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GOVERNMENT OF VIETNAM
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No. 168/2024/ND-CP
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Hanoi, December 26, 2024
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DECREE
PENALTIES FOR ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS
ON ROAD TRAFFIC ORDER AND SAFETY; DEDUCTION AND RESTORATION OF POINTS OF
DRIVING LICENSES
Pursuant to the Law on
Organization of the Government of Vietnam dated June 19, 2015; the Law on
Amendments to the Law on Organization of the Government of Vietnam and the Law
on Organization of the Local Government dated November 22, 2019;
Pursuant to the Law on
Handling of Administrative Violations dated June 20, 2012; Law on Amendments to
the Law on Handling of Administrative Violations dated November 15, 2020;
Pursuant to the Law on
Road Traffic Order and Safety dated June 27, 2024;
At the request of the
Minister of Public Security of Vietnam;
The Government of
Vietnam hereby promulgates the Decree on penalties of administrative violations
against regulations on road traffic order and safety; deduction and restoration
of points of driving licenses.
Chapter I
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Article 1. Scope
1. This Decree provides
for:
a) Penalties for
administrative violations against regulations on road traffic order and safety,
including administrative violations; penalties, fines, and remedial measures
for each administrative violation; authority to formulate records, authority to
impose penalties, and specific fines by each title for administrative
violations against regulation on road traffic order and safety;
b) Deduction levels of
driving license points for each administrative violation; procedures and
authority to deduct and restore points of driving licenses to manage drivers’
compliance with the law on road traffic order and safety.
2. Regarding
administrative violations concerning other fields under state management
relevant to road traffic order and safety not prescribed in this Decree, apply
other Decrees on penalties for administrative violations concerning such
fields.
Article 2. Regulated
entities
1. Vietnamese
organizations and individuals; foreign organizations and individuals committing
administrative violations against regulations on road traffic order and safety
in the territory of the Socialist Republic of Vietnam.
2. Organizations
prescribed in Clause 1 of this Article include:
a) State agencies
committing acts of administrative violations where such acts are not subject to
their assigned state management tasks;
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c) Socio-political
organizations, socio-vocational political organizations, social organizations,
and socio-vocational organizations;
d) Economic organizations
established under the Law on Enterprises, including private enterprises, joint
stock companies, limited liability companies, partnerships, and their
affiliates (branches and representative offices);
dd) Economic
organizations established under the Law on Cooperatives, including artels,
cooperatives, and cooperative unions;
e) Driver training
facilities, driving test centers, facilities for inspection of motor vehicles
and heavy-duty vehicles, and facilities for testing, manufacturing, assembling,
warrantying, and maintaining motor vehicles and heavy-duty vehicles;
g) Other organizations
established under the law;
h) Foreign agencies and
organizations permitted by Vietnamese competent authorities to operate in
Vietnam’s territory.
3. Household businesses
and households committing administrative violations prescribed in this Decree
shall face penalties applicable to violating individuals.
4. Persons competent to
formulate administrative violation records and impose penalties for
administrative violations and organizations and individuals relevant to the
imposition of penalties for administrative violations shall comply with this
Decree.
5. Persons competent to deduct and restore driving license
points.
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1. For each
administrative violation against regulations on road traffic order and safety,
violating organizations and individuals shall face one of the following penalty
forms:
a) Warnings;
b) Fines;
c) Confiscation of
vehicles used for administrative violations.
2. Depending on the
nature and severity of the violations, organizations or individuals committing
administrative violations against regulations on road traffic order and safety
shall also face one or more of the following additional penalty forms:
a) Suspension of
practicing licenses and certificates;
b) Suspension of
operations;
c) Confiscation of
exhibits of administrative violations and vehicles used for administrative
violations in case Point c Clause 1 of this Article is not the main penalty
form.
3. Measures to remedy the
consequences of administrative violations against regulations on road traffic
order and safety include:
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b) Enforced adoption of
measures to remedy environmental pollution caused by administrative violations;
d) Enforced return of
illegal profits generated by administrative violations;
dd) Enforced demolition
of objects obscuring road signs and traffic lights;
e) Enforced adequate installation
of devices or replacement of devices meeting technical safety standards and
regulations or restoration of technical features of equipment and devices as
per regulation or removal of additional devices installed contrary to
regulations;
g) Enforced issuance of
driver identification cards to drivers as per regulation;
h) Enforced organization
of training, professional guidelines, procedures, or periodic health checkups
for drivers and attendants on vehicles as per regulation;
i) Enforced installation
of tachographs, driver image recording devices, seat belts, seats for preschool
and primary school children, and specialized tools and devices for rescue and
support on vehicles as per regulation;
k) Enforced removal of
audio and lighting devices installed on vehicles that cause loss of road
traffic order and safety;
l) Enforced provision,
update, transmission, storage, and management of information and data from
tachographs and driver image recording devices on automobiles as per
regulation;
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n) Enforced restoration
of trademarks and paint colors specified in vehicle registration certificates
as per regulation;
Enforced compliance with
regulations on number plates, regulations on drawing or pasting letters and
numbers of number plates and information on vehicles’ sides and doors, and
regulations on paint colors and vehicle identification signs;
p) Enforced restoration
of the initial shapes, sizes, and technical safety conditions of vehicles and
re-inspection before having vehicles participate in traffic;
q) Enforced adjustments
to vehicles’ goods containers in compliance with current regulations,
re-inspection, and re-adjustments to the permissible transport volume of goods
specified in technical and environmental safety certificates according to
current regulations before having the vehicles participate in traffic;
r) Enforced
implementation of procedures for exchanging, revoking, and issuing vehicle
registration certificates, number plates, and technical and environmental
safety certificates as per regulation;
s) Enforced return of
practicing licenses and certificates that are edited and falsified;
t) Enforced relocation of
vehicles to special commercial economic zones and international border
checkpoint economic zones.
4. Procedures for
implementation of remedial measures of enforced return of practicing licenses
and certificates that are edited or falsified; revocation of practicing
licenses and certificates that are expired or issued by entities other than
competent authorities
a) Violating individuals
and organizations shall implement remedial measures of return of practicing
licenses or certificates that are edited or falsified, including driving licenses;
vehicle registration certificates; certified copies of vehicle registration
certificates enclosed with the original copies of receipts of credit
institutions or foreign bank branches in case such entities hold the original
copies of vehicle registration certificates; technical and environmental safety
certificates and stamps that are edited or falsified according to Article 85 of
the Law on Handling of Administrative Violations.
