or load limits of
roads;
b) Motorized vehicles, heavy-duty vehicles whose
gross axle load or axle group load exceeds limit axle load or limit axle group
load or load limits of roads.
3. Road operation permit will be issued to
oversized, overload vehicles and tracked vehicles when:
a) Oversized vehicles under Point a and Point b
Clause 1 of this Article do not carry goods, vehicles whose kerb mass exceeds
load limits of roads do not carry goods, tracked vehicles move from
manufacturing locations, ports, stations, and locations of import, repair,
maintenance to use locations or vice versa or in-between use locations;
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c) Vehicles are operated at an oversized state to
carry passenger motor vehicles of a seating capacity of up to 8 people
(excluding the driver’s seat), trucks and specialized motor vehicles whose
gross weight by design is up to 3.500 kg from manufacturing locations, ports,
stations, and locations of import, repair, maintenance to locations of use.
4. Protection of road structures operation of where
oversized, overload vehicles and tracked vehicles are allowed on roads:
a) Where oversized vehicles, overload vehicles, and
tracked vehicles exceed load limits, dimensional limits of road structures,
organizations and individuals requesting vehicle operation are responsible for
surveying, designing, and reinforcing road structures;
b) Surveying, design, and reinforcement of road
structures are implemented by eligible entities as per construction laws;
c) Organizations and individuals providing
transport services are responsible for incurring road structure survey, design,
reinforcement costs under Point b of this Clause;
d) Agencies, organizations, and individuals under
Points a, b, and c of this Clause are responsible for compensation in case of
damage to road structures;
dd) When necessary, people and vehicles assisting
drivers, issuing warnings to other road users and vehicles and other road
traffic safety measures are required as per regulations of the Government;
e) Where tracked vehicles are allowed for road
operation, protective measures for road surface are required.
5. Competent road authorities shall issue operating
permit for oversized, overload vehicles and tracked vehicles for road
operation; where oversized or overload goods are transported, permit issuance
shall conform to Article 53 hereof; agencies and organizations assigned to
oversee road structures which require reinforcement in accordance with Point a
Clause 4 of this Article shall approve road structure survey, design, and
reinforcement solutions.
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7. Agencies issuing operating permit for oversized
vehicles, overload vehicles, and tracked vehicles must immediately inform
traffic police affiliated to Ministry of Public Security and traffic police
forces in charge of maintaining road traffic order and safety on relevant
routes and roads for traffic command, control, handling of violations of the
law, and assurance of road traffic order and safety.
8. Traffic police forces are responsible for
organizing patrols, commanding, controlling traffic, dealing with violations of
the laws in respect of oversized vehicles, overload vehicles, and tracked
vehicles operating on roads.
9. The Minister of Transport shall elaborate Point
b Clause 3 of this Article; prescribe dimensional and load limits of roads;
prescribe operation of oversized, overload vehicles, and tracked vehicles on
roads; prescribe procedures for issuing operating permit for oversized,
overload vehicles, and tracked vehicles.
Article 53. Road traffic order and safety
assurance for vehicles carrying oversized, overload goods
1. Oversized, overload goods are goods that cannot
be divided or separated and which cause means of transport to exceed
permissible dimensional or load limits for participation in road traffic as per
the law.
2. Vehicles carrying oversized, overload goods must
be suitable for types of goods, dimensions, and load of goods and obtain
operating permit issued by competent road authority.
3. Vehicles carrying oversized, overload goods may
be connected to form vehicle combinations such as hauling units, motor vehicles
towing trailers to tow or propel specialized trailers, semi-trailers, modular
trailers, including where connection is made via the carried goods.
4. Vehicles carrying oversized, overload goods must
operate within the speed specified in the permit and carry warnings indicating
goods dimension; where necessary, assisting personnel and vehicles are required
in accordance with Point dd Clause 4 Article 52 hereof.
5. Authority licensing the transportation of
oversized, overload goods are responsible for notifying traffic police
authority affiliated to Ministry of Public Security and traffic police forces
in charge of maintaining road traffic order and safety of routes, roads where
the transport vehicles travel through to command and control road traffic,
inspect and deal with violations of the law, and maintain road traffic order
and safety.
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7. The Minister of Transport shall elaborate
oversized, overload goods; transportation of oversized, overload goods, and
issuance of operating permit for vehicles transporting oversized, overload
goods in road traffic.
Article 54. Road traffic order and safety
assurance for road recovery vehicles
1. Road recovery vehicles are specialized motor
vehicles outfitted with equipment and tools for rescuing, assisting in movement
or transportation of disabled vehicles.
2. Road recovery vehicles must carry identifiers,
publicly posted vehicle information, tracking devices, and driver image
capturing devices in accordance with Clause 2 Article 35 hereof.
3. Road recovery vehicles must adhere to regulations
of the law pertaining to load of goods carried by recovery vehicles and weight
of recovery vehicles specified on certificate of technical safety and
environmental protection inspection.
Article 55. Road traffic order and safety
assurance for right-hand drive motor vehicles of foreigners registered overseas
and engaging in Vietnamese traffic; foreign motorized vehicles brought into
Vietnam by foreigners for tourism purposes
1. Right-hand drive motor vehicles of foreigners
registered overseas and engaging in Vietnamese traffic and foreign motorized
vehicles brought into Vietnam by foreigners for tourism purposes must be
licensed by competent authority.
2. Agencies licensing right-hand drive motor
vehicles of foreigners registered overseas and engaging in Vietnamese traffic
and foreign motorized vehicles brought into Vietnam by foreigners for tourism
purposes must immediately inform immigration authority.
3. Operation of right-hand drive motor vehicles of
foreigners registered overseas and engaging in Vietnamese traffic and foreign
motorized vehicles brought into Vietnam by foreigners for tourism purposes is
regulated as follows:
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b) Such vehicles must participate in traffic within
the scope, route, and time licensed by Vietnamese authority;
c) Right-hand drive motor vehicles of foreigners
registered overseas must travel in convoys and accompanied by supporting,
coordinating personnel and vehicles;
d) Organizations and individuals bringing
right-hand drive vehicles to Vietnam are responsible for preparing vehicles for
traffic coordination and safety for the duration of stay of the right-hand
drive vehicles in Vietnamese territory.
4. The Government shall elaborate this Article.
Chapter IV
VEHICLE OPERATORS IN ROAD TRAFFIC
Article 56. Requirements of vehicle operators for
road traffic participation
1. Vehicle operators must
meet age and health requirements as per the law; possess valid driver license
with at least 1 point remaining appropriate to the types of vehicle issued by
competent authority, except for moped operators under Clause 4 of this Article.