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b) Regarding practicing
licenses or certificates that are expired or issued by entities other than
competent authorities (driving licenses that are issued by entities other than
competent authorities or invalid; badges or transport permits that are expired
or issued by entities other than competent authorities; records, documents, and
papers that are edited or forged; vehicle registration certificates (or
certified copies of vehicle registration certificates enclosed with original
copies of receipts of credit institutions or foreign bank branches in case such
entities hold the original copies of vehicle registration certificates) that
are issued by entities other than competent authorities or inconsistent with
the chassis numbers or engine numbers; technical and environmental safety
certificates and stamps that are issued by entities other than competent
authorities), persons competent to implement confiscation shall revoke such
items as per regulation.
Where persons competent
to confiscate practicing licenses and certificates are not competent to revoke
such items, transfer the case to the issuing authorities for handling under the
law (excluding cases with criminal signs) and issue notices to violating
organizations and individuals for acknowledgment.
Article 4.
Prescriptive periods for imposing penalties for administrative violations;
ended or in-progress administrative violations
1. The prescriptive
period for imposing penalties for administrative violations against regulations
on road traffic order and safety is 1 year.
2. The time limit for
using the results collected by professional technical equipment and devices or
technical equipment and devices provided by organizations and individuals for
determining violating organizations and individuals shall be from the time when
such equipment and devices record the results until the last day of the
prescriptive period for imposing penalties for administrative violations
according to Clause 1 Article 6 of the Law on Handling of Administrative
Violations.
Where competent persons
do not issue decisions on penalty imposition after the mentioned time limit,
the results collected by professional technical equipment and devices or
technical equipment and devices provided by organizations and individuals shall
no longer be valid for use. Where organizations and individuals deliberately
avoid or obstruct the imposition of penalties, the time limit for using the
results collected by professional technical equipment and devices or technical
equipment and devices provided by organizations and individuals shall start
from the time when organizations and individuals end their acts of avoiding or
obstructing penalty imposition.
3. Regarding ended or
in-progress administrative violations
a) The determination of
ended or in-progress administrative violations for calculation of prescriptive
periods for imposition of penalties for administrative violations shall comply
with the law on handling of administrative violations;
b) Regarding
administrative violations detected by professional technical equipment and
devices or technical equipment and devices provided by organizations and
individuals, the end time of acts of administrative violations shall be from
when the mentioned equipment and devices record the acts of administrative
violations.
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1. Practicing licenses
and certificates that may be suspended according to this Decree include:
a) Badges issued to
automobiles engaging in the transport business;
b) Technical and
environmental safety certificates and stamps;
c) Licenses to provide
driving training;
d) Examination licenses;
dd) Certificates of
eligibility to engage in motor vehicle inspection;
e) Inspector
certificates;
g) National driving
licenses; international driving licenses issued by countries participating in
the 1968 Convention on Road Traffic of the United Nations (excluding
international driving licenses issued by Vietnam); international driving
licenses subject to Vietnam’s conclusion of international treaties on mutual
recognition of driving licenses.
2. Procedures for
suspending practicing licenses and certificates concerning road traffic order
and safety shall comply with the law on handling of administrative violations.
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3. The starting time of
the suspension period of a practicing license or certificate is as follows:
a) At the time of issuing
the decision to impose penalties for administrative violations, if the person
competent to impose the penalties has confiscated the practicing license or
certificate of the violating organization or individual, the suspension period
of the practicing license or certificate shall start from the effective date of
the decision on the imposition of penalties for administrative violations;
b) At the time of issuing
the decision to impose penalties for administrative violations, if the person
competent to impose penalties has yet to confiscate the practicing license or
certificate of the violating organization or individual, such person shall
continue to issue the decision to impose penalties for administrative
violations as per regulation for acts of violations. The decision on penalties
shall specify that the effective period of the additional forms of penalties of
suspension of the practicing license or certificate starts when the violating
person presents his/her practicing license or certificate to the competent
person for confiscation;
c) When confiscating and
returning the suspended practicing license or certificate according to Point b
of this Clause, the competent person shall formulate records and store the
administrative violation penalty records.
4. During suspension
periods of practicing licenses or certificates, if individuals or organizations
continue to carry out the operations specified in the practicing license or
certificate, they shall face penalties for acts of not having practicing
licenses or certificates.
5. Where organizations and individuals committing
administrative violations are subject to suspension of practicing licenses or
certificates, but the remaining use time of such licenses or certificates is
less than the suspension period, competent persons shall still issue decisions
to impose penalties of suspension of practicing licenses and certificates as
per regulation for such violations. During suspension periods of practicing
licenses or certificates, individuals or organizations shall not carry out
procedures for issuance, exchange, or re-issuance of practicing licenses or
certificates, excluding the case prescribed in Clause 6 of this Article.
6. In case of suspension
of driving licenses integrated with indefinite driving licenses (motorcycles or
vehicles similar to motorcycles) and definite driving licenses (automobiles,
vehicles similar to automobiles, four-wheeled motorized vehicles for passenger
transport, or four-wheeled motorized vehicles for goods transport), competent
persons shall apply the suspension of indefinite driving licenses of operators
of motorcycles or vehicles similar to motorcycles or definite driving licenses
of operators of automobiles, vehicles similar to automobiles, four-wheeled
motorized vehicles for passenger transport, or four-wheeled motorized vehicles
for goods transport when they commit administrative violations subject to
suspension of driving licenses as per regulation. During the suspension
periods, persons with integrated driving licenses may apply for driving license
issuance or exchange regarding driving licenses not subject to suspension.
7. Where practicing
licenses and certificates are issued in electronic form or displayed as data
messages, competent authorities shall confiscate and suspend the mentioned
licenses and certificates online if the conditions for infrastructures,
technical matters, and information are met. The confiscation and suspension of
use rights shall be updated on databases, electronic identification, electronic
identification accounts, and other electronic information applications as per
regulation.
Chapter II
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Section 1. VIOLATIONS
AGAINST ROAD TRAFFIC RULES
Article 6. Penalties
and deduction of points of driving licenses of operators of automobiles,
four-wheeled motorized vehicles for passenger transport, four-wheeled motorized
vehicles for goods transport, and vehicles similar to automobiles violating
road traffic rules
1. A fine ranging from 400.000 VND to 600.000 VND shall be
imposed on a vehicle operator committing any of the following violations:
a) Failing to comply with
orders and instructions of road signs and road markings, excluding violations
specified in Points a, c, d, and dd Clause 2; Points a, d, dd, e, n, and o
Clause 3; Points a, b, dd, e, i, k, and l Clause 4; Points a, b, c, d, dd, i,
and k Clause 5; Point a Clause 6; Clause 7; Points b and d Clause 9; Point a
Clause 10; Point dd Clause 11 of this Article;
b) Exiting or entering
stopping or parking positions without signaling other vehicle operators;
c) Failing to signal with
emergency lights or placing a “Chú ý xe đỗ” (Watch out for parking vehicles)
sign according to regulation in case of facing technical issues (or force
majeure) requiring parking that accounts for part of the road or at a place
where parking is not allowed, excluding the violations prescribed in Point c
Clause 7 of this Article;
d) Failing to place signs
in front of the towing vehicle and behind the towed vehicle; operating a
tractor attached to a trailer without the prescribed signs;
dd) Honking from 10 pm to
5 am in residential areas or areas of medical examination and treatment
facilities, excluding on-duty priority vehicles as per regulation.