Vehicle operators, upon participating in road traffic, must carry:
a) Certificate of vehicle registration or certified
true copies of certificate of vehicle registration and valid original copies of
verifying documents of credit institutions, foreign bank branches in case the
vehicles are being held as collateral at credit institutions, foreign bank
branches;
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c) Certificate of technical safety and
environmental protection inspection for motorized vehicles as per the law;
d) Certificate of compulsory civil liability
insurance of motorized vehicle owners.
2. Operators of heavy-duty
vehicles must meet age and health requirements as per the law; possess
certificate of heavy-duty vehicle operation training appropriate to the type of
heavy-duty vehicles being operated; valid driver license with at least 1 point
remaining or certificate of road traffic law training. When participating in
traffic, operators of heavy-duty vehicles must also carry:
a) Certificate of vehicle registration or certified
true copies of certificate of vehicle registration and valid original copies of
receipts of credit institutions, foreign bank branches in case the vehicles are
being held as collateral at credit institutions, foreign bank branches;
b) Degree or certificate of heavy-duty vehicle
operation training;
c) Driver license or certificate of road traffic
law training;
d) Certificate of technical safety and
environmental protection inspection for heavy-duty vehicles as per the law;
dd) Certificate of compulsory civil liability
insurance as per the law.
3. Where documents under
Clause 1 and Clause 2 of this Article have been integrated in electronic identification
account, the presentation and inspection thereof can be done via electronic
identification account.
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5. Motor vehicle trainees
and examinees must use vehicles for training, examination on training,
examination routes and be assisted by trainers or examiners. Motor vehicle
trainers and examiners must carry documents under Clause 1 of this Article.
Article 57. Driver license
1. Driver license is divided into the following
categories:
a) Category A1 license is issued to operators of
two-wheeled motorbikes of an engine size of up to 125 cm3 or
electric motor power output of up to 11 kW;
b) Category A license is issued to operators of
two-wheeled motorbikes of an engine size of more than 125 cm3 or
electronic motor power of more than 11 kW and vehicles in category A1;
c) Category B1 license is issued to operators of
three-wheeled motorbikes and vehicles in category A1;
d) Category B license is issued to operators of
passenger motor vehicles of a seating capacity of up to 8 people (excluding the
driver’s seat); trucks and specialized vehicles with maximum authorized mass of
3.500 kg; motor vehicles in category B towing trailers of up to 750 kg in
maximum authorized mass;
dd) Category C1 license is issued to operators of
trucks and specialized vehicles with maximum authorized mass of exceeding 3.500
kg to 7.500 kg; trucks in category C1 towing trailers of up to 750 kg in
maximum authorized mass; vehicles in category B;
e) Category C license is issued to operators of
trucks and specialized vehicles with maximum authorized mass of exceeding 7.500
kg; trucks in category C towing trailers of up to 750 kg in maximum authorized
mass; vehicles in category B and category C1;
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h) Category D2 license is issued to operators of
passenger vehicles (including buses) of a seating capacity of exceeding 16
people (excluding the driver’s seat) to 29 seats (excluding the driver’s seat);
passenger motor vehicles in category D2 towing trailers of up to 750 kg in
maximum authorized mass; vehicles in category B, category C1, category C, and
category D1;
i) Category D license is issued to operators of
passenger motor vehicles (including buses) of a seating capacity of exceeding
29 people (excluding the driver’s seat); passenger sleeper motor vehicles;
passenger motor vehicles in category D towing trailers of up to 750 kg in
maximum authorized mass; vehicles in category G, category C1, category C,
category D1, and category D2;
k) Category BE license is issued to operators of
motor vehicles in category B towing trailers with exceeding 750 kg in maximum
authorized mass;
l) Category C1E license is issued to operators of
motor vehicles in category C1 towing trailers with exceeding 750 kg in maximum
authorized mass;
m) Category CE license is issued to operators of
motor vehicles in category C towing trailers with exceeding 750 kg in maximum
authorized mass; hauling units towing semi-trailers;
n) Category D1E license is issued to operators of
motor vehicles in category D1 towing trailers with exceeding 750 kg in maximum
authorized mass;
o) Category D2E license is issued to operators of
motor vehicles in category D2 towing trailers with exceeding 750 kg in maximum
authorized mass;
p) Category De license is issued to operators of
motor vehicles in category D towing trailers with exceeding 750 kg in maximum
authorized mass; articulated passenger motor vehicles.
2. Category A1 license will
be issued to persons with disabilities operating three-wheeled motorbikes
intended for use by people with disabilities.
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3. Operators of
four-wheeled goods transport motorized vehicles, four-wheeled passenger
transport motorized vehicles must carry driver license of a category
appropriate to trucks or passenger motor vehicles respectively.
4. Operators of motor
vehicles that have been designed, modified to have less seating capacity than
that of vehicles of the same type and dimensional limits must carry driver
license of a category appropriate to the motor vehicles of the same type,
dimensional limits, and the highest seating capacity.
5. Effective period of
driver license:
a) Category A1, category A, and category B1 license
do not expire;
b) Category B and category C1 license expire after
10 years from the date of issue;
c) Category C, category D1, category D2, category
D, category BE, category C1E, category CE, category D1E, category D2E, and
category DE license expire after 5 year from the date of issue.
6. Driver license valid for
use within Vietnamese territory include:
a) Driver license issued by Vietnamese competent
authority;
b) International driver license and national driver
license appropriate to the type of vehicles in question issued by a member
state of the United Nations Convention on Road Traffic of 1968 (hereinafter
referred to as “Vienna Convention”);
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d) Foreign driver license appropriate to the type
of vehicles in question issued by countries recognized by international
treaties to which the Socialist Republic of Vietnam is a signatory.
7. Driver license is void
when:
a) The driver license expires;
b) The driver license is revoked under Clause 5
Article 62 hereof.
8. International driver license
is prescribed as follows:
a) International driver license is a driver license
issued by competent authority of a member state of the Vienna Convention using
a unified format; is effective for up to 3 years from the date of issue and
must match effective period of national driver license;
b) Holders of international driver license issued
by member states of the Vienna Convention must carry respective valid
international driver license and national driver license appropriate to the
type of vehicles when engaging in road traffic in Vietnamese territory; adhere
to Vietnam’s road traffic order and safety laws;
c) Where holders of international driver license
have their driver license temporarily suspended as a result of violation of
Vietnam’s road traffic order and safety laws, the duration of the temporary
suspension must not be longer than the permissible duration of stay in Vietnam
of the holders;
d) Vietnamese nationals or foreigners possessing
permanent residence card or temporary residence card in Vietnam and holding
unexpired driver license issued by competent authority of Vietnam or member
state of international treaties to which the Socialist Republic of Vietnam is a
signatory may apply for international driver license.
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Article 58. Points of driver license
1. Points of driver license
are used to govern compliance with road traffic order and safety assurance of
vehicle operators on database on road traffic order and safety and consist of
12 points. The number of points removed per offence varies depending on the
nature and severity of the violation of road traffic order and safety laws.
Data pertaining to penalty points of driver license of offenders is immediately
updated on database system after decision on violation penalty enters into
force and holders of driver license on which penalty points are imposed are
notified.
2. A driver license with at
least 1 point remaining will have its points reset back to 12 points if no
point are removed for 12 months.
3. Where all points of a
driver license have been completely removed, holder of the driver license is
not allowed to operate vehicles under said driver license. At least 6 months
from the date on which all driver license points have been removed, the license
holders may apply for examination on road traffic order and safety laws
according to Clause 7 Article 61 hereof organized by traffic police forces and
receive 12 points where they attain satisfactory results.
4. A renewed, re-issued,
and upgraded driver license will retain driver license points prior to the
renewal, re-issuance, and upgrade.
5. Competent individuals
entitled to impose administrative penalties can remove driver license points.
6. The Government shall
elaborate Clause 1 of this Article; procedures and entitlement to removing and
resetting driver license points; roadmap for implementation of this Article.
The Minister of Public Security shall elaborate Clause 3 of this Article.
Article 59. Age and health requirements of
vehicle operators participating in road traffic
1. Age requirements of
drivers, operators of heavy-duty vehicles are as follows:
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b) People of at least 18 years of age may apply for
A1, A, B1, B, C1 driver license and certificate of road traffic law trainings
in order to operate heavy-duty vehicles in road traffic;
c) People of at least 21 years of age may apply for
C and BE driver license;
d) People of at least 24 years of age may apply for
D1, D2, C1E, and CE driver license;
dd) People of at least 27 years of age may apply
for D, D1E, D2E, and DE driver license;
e) Operators of passenger motor vehicles (including
buses) with a seating capacity of more than 29 people (excluding the driver’s
seat), passenger sleeper motor vehicles must not be older than 57 in case of
male operators and 55 in case of female operators.
2. Vehicle operators must
meet health requirements applicable to the type of vehicles they are allowed to
operate. The Minister of Health shall prescribe health standards, and medical
examination for drivers, operators of heavy-duty vehicles; periodic medical
examination for people working as motor vehicle operators; develop database on
health of drivers, operators of heavy-duty vehicles.
3. The Minister of National
Defense and Minister of Public Security shall prescribe age requirements for
drivers in military forces and police forces performing national defense and
security tasks.
Article 60. Driver training
1. Individuals applying for driver license must
undergo written and practical training according to training programs
applicable to driver license grade.
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3. Training for driver license
upgrade applies to:
a) Upgrading category B to
category C1 or category C or category D1 or category D2;
b) Upgrading category C1 to
category C or category D1 or category D2;
c) Upgrading category C to
category D1 or category D2 or category D;
d) Upgrading category D1 to
category D2 or category D;
dd) Upgrading category D2 to
category D;
e) Upgrading category B to
category BE, category C1 to category C1E, category C to category CE, category
D1 to category D1E, category D2 to category D2E, category D to category DE.
4. In order to apply for driver
license upgrade, eligible individuals must possess valid driver license and
adequate driving experience appropriate to each driver license category; in
respect of application for driver license upgrade to category D1 or category D2
or category D, applicants must have lower-secondary education qualification or
higher.
5. Category C, category D1,
category D2, category D, category BE, category C1E, category CE, category D1E,
category D2E, category DE driver license can only be obtained via driver
license upgrade detailed under Clause 3 and Clause 4 of this Article.
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7. The Government shall
elaborate driver training methods other than those mentioned under Clause 2 of
this Article; procedures for examining and evaluating to issue, re-issue, and
revoke training vehicle license; standards of driving instructors; issuance,
re-issuance, and revocation of certificate of driving instructor; issuance,
re-issuance, and revocation of driver training license.
8. The Minister of
Transport shall prescribe format, contents, and programs for driver training,
safe driving period for each driver license category under Clause 4 of this
Article and standards of motorbike driver training facilities; the Minister of
National Defense and Minister of Public Security shall prescribe driver
training facilities and driver training operation for military forces and
police forces performing national defense and security tasks.
Article 61. Driver examination
1. Individuals completing
drier training programs and meeting age and health requirements under Article
59 hereof may apply for driver examination.
2. Contents of driver
examination must be appropriate to driver license grade and driver training
program.
3. Motor vehicle driver
examination must be carried out at driver training facilities; motorbike driver
training examination must be carried out at driver training facilities or
driving courses that meet technical, amenity requirements and standards. Driver
examination is organized by competent authority.
4. Driver examination
facilities are providers of driver examination service; must meet requirements
set by the Government and technical requirements under national technical
regulations on driver training facilities for motorized road vehicles; use
information technology equipment, share examination results and monitoring data
to driver training, driving tests, and driver licensing authority, road traffic
order and safety authority.
5. Driver examination is
carried out by examiners. Examiners must meet adequate eligibility,
requirements, possess examiner card, and be responsible for their examination
results.
6. The Government shall prescribe requirements,
procedures for examination and evaluation for issuance, re-issuance, and
revocation of driver examination license for driver training facilities;
driving course requirements for motorbike driving examination.
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Article 62. Issuance, renewal, re-issuance, and
revocation of driver license
1. Driver license is issued
to driver examinees who attain desired results.
2. License holders are
eligible for renewal or re-issuance when:
a) The previous license is lost;
b) The previous license is damaged beyond serviceable;
c) The previous license has not expired;
d) Information in the previous license is changed;
dd) Foreign driver license issued by foreign
competent authority has not expired;
e) Driver license is issued by Ministry of National
Defense or Ministry of Public Security at request or license holders no longer
perform national defense and security tasks.
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4. Issuance, renewal, re-issuance
of driver license of individuals violating regulations of the law pertaining to
road traffic order and safety will be postponed where such individuals have not
fulfilled request of competent authority regarding settlement of administrative
cases in road traffic order and safety.
5. Driver license is
revoked where:
a) License holders no longer meet health
requirements applicable to each driver license category under conclusion of
medical examination and treatment establishments;
b) The driver license was issued in an illegitimate
manner;
c) The driver license is not collected by
individuals committing administrative violations without a justifiable reason
after impound period expires or prescriptive period of administrative
violations expires as per administrative penalty laws.
6. The Minister of Transport shall prescribe
requirements, procedures for issuance, renewal, re-issuance, and revocation of
driver license other than cases under Clause 7 of this Article.
7. The Minister of National Defense and Minister of
Public Security shall prescribe issuance, renewal, re-issuance, and revocation
of driver license for military forces and police forces performing national
defense and security tasks. The Minister of Labor - War Invalids and Social Affairs
shall prescribe requirements and procedures for issuance, renewal, re-issuance,
and revocation of operating certificate for heavy-duty vehicles for tractor
operators with driver license under Points d, e, g, h, i, k, l, m, and n Clause
3 Article 89 hereof.
Article 63. Training and examination for
issuance of certificate of road traffic law training to operators of heavy-duty
vehicles
1. Certificate of road traffic law training is a
certificate issued to eligible individuals as per the law for the operation of
heavy-duty vehicles in road traffic.