2. A fine ranging from 600.000 VND to 800.000 VND shall be
imposed on a vehicle operator committing any of the following violations:
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b) Carrying people in the
cockpit more than the prescribed limit;
c) Failing to comply with
regulations on yielding at road intersections, excluding the violations
prescribed in Points n and o Clause 5 of this Article;
d) Stopping or parking on
the roadway outside urban areas where the sidewalk is spacious; stopping or
parking away from the right curb where the sidewalk is narrow or there is no
sidewalk; stopping or parking against the traffic direction; stopping or
parking on dividers between carriageways; parking on a slope without wheel
chocks;
dd) Failing to stop the
vehicle close to the sidewalk on the right or the right wheel is more than
0,25m away from the sidewalk; stopping on a bus lane; stopping right above a
manhole, cable duct opening, or at a fire hydrant; getting out of the driving
position and turning off the engine while stopping (excluding cases of getting
out the driving position to open or close the doors, load and unload goods, or
conduct vehicle technical inspection), or getting out of the driving position
without using the e-brake (or implementing other safety measures); stopping and
parking at inappropriate positions where stopping and parking space is
provided; stopping or parking at the crosswalk; stopping where a “Cấm dừng xe
và đỗ xe” (No stopping and parking) sign is placed, excluding the violations
prescribed in Point dd Clause 4 and Point c Clause 7 of this Article.
3. A fine ranging from 800.000 VND to 1.000.000 VND shall be
imposed on a vehicle operator committing any of the following violations:
a) Exceeding the speed
limit by 5 km/h to under 10 km/h;
b) Continuously honking
or revving up the engine; using air horns or high beams in urban areas when
facing pedestrians crossing the road, in residential areas with operating
lighting systems, when facing vehicles in the opposite direction (excluding
cases of anti-glare dividers), or while turning at intersections, excluding
on-duty priority vehicles as per regulation;
c) Turning without
observing, ensuring a safe distance from the vehicle behind, slowing down,
turning on turn signals, or ensuring the constant use of turn signals while
turning (except when driving on a curved section of a road that does not meet
other roads at grade);
d) Failing to comply with
regulations on stopping and parking at at-grade intersections of roads and
railways; stopping and parking within the protection perimeter of railway works
and safety perimeter of railways;
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e) Failing to park the
vehicle close to the sidewalk on the right or the right wheel is more than
0,25m away from the sidewalk; parking on a bus lane; parking right above a
manhole, cable duct opening, or at a fire hydrant; parking or leaving the
vehicle on the sidewalk contrary to the law; parking where there is a “Cấm đỗ
xe” (No parking) sign or “Cấm dừng xe và đỗ xe” (No stopping and parking) sign,
excluding the violations prescribed in Point dd Clause 4 and Point c Clause 7
of this Article;
g) Failing to turn on the
lights or using insufficient lighting from 6 pm to 6 am or during fog, smoke,
dust, rain, or bad weather that limits visibility;
h) Operating an
automobile to tow another vehicle or object (except for a trailer,
semi-trailer, or another automobile or heavy-duty vehicle that cannot run
itself); operating an automobile to push another vehicle or object; operating a
tractor with an attached trailer or semi-trailer towing additional trailers or
other vehicles or objects; failing to connect the towing and the towed vehicles
safely;
i) Carrying passengers on
the towed vehicles, excluding the operator;
k) Failing to put on the
seat belt when operating the vehicle on the road;
l) Carrying passengers
without having them put on seat belts (at positions where seat belts are
equipped) when the vehicle is operating;
m) Carrying children
below 10 years old and under 1,35 m in height in the same row as the driver
(excluding automobiles with only one row of seats) or failing to use
appropriate safety equipment for children as per regulation;
n) Failing to turn on the
low-beam lights while inside a road tunnel;
o) Driving below the
minimum speed on a road with a prescribed minimum speed limit;
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4. A fine ranging from 2.000.000 VND to 3.000.000 VND shall be
imposed on a vehicle operator committing any of the following violations:
a) Driving a vehicle
ineligible for free-flow electronic toll collection (ETC) (for vehicles not
equipped with e-tags) into lanes for free-flow ETC at toll booths;
b) Stopping or parking on
the left of a one-way road or the left (following the traffic direction) of a
dual carriageway; on a curved section of a road or near the top of a slope
where vision is obscured; on a bridge (unless otherwise permitted by traffic
organizations), under an overpass, or at a position parallel with another
parking or stopping vehicle, excluding the violations prescribed in Point c
Clause 7 of this Article;
c) Failing to adopt
safety measures according to regulations when the vehicle breaks down at an
at-grade intersection of roads and railways;
d) Failing to yield to
overtaking vehicles when safety conditions are met;
dd) Backing up or making
a u-turn in a road tunnel; stopping or parking in a road tunnel at an
inappropriate place; failing to turn on the emergency lights, failing to place
a "Chú ý xe đỗ" (Watch out for parking vehicles) sign (or failing to
place warning lights) behind the vehicle at a safe distance when stopping or
parking in a road tunnel when facing technical issues or force majeure
requiring stopping or parking;
e) Backing up on a
one-way road or a road with a “Cấm đi ngược chiều” (Wrong way) sign, at areas
prohibiting stopping, on a crosswalk, at a road intersection, at an at-grade
intersection of roads and railways, or where vision is obscured; backing up
without observing both sides and the rear side or without reverse signals,
excluding the violations prescribed in Point dd Clause 11 of this Article;
g) Operating a vehicle
directly related to a traffic accident without immediately stopping it, failing
to maintain the scene, or failing to assist the victim, excluding the
violations prescribed in Clause 8 of this Article;
h) The priority vehicle
installs or uses signal emission devices contrary to the law or uses priority
signal emission devices without a relevant license issued by the competent
authority or with a license issued by the competent authority but is expired as
per regulation;
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k) Making a u-turn where
there is a sign prohibiting u-turns for the operating vehicle; turning left
where there is a sign prohibiting left turns for the operating vehicle; turning
right where there is a sign prohibiting right turns for the operating vehicle;
l) Failing to maintain a
safe distance, which leads to a collision with the vehicle ahead or failing to
maintain a distance prescribed by the “Cự ly tối thiểu giữa hai xe” (Minimum
safe following distance) sign, excluding the violations prescribed in Point d
Clause 5 of this Article.