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3. Training facilities for motor vehicle drivers
and training facilities for heavy-duty vehicle operators eligible to provide
training for road traffic law must adhere to training format, contents,
program, organize examination, and issue certificate of road traffic law
training to individuals with satisfactory exam results.
4. The Minister of Transport shall prescribe
format, contents, and program of road traffic law training; examination and
procedures for issuance, re-issuance of certificate of road traffic law
training; eligibility of training facilities for heavy-duty vehicle operators
to provide training, organize examination, and issue certificate of road
traffic law training except for cases under Clause 5 of this Article.
5. The Minister of National Defense and Minister of
Public Security shall prescribe format, contents, and program for road traffic
law training; eligibility of training facilities for heavy-duty vehicle
operators to provide training, organize examination, and issue certificate of
road traffic law training to military forces and police forces performing
national defense and security tasks.
Article 64. Working hour of motor vehicle
operators engaging in transportation service and internal transportation
1. Motor vehicle operators must not drive more than
10 hours per day, 48 hours per week, and 4 hours per driving session and must
adhere to relevant regulations of the Labor Code.
2. Transport service providers, internal
transportation providers, and motor vehicle operators engaging in
transportation service and internal transportation are responsible for
implementation of this Article.
Chapter V
PATROL AND CONTROL FOR ROAD TRAFFIC ORDER AND SAFETY
Article 65. Patrol and control for road traffic
order and safety
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a) Assigning forces
and vehicles for patrol and control duties;
b) Inspecting,
controlling road users and vehicles in traffic;
c) Discovering,
preventing, and taking actions against violations of the law pertaining to road
traffic order and safety and other violations.
2. Forms of patrol and control include:
a) Patrol and control forces on roads;
b) Systems, equipment, devices, and data under
Clauses 1, 2, 3, and 4 Article 67 hereof.
3. Patrol and control forces include:
a) Traffic police forces;
b) Other forces and units in people’s public
security mobilized to cooperate with traffic police in patrol and control
activities when necessary on the basis of tasks and powers of mobilized forces,
decision of competent authority, and powers appropriate to the tasks.
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a) monitoring,
acknowledging road user and vehicle situations; general road traffic order and
safety; order and safety on specific routes;
b) exercising Point
b and Point c Clause 1 of this Article;
c) guiding, popularizing, and encouraging road
users to comply with road traffic order and safety;
d) assisting road
users and vehicles when necessary;
dd) commanding and controlling road traffic;
e) investigating and resolving road traffic
accidents as per the law;
g) preventing crimes on designated routes,
maintaining security and order as per the law; preventing terrorism, protests,
epidemic, natural disasters, fire; participating in rescue;
h) looking for difficulties in road traffic, road
traffic arrangement, causes for loss of road traffic order and safety;
notifying the authority or competent agency to recommend remediation measures
to competent authority;
i) cooperating with
road authority in detecting and preventing violations of the law pertaining to
road structure and safety corridor protection;
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5. Traffic police in the performance of patrol and
control duties have the power to:
a) Pull over road
vehicles in accordance with Article 66 hereof to inspect compliance with road
traffic rules; conditions of vehicles participating in road traffic; conditions
of vehicle operators participating in road traffic; regulations on road traffic
order and safety assurance in accordance with this Law and other relevant law
provisions.
b) impose penalties for administrative violations
pertaining to road traffic order and safety and other violations as per the
law;
c) mobilize civilians, equipment, and vehicles in
case of emergency; relocate vehicles violating stopping, parking regulations in
a manner that obstructs traffic or causes traffic congestion or potentially
causes road traffic accident in accordance with Article 68 and Article 69
hereof;
d) operate and use systems, equipment, vehicles,
and data in accordance with Clauses 1, 2, 3, and 4 Article 67 hereof and
weapons, combat gears in accordance with Article 70 hereof;
dd) exercise other powers in accordance with the
Law on People’s Public Security and other relevant law provisions.
6. Patrol and control forces in the performance of
their duties must:
a) comply with regulations of the law and patrol,
control orders and plans of competent authority;
b) respect and protect legitimate rights and
benefits of agencies, organizations, and individuals;
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d) assume responsibilities for
their decisions and behaviors as per the law.
7. The Minister of Public
Security shall elaborate Point a and Point b Clause 1, Clause 2, Point b Clause
3 of this Article; prescribe procedures for patrolling, controlling, handling
violations of the law pertaining to road traffic order and safety of traffic
police.
8. Military motorized vehicles, military heavy-duty
vehicles and operators thereof must comply with road traffic inspection and
control request of traffic police and internal order inspection, law compliance
inspection requests of military police and military inspection vehicles.
Inspection of internal order and compliance with the law conducted by military
police and military inspection vehicles shall conform to regulations of
Minister of National Defense.
Article 66. Basis for pulling over road vehicles
for inspection and control
Traffic police may pull over road vehicles to
conduct inspection and control when:
1. Violation of the law
pertaining to road traffic order and safety or other laws are found or
suspected;
2. Such action is compliant
with patrol, control orders and plans of competent authority in order to detect
violations of the law pertaining to road traffic order and safety which can
only be done by pulling vehicles over for inspection;
3. Such action serves
national security, social order and safety, crime prevention, natural disaster
preparedness, fire prevention, firefighting, rescue, and epidemic prevention;
4. Agencies,
organizations, and individuals submit information, reports, recommendations,
requests pertaining to crimes or other violations of the law.
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1. Operating and using
surveillance system serving road traffic security, order, and safety; camera
system on traffic routes in urban areas; structures and systems of technical
equipment for motorized vehicle load control and inspection.
2. Operating professional technical
equipment, devices, smart devices to assist road traffic control and command.
3. Using data extracted from
tracking devices, devices capturing images of the drivers, and data collected
from vehicle load control structures.
4. Using information on database
on road traffic order and safety.
5. Making direct observation,
control, and comparison by people in charge.
6. Receiving and processing
reports, information, recommendation, data collected from technical media,
equipment of agencies, organizations, and individuals according to regulations
of the Government.
7. Adopting other measures as per
the law.
Article 68. Mobilization of civilians, civil
equipment and vehicles in case of emergency
1. During
the performance of road traffic patrol, command, control and handling of road
traffic accidents, for the purpose of emergency or protection of national
security or social order and safety assurance or prevention of ongoing or
potential damage to society, persons in command of the scene and affiliated to
traffic police may mobilize civilians, civil equipment and vehicles and
operators thereof.
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3.
Mobilized agencies, organizations, and individuals are responsible for
complying with decisions and request of traffic police in accordance with
Clause 1 of this Article.
In case of emergency according to Clause 1 of this
Article, persons in command of the scene and affiliated to traffic police may
request foreign organizations, individuals to provide assistance in accordance
with Vietnam’s regulations of the law and international treaties to which the
Socialist Republic of Vietnam is a signatory.
Article 69. Relocating vehicles violating
stopping, parking regulations in a manner that obstructs traffic or causes
traffic congestion or potentially causes road traffic accident
1. Where
road vehicles violate stopping, parking regulations in a manner that obstructs
traffic, causes traffic congestion, or potentially causes road traffic accident
and vehicle owners are either absent from the scene or do not comply with
request of traffic police, traffic police shall relocate the offending vehicles
from said stopping, parking positions.
Where relocation is not feasible,
traffic police may hire appropriate organizations and individuals to relocate
the vehicles.
2. Where vehicle operators or
owners obstruct the performance of duty or resist the relocation of vehicles,
traffic police shall adopt measures under Clause 1 Article 73 hereof; where
such individuals continue to obstruct or resist, traffic police may enforce
implementation.
3. Vehicle operators or owners
must incur costs or rental fees for relocating their vehicles.
4. During relocation process under Clause 1 of this
Article, traffic police and organizations, individuals hired to relocate the
vehicles must maintain safety for the relocated vehicles.
Article 70. Furnishment and use of vehicles,
equipment, weapons, and combat gears during patrol and control
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2. Forces under Clause 1 of this Article are
allowed to use equipped weapons and combat gears in accordance with regulations
of the law on management and use of weapons, explosive materials, and combat
gears; use road vehicles, professional technical means and equipment, smart
equipment to assist traffic control and command in accordance with regulations
of Minister of Public Security; use data storage devices provided by
organizations and individuals to analyze, evaluate, predict road traffic order
and safety, detect violations of the law pertaining to road order and safety
and other violations as per the law.
3. Equipped weapons and combat
gears are subject to management under regulations of the law on management and
use of weapons, explosive materials and combat gears; professional technical
instruments and equipment, smart equipment for assisting traffic control and
command are subject to management under this Law, regulations of the law on
administrative penalties, and other relevant law provisions.
Article 71. Monitoring system for road traffic
security, order, and safety; management system for tracking devices and driver
image capturing devices; system of professional technical equipment for
motorized vehicle load inspection
1. Monitoring system for
road traffic security, order, and safety is regulated as follows:
a) Monitoring system for road traffic security,
order, and safety is a system for collecting signals, data, sound, images
regarding trips made by road vehicles, traffic conditions, and other relevant
data which is developed and installed on roads in accordance with national
technical regulations for the purpose of monitoring road traffic security,
order, and safety; detecting violations of the law pertaining to road traffic
order and safety and other violations of the law;
b) The development, management, operation, and use
of monitoring system for road traffic security, order, and safety must adhere
to operating procedures, ensure continuous operation, and be connected to
traffic command center;
c) Data collected from monitoring system for road
traffic security, order, and safety must be managed as per the law; compliant
with requirements pertaining to private data protection, protection of
legitimate rights and benefits of individuals and organizations; used to
process violations of the law pertaining to road traffic order and safety,
other violations of the law, and facilitate state management activities.
2. Management system for
tracking devices and driver image capturing devices records, stores, and
transmits information, data regarding trips of road vehicles and images of
drivers in order to serve road traffic security, order, and safety assurance,
impose penalties against violations of the law, facilitate state management of
road transport; is governed, operated, and used by traffic police forces; is
connected and shared with road authority and relevant agencies.
3. System of professional
technical equipment for motorized vehicle load inspection is provided to
traffic police forces to inspect, detect, and handle violations of the law
pertaining to road vehicle load.
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Article 72. Rights and responsibilities of
vehicle operators
1. Vehicle operators have
the right to:
a) operate road vehicles in accordance with this
Law;
b) be informed about the basis for pulling over
road vehicles for inspection and control; inspection and control details,
results; violations and actions to be taken;
c) file presentation, complaint, and lawsuits
against administrative decisions, actions relating to their legitimate rights
and benefits as per the law;
b) denounce violations of the law in patrol and
control activities pertaining to road traffic order and safety as per
denunciation laws;
dd) denounce, report, and publicize violations of
the law.
2. Vehicle operators have
the responsibility to:
a) comply with regulations on road traffic order
and safety;
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c) assist and cooperate with road traffic order and
safety forces in the process of detecting, preventing, and taking actions
against violations of the law regarding road traffic order and safety and other
violations of the law.
Article 73. Preventing
non-compliance with inspection and control request, obstruction or resisting of
law enforcers
1. Where road vehicles fail to
comply with inspection and control request or obstruct, resist law enforcers,
law enforcers shall:
a) explain non-compliance with
inspection, control request and obstruction, resisting of law enforcers to
offenders; rights and responsibilities of offenders; persuade and request
offenders to immediately cease the offence and comply with inspection and
control request;
b)
adopt interceptive measures as per the law where offenders obstruct, refuse to
comply with inspection, control request of law enforcers;
c) where offenders resist law
enforcers, depending on the situation, nature and severity of the offence, law
enforcers may use physical force, combat gears, or weapons as per the law to
stop the offence or for justifiable self-defense.
2. Where
vehicle operators fail to comply with pull-over signals or commands and run
away, law enforcers may pursue and impose penalties.
Chapter VI
ROAD TRAFFIC COMMAND AND CONTROL FOR ROAD TRAFFIC
ORDER AND SAFETY
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1. Road traffic command means a combination of
collection, analysis, and evaluation of relevant factors to come up with
orderly, safe, coherent road traffic solutions implemented by individuals
entitled to coordinate traffic; traffic control center; smart traffic command
and control equipment.
2. Road traffic control means road traffic
coordination to maintain order, safety, and coherence implemented via traffic
control personnel; notification and implementation of temporary traffic
arrangement solutions; management of operation of traffic lights, other road
signals, smart traffic command and control equipment.
3. The Minister of Public Security shall elaborate
this Article.
Article 75. Traffic command center
1. Traffic command center consists of technical
infrastructures, technology systems and equipment, and database under
management and operation of traffic police forces.
2. Traffic command center is responsible for
collecting, storing, analyzing, processing data pertaining to road traffic
order and safety situation to accommodate road traffic control and command,
resolve road traffic accidents, patrol, control road traffic order and safety;
fight and prevent crime and other violations on road; provide information
pertaining to traffic conditions to road users; facilitate orderly, safe, and
coherent road traffic operation.
3. Traffic command center consists of: national
traffic command center, provincial-level, city-level traffic command center.