5. A fine ranging from 4.000.000 VND to 6.000.000 VND shall be
imposed on a vehicle operator committing any of the following violations:
a) Overtaking in cases
where overtaking is not permitted, overtaking on a road section with signs
prohibiting the operating vehicle from overtaking; failing to signal before
overtaking or failing to use signals during the process of overtaking; overtaking
from the right of other vehicles in prohibited cases;
b) Failing to keep the
vehicle going on the right according to the traffic direction; going in the
wrong road section or lane (along or against traffic direction), excluding the
violations prescribed in Point a Clause 4 of this Article; crossing the divider
between carriageways;
c) Avoiding oncoming
traffic contrary to regulations (excluding the violations prescribed in Point b
Clause 3 of this Article); failing to yield to oncoming traffic according to
regulations on narrow roads, steep roads, or where there are obstacles;
d) Failing to comply with
regulations when entering or exiting expressways; going in the breakdown lane
or on the shoulder of the expressway; failing to comply with regulations on
safe following distance on expressways;
dd) Exceeding the speed
limit by 10 km/h to 20 km/h;
e) The vehicle not
entitled to priority installs or uses signal emission devices of priority
vehicles;
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h) Holding and using
mobile phones or other electronic devices while operating the traffic vehicle
on roads;
i) Entering prohibited
areas, roads with signs prohibiting entry of the operating vehicle, excluding
the violations prescribed in Point d Clause 9 and Point dd Clause 11 of this
Article, prohibited acts of entering irrigation works, and cases of on-duty
priority vehicles according to regulations;
k) Stopping, parking, or
making a u-turn contrary to regulations, leading to traffic congestion;
l) Turning without yielding
to pedestrians, people with disabilities on wheelchairs at crosswalks;
rudimentary vehicles on lanes for rudimentary vehicles;
m) Turning without
yielding to oncoming traffic; pedestrians or rudimentary vehicles crossing a
road where there is no crosswalk;
n) Failing to slow down
(or stop) and yield when going from a non-priority road to a priority road or
from a side road to a main road;
o) Failing to slow down
and yield to oncoming traffic from the right at an intersection without a
roundabout sign; failing to slow down and yield to oncoming traffic from the
left at an intersection with a roundabout sign;
p) Carrying passengers in
the goods container contrary to regulations; carrying passengers on the roof of
the vehicle; allowing passengers to hang on the vehicle’s doors or sides when
the vehicle is running;
q) Opening the vehicle’s
doors carelessly or leaving the vehicle’s doors unsafely open.
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a) Exceeding the speed
limit by 20 km/h to 35 km/h;
b) Failing to yield to or
obstructing on-duty priority vehicles emitting priority signals;
c) Operating a vehicle
under the influence of alcohol but the blood alcohol concentration (BAC) does
not exceed 50 mg per 100 ml of blood or 0,25 mg per liter of breath;
d) Operating a vehicle on
the sidewalk, excluding cases of operating vehicles on the sidewalk to enter
houses or workplaces.
7. A fine ranging from 12.000.000 VND to 14.000.000 VND shall
be imposed on a vehicle operator committing any of the following violations:
a) Exceeding the speed
limit by more than 35 km/h;
b) Using a four-wheeled
passenger transport vehicle or four-wheeled goods transport vehicle to enter an
expressway;
c) Stopping or parking on
an expressway at a location contrary to regulations; failing to turn on
emergency lights when facing technical issues or force majeure requiring
stopping or parking on the breakdown lane of the expressway; failing to turn on
emergency lights or placing a “Chú ý xe đỗ” (Watch out for parking vehicles)
sign 150 m away behind the vehicle when stopping or parking when facing
technical issues or force majeure requiring stopping or parking on part of the
roadway on the expressway.
8. A fine ranging from 16.000.000 VND to 18.000.000 VND shall
be imposed on a vehicle operator causing a traffic accident that fails to stop
the vehicle, maintain the scene, assist the victim, and remain at the scene or
fail to immediately report to the nearest public security agency or People’s
Committee.
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a) Operating a vehicle
under the influence of alcohol with BAC of more than 50 mg per 100 ml of blood
to 80 mg per 100 ml of blood or more than 0,25 mg per liter of breath to 0,4 mg
per liter of breath;
b) Failing to comply with
traffic lights;
c) Failing to comply with
orders or instructions of traffic controllers;
d) Going against the
traffic direction of a one-way road or going against the traffic direction of a
road with a “Cấm đi ngược chiều” (Wrong way) sign, excluding the violations
prescribed in Point dd Clause 11 of this Article and cases of on-duty priority
vehicles as per regulation.
10. A fine ranging from 20.000.000 VND to 22.000.000 VND shall
be imposed on a vehicle operator committing any of the following violations:
a) Operating a vehicle
without observing, slowing down, or stopping to ensure safety as per regulation
leading to a traffic accident; exceeding the speed limit, leading to a traffic
accident; stopping, parking, making a u-turn, backing up, avoiding other
vehicles, overtaking other vehicles, turning, or changing lanes contrary to
regulations, leading to a traffic accident; failing to operate on the correct
road section or lane or failing to maintain a safe distance between 2 vehicles
as per regulation, leading to a traffic accident; entering a road prohibiting
entry of the operating vehicle, leading to a traffic accident, excluding the
violations prescribed in Point dd Clause 11 of this Article;
b) Violating one of the
following Points and Clauses of this Article, leading to a traffic accident:
Points a, b, c, d, and dd Clause 1; Point c Clause 2; Points b, g, h, n, o, and
p Clause 3; Points a, c, and d Clause 4; Points c, d, e, h, n, o, and q Clause
5; Point b Clause 7; Points b, c, and d Clause 9 of this Article.
11. A fine ranging from 30.000.000 VND to 40.000.000 VND shall
be imposed on a vehicle operator committing any of the following violations:
a) Operating a vehicle
under the influence of alcohol with BAC exceeding 80 mg per 100 ml of blood or
0,4 mg per liter of breath;
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c) Operating a vehicle
under the influence of narcotics or other stimulants prohibited by law;
d) Failing to comply with
requests for inspection of narcotics or other stimulants prohibited by law of
law enforcement officers;
dd) Going against the
traffic direction, backing up, or making a u-turn on an expressway, excluding
cases of on-duty priority vehicles as per regulation.