4. Traffic command center are connected to and
share data with ministries, central departments, and the following systems and
databases:
a) Road traffic lights;
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c) Management system for tracking devices and
driver image capturing devices;
d) Camera system on public roads and city roads;
dd) Smart traffic command and control equipment;
equipment serving road traffic control, patrol, coordination, and settlement of
road traffic accidents at the scene;
e) Management center of smart traffic system;
g) Structure for motorized vehicle load control,
system of professional technical equipment for motorized vehicle load
inspection;
h) Other databases in accordance with Clause 1
Article 7 hereof.
5. The Minister of Public Security shall promulgate
national technical regulation on traffic command center; prescribe development,
management, and operation of traffic command center.
Article 76. Resolving irregular situations
causing loss of road traffic order and safety
1. Irregular situations causing loss of road
traffic order and safety include: traffic congestion; traffic accidents;
damaged traffic infrastructures; natural disasters, fire, explosion causing
loss of road traffic safety; complicated situations pertaining to road traffic
security and order.
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3. Police authority and road authority upon finding
or receiving report pertaining to situations under Clause 1 of this Article
must, within their functions and tasks:
a) organize response forces at the site of the
situation to maintain on-site road traffic order and safety;
b) implement measures under Clause 2 Article 74
hereof;
c) promptly remediate damage to road traffic
infrastructures that cause loss of road traffic order and safety;
d) immediately inform competent authority in case
such action exceeds their capability, powers, functions, and tasks;
dd) implement other measures as per the law.
Article 77. Road traffic order and safety
assurance in temporary use of roadway and pavement for other purposes
1. Roadway serves traffic purposes whereas pavement
serves pedestrians. Where temporary use of roadway or pavement is required to
accommodate political, cultural, sport activities and other activities,
agencies, organizations, and individuals wishing to temporarily use roadway and
payment must produce solutions for temporary use of roadway and pavement
approved by competent authority; agencies approving temporary use of roadway
and pavement must immediately inform traffic police authority.
2. Agencies, organizations, and individuals
temporarily using roadway and pavement must use roadway and payment for the
right purpose approved by competent authority; comply with request of traffic
police; maintain road traffic order and safety; restore roadway and pavement to
their previous conditions when they finish using the roadway and pavement.
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a) develop and organize implementation of solutions
for road traffic order and safety;
b) notify and implement temporary traffic
arrangement solutions;
c) resolve situations causing loss of road traffic
order, security, and safety; where temporary use of roadway and pavement does
not meet road traffic security, safety, and order requirements, temporarily
suspend the use and request competent authority to adjust use solutions
accordingly.
4. The Government shall elaborate this Article.
Article 78. Resolving traffic congestion
1. In the event of irregular traffic congestion,
traffic police must adopt solutions under Clause 3 Article 76 hereof.
2. In the event of traffic congestion:
a) Traffic police authority shall develop road
traffic command and control solutions; impose penalties for violations of the
law pertaining to road traffic order and safety; request competent authority to
resolve and prevent traffic congestion;
b) Road authority shall take charge, cooperate with
relevant agencies, organizations, and individuals in verifying causes of
traffic congestion, adopting solutions within their powers or requesting
competent authority to resolve;
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Article 79. Road traffic order and safety
recommendations for road structures
1. Upon receiving report regarding potential damage
to road structures according to Clause 1 Article 76 hereof or upon discovering
potential safety loss of road structures or any irregularity in traffic
arrangement, traffic police have the responsibility to:
a) rectify within their powers or request road
authority, road management and use personnel to rectify in a timely manner;
b) adopt road traffic control and command solutions
under Article 74 hereof or temporarily shutdown traffic of specific routes if
road traffic order and safety cannot be maintained.
2. Road authority and road management and use
personnel, within their tasks and powers, have the responsibility to:
a) receive report, examine, and rectify factors
that potentially cause loss of safety in road traffic, report rectification
results to traffic police authority, organizations, and individuals that issue
the request;
b) assume responsibility for damage that is caused
as a result of failure to rectify, remediate factors that cause loss of road
traffic safety according to Point a of this Clause.
Chapter VII
RESOLVING ROAD TRAFFIC ACCIDENTS
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1. Vehicle operators causing traffic accidents and
individuals relevant to the accidents have the responsibility to:
a) immediately stop vehicles, establish danger
warning, maintain the scene, assist accident victims, and report to the nearest
police authority, medical examination and treatment establishments, or People’s
Committees;
b) remain at the scene of accidents until the
police arrive unless they require emergency medical care or accident victims
require emergency medical care or they feel their lives and health are being
threatened in which case they must report to the nearest police authority and
People’s Committees;
c) provide identification information of
themselves, individuals related to the accidents, and relevant information of
the accidents for competent authority.
2. Individuals present at accident scenes have the
responsibility to:
a) provide assistance and medical aid for accident
victims;
b) notify the nearest police authority, medical
examination and treatment establishments, or People’s Committees;
c) protect the accident scene;
d) protect property of accident victims;
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3. Individuals under Clause 1 and Clause 2 of this
Article are allowed to use vehicles related to the accidents to transport
accident victims to emergency medical care only when there are no other
vehicles at the scene. In this case, the vehicles and victims must be tracked
and signs relating to the accidents must not be altered Where there are human
casualties, the scene must be preserved and the corpses must be covered.
4. Other vehicle operators moving past the accident
scenes are responsible for carrying wounded individuals to receive emergency
medical care. Priority vehicles and passenger vehicles benefiting from privileges
or diplomatic immunities are not required to comply with this Clause.
Article 81. Discovering, receiving, and
processing report on road traffic accidents
1. Agencies, organizations, and individuals, upon
discovering road traffic accidents, must immediately report to the nearest
police authority, medical examination and treatment establishments, and
People’s Committees.
2. Police authority shall, upon receiving report
about traffic accidents, assign response forces to arrive at the scene to
implement solutions under Clause 3 Article 76 hereof and other solutions to
resolve traffic accidents as per the law.
3. Medical examination and treatment establishments
providing initial medical care to traffic accident victims are responsible for
reporting to the nearest police authority; conducting tests for alcoholic
contents, narcotic substance contents, or other stimulant contents in blood of
vehicle operators. Where medical examination and treatment establishments are
incapable of conducting tests, they must collect blood samples, preserve, and
transport blood samples to capable testing facilities.
4. The nearest People's Committees upon receiving
report about traffic accidents must notify competent police authority.
5. Insurance enterprises related to individuals,
vehicles, and property involved in traffic accidents upon receiving report
about traffic accidents must assign their personnel or representatives to
arrive at the scene to cooperate with entities resolving traffic accidents.
6. The Minister of Public Security shall elaborate
Clause 2 of this Article.