12. A fine ranging from 40.000.000 VND to 50.000.000 VND shall
be imposed on a vehicle operator who weaves or swerves on roads, overspeeds and
chases on roads, or uses legs to control the steering wheel when the vehicle is
operating on a road.
13. A fine ranging from 50.000.000 VND to 70.000.000 VND shall be
imposed on a vehicle operator who commits the violations prescribed in Clause
12 of this Article, leading to a traffic accident.
14. An operator’s vehicle shall be confiscated when such person
repeats acts of weaving or swerving on roads prescribed in Clause 12 of this
Article.
15. Aside from fines, a vehicle operator committing violations
shall face the following additional penalty forms:
a) Confiscation of
priority signal emission devices installed and used contrary to regulations in
case of committing the violations prescribed in Point e Clause 5 of this
Article;
b) Suspension of the
driving license from 10 to 12 months in case of committing the violations
prescribed in Clause 12 of this Article;
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16. Aside from the additional penalties mentioned above, any
vehicle operator committing violations shall face a deduction of driving
license points as follows:
a) Deduction of 2 driving
license points in case of committing the violations prescribed in Points h and
i Clause 3; Points a, b, c, d, dd, and g Clause 4; Points a, b, c, d, dd, e, g,
I, k, n, and o Clause 5 of this Article;
b) Deduction of 4 driving
license points in case of committing the violations prescribed in Point h
Clause 5; Clause 6; Point 6 Clause 7; Points b, c, and d Clause 9 of this
Article;
c) Deduction of 6 driving
license points in case of committing the violations prescribed in Point p
Clause 5; Points a and c Clause 7; Clause 8 of this Article;
d) Deduction of 10
driving license points in case of committing the violations prescribed in Point
a Clause 9, Clause 10, or Point dd Clause 11 of this Article.
Article 7. Penalties
and deduction of points of driving licenses of operators of motorcycles,
mopeds, and vehicles similar to motorcycles and mopeds violating road traffic
rules
1. A fine ranging from 200.000 VND to 400.000 VND shall be
imposed on a vehicle operator committing any of the following violations:
a) Failing to comply with
orders and instructions of road signs and road markings, excluding the
violations prescribed in Points b, d, and e Clause 2; Points a, c, d, and h
Clause 3; Points a, b, c, and d Clause 3; Points b and d Clause 6; Points a, b,
and c Clause 7; Point a Clause 8; Point b Clause 9; Point a Clause 10 of this
Article;
b) Failing to turn on
signals before overtaking or failing to continuously use signals during the
process of overtaking other vehicles;
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d) Allowing passengers to
use umbrellas;
dd) Failing to comply
with regulations on yielding at road intersections, excluding the violations
prescribed in Points c and d Clause 6 of this Article;
e) Changing lanes where
prohibited, without signals, or contrary to the regulation stipulating that
during each instance of lane change, it is only permissible to change to one
adjacent lane;
g) Failing to turn on the
lights from 6 pm to 6 am or during fog, smoke, dust, rain, or bad weather that
limits visibility;
h) Avoiding other
vehicles contrary to regulations; using high-beam lights when facing
pedestrians crossing the road, in residential areas with operating lighting
systems, when facing vehicles in the opposite direction (excluding cases of
anti-glare dividers), or when turning in at intersections; failing to yield to
oncoming traffic according to regulations at a narrow or steep road or where
there are obstacles;
i) Honking from 10 pm to
5 am in residential areas or areas of medical examination and treatment
facilities, excluding on-duty priority vehicles as per regulation;
k) Driving below the
minimum speed on a road with a prescribed minimum speed limit;
2. A fine ranging from 400.000 VND to 600.000 VND shall be
imposed on a vehicle operator committing any of the following violations:
a) Stopping or parking on
the roadway outside urban areas where there are sidewalks;
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c) Going at a slow speed
without going to the right side of the roadway, obstructing traffic flow;
d) Stopping or parking on
the roadway, obstructing traffic flow; engaging in a gathering of 3 or more
vehicles on the roadway or in a road tunnel; parking or leaving the vehicle on
the roadway or sidewalk illegally;
dd) The vehicle not
entitled to priority installs or uses signal emission devices of priority
vehicles;
e) Stopping or parking at
a passenger pick-up and drop-off point, at a road intersection, or on a
crosswalk; stopping where there is a “Cấm dừng xe và đỗ xe” (No stopping and
parking) sign; parking where there is a “Cấm đỗ xe” (No parking) sign or “Cấm
dừng xe và đỗ xe” (No stopping and parking) sign; failing to comply with
regulations on stopping and parking at at-grade intersections of roads and
railways; stopping or parking within the safety perimeter of railways;
g) Carrying 2 passengers,
excluding cases of carrying patients to emergency rooms, children under 12
years old, the elderly, or people with disabilities, or escorting people who
violate the law;
h) Failing to put on a
helmet (for operators of motorcycles and mopeds) (hereinafter referred to as
“helmet”) or failing to put on a helmet properly when operating a vehicle in
road traffic;
i) Carrying passengers
without helmets or with improperly worn helmets, excluding cases of carrying
patients to emergency rooms or children under 6 years old or escorting people
who violate the law;
k) Making a u-turn where
prohibited, excluding the violations prescribed in Point d Clause 4 of this
Article.
3. A fine ranging from 600.000 VND to 800.000 VND shall be
imposed on a vehicle operator committing any of the following violations:
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b) Carrying 3 or more
passengers;
c) Stopping or parking on
bridges;
d) Failing to keep the
vehicle going on the right according to the traffic direction; going in the wrong
road section or lane (along or against traffic direction); crossing the divider
between carriageways;
dd) Overtaking other
vehicles from the right in prohibited cases;
e) The operator or
passenger clings, pulls, or pushes another vehicle or object; leads an animal,
carries bulky objects; the passenger stands on the seat or goods bracket or
sits on the handlebar;
g) Towing another vehicle
or object;
h) Failing to turn on the
low-beam lights while inside a road tunnel;
i) Failing to maintain a
safe distance, which leads to a collision with the vehicle ahead or failing to
maintain a distance prescribed by the “Cự ly tối thiểu giữa hai xe” (Minimum
safe following distance) sign;
k) Going 3 abreast or
more;
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4. A fine ranging from 800.000 VND to 1.000.000 VND shall be
imposed on a vehicle operator committing any of the following violations:
a) Exceeding the speed
limit by 10 km/h to 20 km/h;
b) Stopping or parking in
a road tunnel at locations contrary to regulations;
c) Overtaking other
vehicles where prohibited, overtaking other vehicles at a road section with a
sign prohibiting overtaking for the operating vehicle, excluding the violations
prescribed in Point dd Clause 3 of this Article;
d) Making a u-turn in a
road tunnel;
dd) Using umbrellas or
audio devices (excluding hearing aids) or holding and using mobile phones or
other electronic devices while operating the vehicle.
5. A fine ranging from 1.000.000 VND to 2.000.000 VND shall be
imposed on a vehicle operator committing any of the following violations:
a) Operating a vehicle
directly related to a traffic accident without immediately stopping it, failing
to maintain the scene, or failing to assist the victim, excluding the
violations prescribed in Point c Clause 9 of this Article;
b) Turning without
yielding to pedestrians, people with disabilities on wheelchairs at crosswalks;
rudimentary vehicles on lanes for rudimentary vehicles;
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6. A fine ranging from 2.000.000 VND to 3.000.000 VND shall be
imposed on a vehicle operator committing any of the following violations:
a) Operating a vehicle
under the influence of alcohol but BAC does not exceed 50 mg per 100 ml of
blood or 0,25 mg per liter of breath;
b) Entering prohibited
areas, roads with signs prohibiting entry of the operating vehicle, excluding
the violations prescribed in Points a and b Clause 7 of this Article and cases
of on-duty priority vehicles according to regulations;
c) Failing to slow down
(or stop) and yield when going from a non-priority road to a priority road or
from a side road to a main road;
d) Failing to slow down
and yield to oncoming traffic from the right at an intersection without a
roundabout sign; failing to slow down and yield to oncoming traffic from the
left at an intersection with a roundabout sign;
7. A fine ranging from 4.000.000 VND to 6.000.000 VND shall be
imposed on a vehicle operator committing any of the following violations:
d) Going against the
traffic direction of a one-way road or going against the traffic direction of a
road with a “Cấm đi ngược chiều” (Wrong way) sign, excluding the violations
prescribed in Point b of this Clause and cases of on-duty priority vehicles as
per regulation; operating a vehicle on the sidewalk, excluding cases of
operating vehicles on the sidewalk to enter houses or workplaces;
b) Entering an expressway,
excluding vehicles serving the management and maintenance of expressways;
c) Failing to comply with
traffic lights;
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dd) Failing to yield to
or obstructing on-duty priority vehicles emitting priority signals;
8. A fine ranging from 6.000.000 VND to 8.000.000 VND shall be
imposed on a vehicle operator committing any of the following violations:
a) Exceeding the speed
limit by more than 20 km/h;
b) Operating a vehicle
under the influence of alcohol with BAC of more than 50 mg per 100 ml of blood
to 80 mg per 100 ml of blood or more than 0,25 mg per liter of breath to 0,4 mg
per liter of breath.
9. A fine ranging from 8.000.000 VND to 10.000.000 VND shall
be imposed on a vehicle operator committing any of the following violations:
a) Weaving or swerving on
roads; scraping the kickstand or other objects onto the road when the vehicle
is operating;
b) Exceeding the speed
limit in a group of 2 vehicles or more;
c) Causing a traffic
accident and failing to stop the vehicle, maintain the scene, assist the
victim, and remain at the scene or failing to immediately report to the nearest
public security agency or People’s Committee;
d) Operating a vehicle
under the influence of alcohol with BAC exceeding 80 mg per 100 ml of blood or
0,4 mg per liter of breath;
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e) Operating a vehicle
under the influence of narcotics or other stimulants prohibited by law;
g) Failing to comply with
requests for inspection of narcotics or other stimulants prohibited by law of
law enforcement officers;
h) Operating a vehicle
while sitting behind another person, excluding cases of carrying children under
6 years old sitting in the front;
i) Going in groups in a
manner that obstructs traffic, excluding cases permitted by competent
authorities;
k) Honking or revving the
engine continuously in residential areas or areas of medical examination and
treatment facilities, excluding on-duty priority vehicles according to
regulations.
10. A fine ranging from 10.000.000 VND to 14.000.000 VND shall
be imposed on a vehicle operator committing any of the following violations:
a) Operating a vehicle
without observing, slowing down, or stopping to ensure safety as per regulation
leading to a traffic accident; exceeding the speed limit, leading to a traffic
accident; entering expressways, stopping, parking, making a u-turn, backing up,
overtaking other vehicles, turning, or changing lanes contrary to regulations,
leading to a traffic accident; failing to operate on the correct road section
or lane or failing to maintain a safe distance between 2 vehicles as per
regulation, leading to a traffic accident; entering a road prohibiting entry of
the operating vehicle, going against the traffic direction of a one-way road, or
going against the traffic direction of a road with a “Cấm đi ngược chiều”
(Wrong way) sign, leading to a traffic accident;
b) Violating one of the
following Points and Clauses of this Article, leading to a traffic accident:
Points a, d, dd, g, h, i, and k Clause 1; Points c, dd, and g Clause 2; Points
b, e, g, h, and k Clause 3; Point dd Clause 4; Points c and d Clause 6; Points c,
d, and dd Clause 7; Points a, b, h, and k Clause 9 of this Article.
11. A vehicle shall be confiscated if the operator commits any
of the following violations:
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b) Going on one wheel (regarding
a two-wheeled vehicle) or two wheels (regarding a three-wheeled vehicle);
c) Repeating acts of
weaving or swerving on roads prescribed in Point a Clause 9 of this Article.
12. Aside from the main penalties, a vehicle operator
committing violations shall face the following additional penalty forms:
a) Confiscation of
priority signal emission devices installed and used contrary to regulations in
case of committing the violations prescribed in Point dd Clause 2 of this
Article;
b) Suspension of the driving
license from 10 to 12 months in case of committing the violations prescribed in
Points a, b, h, i, and k Clause 9 of this Article;
c) Suspension of the
driving license from 22 to 24 months in case of committing the violations
prescribed in Points d, dd, e, and g Clause 9; Clause 11 of this Article.
13. Aside from the additional penalties mentioned above, any
vehicle operator committing violations shall face a deduction of driving
license points as follows:
b) Deduction of 2 driving
license points in case of committing the violations prescribed in Point b
Clause 3; Clause 5; Points b, c, and d Clause 6; Point a Clause 7 of this
Article;
b) Deduction of 4 driving
license points in case of committing the violations prescribed in Point dd
Clause 4; Point a Clause 6; Points c, d, and dd Clause 7; Point a Clause 8 of
this Article;
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c) Deduction of 10 driving
license points in case of committing the violations prescribed in Point b
Clause 8 and Clause 10 of this Article.