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1. Police authority shall take charge and cooperate
with relevant agencies, organizations, and individuals in mobilizing forces,
equipment, and vehicles at the scene to provide rescue efforts. Depending on
the nature, severity, and consequences of traffic accidents, police authority
are responsible for reporting to competent authority to mobilize forces and
equipment to resolve traffic accidents when necessary.
2. Medical examination and treatment facilities
must assign personnel and vehicles to stand by and immediately arrive at the
scene to provide emergency medical aid, transport, provide emergency medical
care after receiving report on traffic accidents; provide assistance and
medical care for traffic victims in all situations.
3. Insurance enterprises are responsible for
cooperating with police authority in allocating rescue vehicles for vehicles
involved in traffic accidents when necessary.
4. People’s Committees of communes where traffic
accidents occur and involve human casualties with unidentified personal
information and relatives or whose relatives cannot afford burial procedures
are responsible for burying the victims after receiving approval from competent
authority entitled to investigate, resolve traffic accidents.
5. Where vehicles carrying dangerous goods are
involved in traffic accidents, police authority in charge of the accidents must
immediately notify entities in charge of handling hazardous chemicals,
combustible and explosive materials; seal off the accident scenes; reorganize
traffic arrangement, and prevent other road users, vehicles from entering the accident
scenes.
Article 83. Investigating and settling traffic
accidents
1. Rules in investigating and settling traffic
accidents:
a) All accidents are investigated and settled in a
quick, timely, accurate, objective, and law-compliant manner;
b) Individuals causing traffic accidents must,
depending on severity and nature of the violation, be met with administrative
penalties or criminal prosecution and, if such violation causes damage, pay
compensation as per the law;
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d) Investigation and settlement of traffic
accidents must not be taken advantage of, exploited for infringement of
benefits of the Government or legitimate rights and benefits of organizations
and individuals;
dd) Where traffic accidents involve personnel and
vehicles of diplomatic representative missions, consular missions,
representative missions of international organizations in Vietnam,
investigation and settlement of such accidents shall conform to this law,
regulations on diplomatic privileges, immunity, and relevant international
treaties to which the Socialist Republic of Vietnam is a signatory.
2. Where traffic accidents involve signs of
criminal activity, investigation and settlement of such accidents shall conform
to criminal and criminal proceeding laws. Where traffic accidents have not been
identified to involve criminal activity, investigation and settlement of
traffic accidents consist of:
a) Checking for content of alcohol, narcotic
substances, other stimulants prohibited by the law in vehicle operators
involved in traffic accidents;
b) Examining accident scene, vehicles, bodies, and
road structures directly related to traffic accidents; collecting information
and data; identifying human and property casualties caused by traffic
accidents;
c) Suspending vehicles, items, documents, license,
practicing license of vehicle operators and vehicles;
d) Recording testimony of vehicle operators,
accident victims, witnesses, and other related individuals in traffic
accidents;
dd) Inspecting physical markings on accident
victims; examining conditions of vehicles and vehicle operators; examining
passengers, carried goods, and relevant documents;
e) Searching for vehicles, vehicle operators
causing accidents;
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h) Conducting other activities as per the law.
3. Traffic accident conclusion must identify the
development, consequences, causes, faults, and conditions directly related to
the accidents; proposed handling of traffic accidents; proposed rectification
by agencies, organizations, and individuals where errors or faults are found
for the purpose of assuring road traffic order and safety.
4. The Minister of Public Security shall prescribe
procedures for investigating, settling traffic accidents of traffic police.
Article 84. Statistical recording of road
traffic accident
1. Statistical information on traffic accidents
must be recorded in an accurate, adequate, and timely manner; results of
statistical information on traffic accidents serve research and proposition of
solutions for preventing traffic accidents.
2. Traffic police authority shall take charge and
cooperate in recording statistical information on traffic accidents.
3. Medical examination and
treatment establishments shall provide statistical information on traffic
accident victims receiving medical examination and treatment at the
establishments to traffic police authority.
4. Investigating authority shall, while settling
traffic accidents, provide information, documents, and results of investigation
and settlement to competent traffic police authority for the purpose of
consolidating statistics on traffic accidents and developing database on
traffic accidents.
5. The Minister of Public Security shall elaborate
this Article.
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1. The Fund for traffic accident damage reduction
(hereinafter referred to as “Fund”) is a non-budget state fund in central
government-level for mobilizing social funding to reduce traffic accident
damage.
2. The Fund is established from the following
financial fundings:
a) Voluntary assistance, funding, and contributions
of domestic, foreign organizations and individuals;
b) Other funding sources as per the law.
3. The Fund shall cover:
a) Assistance for traffic victims and victims’
families; organizations, individuals providing assistance, emergency medical
care, and transport of traffic accident victims to emergency medical care;
b) Assistance for organizations, individuals
communicating traffic accident damage reduction without being funded by the
Government.
4. Operating principles of the Fund:
a) The Fund does not operate for profit;
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c) The Fund only covers activities under Clause 3
of this Article where state budget has not adequately covered these activities.
5. The Government shall elaborate Clause 2 and
Clause 3 of this Article; prescribe the establishment, management, and use of
the Fund for traffic accident damage reduction.
Chapter VIII
STATE MANAGEMENT REGARDING ROAD TRAFFIC ORDER AND
SAFETY
Article 86. Details of state management
regarding road traffic order and safety
1. Developing, promulgating, and implementing
policies, strategies, programs, plans, schemes, and projects pertaining to
traffic order and safety.
2. Promulgating and implementing legislative
documents on road traffic order and safety.
3. Promulgating, communicating, and educating road
traffic order and safety laws.
4. Managing road vehicles.
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6. Patrolling, controlling, taking actions against
violations of road traffic order and safety laws.
7. Commanding and controlling road traffic.
8. Investigating and settling traffic accidents.
9. Researching, applying science and technology in
road traffic order and safety assurance.
10. Developing forces in charge of road traffic
order and safety; providing training, refresher training, and advanced training
for road traffic order and safety assurance.
11. Recording statistics, consolidating, and developing
database on road traffic order and safety.
12. Examining, inspecting, settling complaints,
denunciation regarding road traffic order and safety.
13. Implementing international cooperation in road
traffic order and safety.
Article 87. Responsibility for state management
regarding road traffic order and safety
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2. The Ministry of Public Security shall act as
liaison to assist the Government in implementing state management regarding
road traffic order and safety; develop formal, elite, and modern traffic police
capable of fulfilling road traffic order and safety tasks.
3. The Ministry of Transport shall perform state
management of driver license training, examination, and issuance; technical
safety and environmental protection standards of motorized vehicles, heavy-duty
vehicles, motorized vehicle parts and other management duties under this Law;
promulgate national technical regulation on children safety seat under Clause 3
Article 10 hereof.
4. The Ministry of National Defense shall perform
state management regarding vehicles and operators under their management.