Article 8. Penalties
for operators of heavy-duty vehicles violating road traffic rules
1. A fine ranging from 400.000 VND to 600.000 VND shall be
imposed on a vehicle operator committing any of the following violations:
a) Failing to comply with
orders and instructions of road signs and road markings, excluding the
violations prescribed in Points a, b, c, and dd Clause 2; Points a, d, and dd
Clause 3; Clause 4; Points a and c Clause 5; Points a, b, d, dd, e, and i
Clause 6; Points c and d Clause 7; Points a and b Clause 8; Point dd Clause 9
of this Article;
b) Failing to signal with
emergency lights or placing a “Chú ý xe đỗ” (Watch out for parking vehicles)
sign according to regulation in case of facing technical issues (or force
majeure) requiring parking that accounts for part of the road or at a place
where parking is not allowed, excluding the violations prescribed in Point b
Clause 6 of this Article;
2. A fine ranging from 600.000 VND to 800.000 VND shall be
imposed on a vehicle operator committing any of the following violations:
a) Stopping or parking on
the roadway outside urban areas where the sidewalk is spacious; stopping or
parking away from the right curb where the sidewalk is narrow or there is no
sidewalk; stopping or parking against the traffic direction; stopping or
parking on dividers between carriageways; ); stopping and parking at
inappropriate positions where stopping and parking space is provided; parking
on a slope without wheel chocks; stopping where a “Cấm dừng xe và đỗ xe” (No
stopping and parking) sign is placed; parking where there is a “Cấm đỗ xe” (No
parking) or “Cấm dừng xe và đỗ xe” (No stopping and parking) sign, excluding
the violations prescribed in Point b Clause 6 of this Article;
b) Stopping or parking on
the left of a one-way road or the left (following the traffic direction) of a
dual carriageway; on a curved section of a road or near the top of a slope
where vision is obscured; on a bridge (unless otherwise permitted by traffic
organizations), under an overpass (excluding positions where parking or
stopping is permitted), or at a position parallel with another parking or
stopping vehicle; at a road intersection or within 5 m from the edge of the
intersection; at a passenger pick-up and drop-off point; in front of or within
5 m beside a gate of an agency or organization that has a way for automobiles;
on a road whose width is only sufficient for one lane; at a position that
obscures road signs or traffic lights; on a divider; at a position that is less
than 20 m away from another automobile parked in the opposite direction on a
narrow street or less than 40 m regarding a road with only one lane per traffic
direction, excluding the violations prescribed in Point b Clause 6 of this
Article;
c) Stopping or parking on
the roadway contrary to regulations; stopping or parking on a bus lane, right
above a manhole, cable duct opening, at a fire hydrant, or on a crosswalk;
getting out of the driving position and turning off the engine while stopping
(excluding cases of getting out the driving position to open or close the
doors, load and unload goods, or conduct vehicle technical inspection), or
getting out of the driving position without using the e-brake (or implementing
other safety measures); opening the vehicle’s doors carelessly or leaving the
vehicle’s doors unsafely open;
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dd) Parking or leaving
the vehicle on the sidewalk illegally.
3. A fine ranging from 800.000 VND to 1.000.000 VND shall be
imposed on a vehicle operator committing any of the following violations:
a) Exceeding the speed
limit by 5 km/h to under 10 km/h;
b) Continuously honking
or revving up the engine; using air horns or high beams in urban areas when
facing pedestrians crossing the road, in residential areas with operating
lighting systems, when facing vehicles in the opposite direction (excluding
cases of anti-glare median barriers), or while turning at intersections,
excluding on-duty priority vehicles as per regulation;
c) Failing to turn on the
lights or using insufficient lighting from 6 pm to 6 am or during fog, smoke,
dust, rain, or bad weather that limits visibility;
d) Avoiding or overtaking
other vehicles contrary to regulations; failing to yield to oncoming traffic
according to regulations on narrow roads, steep roads, or where there are
obstacles;
dd) Driving below the
minimum speed on a road with a prescribed minimum speed limit;
4. A fine ranging from 1.000.000 VND to 2.000.000 VND shall be
imposed on a vehicle operator committing any of the following violations:
a) Exceeding the speed
limit by 10 km/h to 20 km/h;
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c) Failing to comply with
regulations on stopping and parking at at-grade intersections of roads and
railways; stopping and parking within the protection perimeter of railway works
and safety perimeter of railways;
d) Making a u-turn at an
at-grade intersection of roads and railways, on a narrow road, steep road, or a
curved section of a road where vision is obscured, where there is a sign
prohibiting u-turns for the operating vehicle; turning left where there is a
sign prohibiting left turns for the operating vehicle; turning right where
there is a sign prohibiting right turns for the operating vehicle;
dd) Making a u-turn at a
crosswalk, on a bridge, at the head of a bridge, under an overpass, or in a
tunnel unless there are orders from traffic controllers or instructions of
provisional signs or such areas have established places for u-turns;
e) Backing up on a one-way
road or a road with a “Cấm đi ngược chiều” (Wrong way) sign, at areas
prohibiting stopping, on a crosswalk, at a road intersection, at an at-grade
intersection of roads and railways, or where vision is obscured; backing up
without observing both sides and the rear side or without a reverse signal.
5. A fine ranging from 2.000.000 VND to 3.000.000 VND shall be
imposed on a vehicle operator committing any of the following violations:
a) Backing up or making a
u-turn in a road tunnel;
b) Failing to adopt
safety measures according to regulations when the vehicle breaks down at an
at-grade intersection of roads and railways;
c) Stopping or parking in
a road tunnel at an inappropriate place; failing to turn on the emergency
lights, failing to place a "Chú ý xe đỗ" (Watch out for parking
vehicles) sign (or failing to place warning lights) behind the vehicle at a
safe distance when stopping or parking in a road tunnel when facing technical
issues or force majeure requiring stopping or parking;
d) Operating a vehicle
directly related to a traffic accident without immediately stopping it, failing
to maintain the scene, or failing to assist the victim, excluding the
violations prescribed in Point c Clause 9 of this Article;
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e) Turning without
yielding to oncoming traffic; pedestrians or rudimentary vehicles crossing a
road where there is no crosswalk;
6. A fine ranging from 3.000.000 VND to 5.000.000 VND shall be
imposed on a vehicle operator committing any of the following violations:
a) Exceeding the speed
limit by more than 20 km/h;
b) Stopping or parking on
an expressway at a location contrary to regulations; failing to turn on
emergency lights when facing technical issues or force majeure requiring
stopping or parking on the breakdown lane of the expressway; failing to turn on
emergency lights or placing a “Chú ý xe đỗ” (Watch out for parking vehicles)
sign 150 m away behind the vehicle when stopping or parking when facing
technical issues or force majeure requiring stopping or parking on part of the
roadway on the expressway;
c) Operating a vehicle
under the influence of alcohol but the blood alcohol concentration (BAC) does
not exceed 50 mg per 100 ml of blood or 0,25 mg per liter of breath;
d) Entering prohibited
areas, roads with signs prohibiting entry of the operating vehicle, excluding
the violations prescribed in Point d Clause 7 and Point dd Clause 9 of this
Article and cases of on-duty priority vehicles according to regulations;
dd) Failing to keep the
vehicle going on the right according to the traffic direction; going in the
wrong road section or lane (along or against traffic direction); crossing the
divider between carriageways, excluding the violations prescribed in Point e
Clause 6, Point d Clause 7, and Point dd Clause 9 of this Article;
e) Failing to comply with
regulations when entering or exiting expressways; going in the emergency lane
or on the shoulder of the expressway; failing to comply with regulations on
safe following distance on expressways;
g) Failing to yield to or
obstructing on-duty priority vehicles emitting priority signals;
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i) Failing to slow down
(or stop) and yield when going from a non-priority road to a priority road or
from a side road to a main road.