5. The Ministry of Health shall perform state
management regarding health requirements of drivers, heavy-duty vehicle
operators in road traffic; identification of alcohol contents and natural
alcohol content in blood.
6. The Ministry of Science and Technology shall
promulgate national technical regulations on helmets worn by motorbike, moped,
motorized bicycle users.
7. Ministries, ministerial agencies are, within
their tasks and powers, responsible for cooperating with Ministry of Public
Security in performing state management regarding road traffic order and
safety.
8. People’s Committees of all levels shall, within
their tasks and powers, perform state management regarding local traffic order
and safety.
Chapter IX
IMPLEMENTATION
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1. This Law comes into force from January 1 of
2025, except for cases under Clause 2 of this Article.
2. Clause 3 Article 10 hereof comes into force from
January 1 of 2026.
3. The Law on Road Traffic No. 23/2008/QH12 amended
by the Law No. 35/2018/QH14 and the Law No. 44/2019/QH14 expires from the
effective date hereof, except for Clauses 1, 2, 5, and 6 Article 89 hereof.
4. Resolution No. 73/2022/QH15 of the National
Assembly on pilot implementation of motor vehicle license plate auction expires
from the effective date hereof, except for cases under Clause 7 Article 89
hereof.
Article 89. Transition clauses
1. Driver license issued before the effective date
hereof shall remain valid until expiry specified on the license.
2. Driver license issued before the effective date
hereof that has not been replaced, re-issued in accordance with this Law:
a) A1 license holders are eligible to operate
two-wheeled motorbikes of an engine size of 50 cm3 to less than 175
cm3 or engine capacity from 4 kW to less than 14 kW;
b) A2 license holders are eligible
to operate two-wheeled motorbikes of an engine size of 175 cm3 or
higher or engine capacity of 14 kW or higher and vehicles of category A1 under
Point a of this Clause;
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d) A4 license holders are eligible
to operate tractors of maximum authorised mass of up to 1.000 kg;
dd) B1 license holders for
automatic transmission vehicles who do not work as drivers are eligible to
operate automatic transmission passenger motor vehicles with a seating capacity
of up to 8 people (excluding the driver’s seat); trucks, including specialized
automatic transmission trucks with maximum authorised mass of less than 3.500
kg;
e) B1 license holders who do not
work as drivers are eligible to operate passenger motor vehicles of a seating
capacity of up to 8 people (excluding the driver’s seat); trucks and tractors
with maximum authorised mass of less than 3.500 kg;
g) B2 license holders who work as
drivers are eligible to operate passenger motor vehicles of a seating capacity
of up to 8 people (excluding the driver’s seat); trucks and tractors with
maximum authorised mass of less than 3.500 kg;
h) C license holders are eligible
to operate trucks and tractors with maximum authorised mass of 3.500 kg or
higher and vehicles of category B1, B2 under Points dd, e, and g of this
Clause;
i) D license holders are eligible
to operate passenger motor vehicles of a seating capacity of 9 people
(excluding the driver’s seat) to 29 people (excluding the driver’s seat) and
vehicles of category B1, B2, and C under Points dd, e, g, and h of this Clause;
k) E license holders are eligible
to operate passenger motor vehicles of a seating capacity of more than 29
people (excluding the driver’s seat) and vehicles of category B1, B2, C, and D
under Points dd, e, g, h, and i of this Clause;
l) FB2, FD license holders are
eligible to operate vehicles of category B2, D under Points g and i of this
Clause for the purpose of towing trailers; FC license holders are eligible to
operate vehicles of category C under Point h of this Clause for the purpose of
towing trailers and hauling units towing semi-trailers; FE license holders are
eligible to operate vehicles of category E under point k of this Clause for the
purpose of towing trailers or operating articulated passenger motor vehicles.
3. Where holders of license issued before the
effective date hereof apply for replacement or re-issuance of driver license:
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b) A2 license holders may apply for replacement,
re-issuance of A license;
c) A3 license holders may apply for replacement,
re-issuance of B1 license;
d) A4 license holders may apply for certificate of
heavy-duty-vehicle operation where license holders operate tractors of maximum
authorised mass of 1.000 kg or certificate of road traffic law where license
holders operate heavy-duty vehicles;
dd) B1 license holders for automatic transmission
vehicles may apply for replacement, re-issuance of B license for operation of
automatic transmission motor vehicles;
e) B1, B2 license holders may apply for
replacement, re-issuance of B or C1 license and certificate of heavy-duty
vehicle operation for operation of tractors of maximum authorised mass of up to
3.500 kg;
g) C license holders retain or apply for
replacement, re-issuance of C license and certificate of heavy-duty vehicle
operation for operation of tractors of maximum authorised mass of more than
3.500 kg;
h) D license holders may apply for replacement,
re-issuance of D2 license and certificate of heavy-duty vehicle operation for
operation of tractors of maximum authorised mass of more than 3.500 kg;
i) E license holders may apply for replacement,
re-issuance of D license and certificate of heavy-duty vehicle operation for
operation of tractors of maximum authorised mass of more than 3.500 kg;
k) FB2 license holders may apply for replacement,
re-issuance of BE or C1E license and certificate of heavy-duty vehicle
operation for operation of tractors of maximum authorised mass of up to 3.500
kg;
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m) FD license holders may apply for replacement,
re-issuance of D2E license and certificate of heavy-duty vehicle operation for
operation of tractors of maximum authorised mass of more than 3.500 kg;
n) FE license holders may apply for replacement,
re-issuance of DE license and certificate of heavy-duty vehicle operation for
operation of tractors of maximum authorised mass of more than 3.500 kg.
4. Driving learners who have received driving
training before the effective date hereof or are receiving driving training on
the effective date hereof and have not participated in driving examination for
driver license issuance will be eligible for driving examination and driver
license in accordance with category of replaced or re-issued driver license
under Clause 3 of this Article.
5. Certificate of vehicle and license plate
registration for heavy-duty vehicles issued before the effective date hereof
remain valid.
6. Certificate of technical safety and
environmental protection issued before the effective date hereof remain valid
until the expiry date specified on the certificate.
7. In respect of auction of motor vehicle license
plate conducted before the effective date hereof, where documents verifying the
license plates won through auction are issued before the effective date hereof,
Resolution No. 73/2022/QH15 of the National Assembly on pilot implementation of
motor vehicle license plate auction will apply; where documents verifying the
license plates won through auction have not been issued as of the effective
date hereof, Resolution No. 73/2022/QH15 of the National Assembly on pilot
implementation of motor vehicle license plate auction and Point d Clause 1
Article 38 hereof will apply./.
This Law is approved by the 15th National
Assembly of the Socialist Republic of Vietnam in the 7th meeting on
June 27 of 2024.
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CHAIRPERSON OF
NATIONAL ASSEMBLY
Tran Thanh Man