7. A fine ranging from 6.000.000 VND to 8.000.000 VND shall be
imposed on a vehicle operator committing any of the following violations:
a) Operating a vehicle
under the influence of alcohol with BAC of more than 50 mg per 100 ml of blood
to 80 mg per 100 ml of blood or more than 0,25 mg per liter of breath to 0,4 mg
per liter of breath;
b) Failing to comply with
orders or instructions of traffic controllers;
c) Failing to comply with
traffic lights;
d) Going against the
traffic direction of a one-way road or going against the traffic direction of a
road with a “Cấm đi ngược chiều” (Wrong way) sign, excluding the violations
prescribed in Point dd Clause 9 of this Article and cases of on-duty priority
vehicles as per regulation.
8. A fine ranging from 14.000.000 VND to 16.000.000 VND shall
be imposed on a vehicle operator committing any of the following violations:
a) Operating a vehicle
without observing, slowing down, or stopping to ensure safety as per regulation
leading to a traffic accident; exceeding the speed limit, leading to a traffic
accident; stopping, parking, making a u-turn, backing up, avoiding other
vehicles, overtaking other vehicles, turning, or changing lanes contrary to
regulations, leading to a traffic accident; opening the vehicle’s doors
carelessly or leaving the vehicle’s doors unsafely open, leading to a traffic
accident; failing to operate on the correct road section or lane or failing to
maintain a safe distance between 2 vehicles as per regulation, leading to a
traffic accident; entering a road prohibiting entry of the operating vehicle,
going against the traffic direction of a one-way road, or going against the
traffic direction of a road with a “Cấm đi ngược chiều” (Wrong way) sign,
leading to a traffic accident, excluding the violations prescribed in Point b
Clause 8 and Point dd Clause 9 of this Article;
b) Operating a heavy-duty
vehicle with a designed speed less than the prescribed minimum speed for
expressways to enter an expressway, excluding the vehicles and equipment
serving the management and maintenance of expressways;
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d) Violating one of the
following Points and Clauses of this Article, leading to a traffic accident:
Points a and b Clause 1; Point d Clause 2; Points b, c, d, and dd Clause 3;
Point b Clause 4; Point b Clause 5; Points e, g, and i Clause 6; Points b and c
Clause 7 of this Article.
9. A fine ranging from 18.000.000 VND to 20.000.000 VND shall
be imposed on a vehicle operator committing any of the following violations:
a) Operating a vehicle
under the influence of alcohol with BAC exceeding 80 mg per 100 ml of blood or
0,4 mg per liter of breath;
b) Failing to comply with
requests for BAC inspection of law enforcement officers;
c) Operating a vehicle
under the influence of narcotics or other stimulants prohibited by law;
d) Failing to comply with
requests for inspection of narcotics or other stimulants prohibited by law of
law enforcement officers;
dd) Backing up on an
expressway; going against the traffic direction of an expressway; making a
u-turn on an expressway;
e) Violating Point b
Clause 8 of this Article, leading to a traffic accident.
Article 9. Penalties
for operators of bicycles, motorized bicycles, and other rudimentary vehicles
violating road traffic rules
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a) Failing to keep the
vehicle going on the right according to the traffic direction; going in the
wrong road section;
b) Stopping suddenly;
turning without signals;
c) Failing to comply with
orders or instructions of road signs and road markings, excluding the
violations prescribed in Point dd Clause 2 and Point c Clause 3 of this
Article;
d) Overtaking other
vehicles from the right in prohibited cases;
dd) Stopping or parking
on the roadway outside urban areas where there are sidewalks;
e) Failing to turn on the
lights in a road tunnel or failing to install glowing objects for signaling;
stopping or parking in a road tunnel at an inappropriate place; making a u-turn
in a road tunnel;
g) Going 3 abreast or
more (in case of operating a bicycle or motorized bicycle) or 2 abreast or more
(in case of operating any other rudimentary vehicle);
h) Using an umbrella or
holding and using mobile phones or other electronic devices while operating the
vehicle (regarding an operator of a bicycle or motorized bicycle); allowing the
passenger on the bicycle or motorized to use an umbrella;
i) Operating a
rudimentary vehicle from 6 pm to 6 am without turning on the lights or signals
at the front and the rear of the vehicle;
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l) Failing to comply with
regulations on stopping and parking at at-grade intersections of roads and
railways;
m) Using a vehicle to
push a mobile stall, obstructing traffic;
n) Failing to slow down
(or stop) and yield when going from a non-priority road to a priority road or
from a side road to a main road;
o) Carrying more than the
permissible number of passengers on a bicycle, a motorized bicycle, or a pedicab,
excluding cases of carrying patients to emergency rooms;
p) Operating a vehicle
under the influence of alcohol but BAC does not exceed 50 mg per 100 ml of
blood or 0,25 mg per liter of breath;
2. A fine ranging from 150.000 VND to 250.000 VND shall be
imposed on a vehicle operator committing any of the following violations:
a) Releasing both hands
while operating a bicycle or a motorized bicycle; making a sudden turn in front
of a running motor vehicle; using legs to operate the bicycle or motorized
bicycle;
b) Failing to comply with
orders or instructions of traffic controllers;
c) The operator or
passenger clings, pulls, or pushes another vehicle or object or carries bulky;
the operator operates the vehicle to tow another vehicle or object;
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dd) Failing to comply
with traffic lights.
3. A fine ranging from 300.000 VND to 400.000 VND shall be
imposed on a vehicle operator committing any of the following violations:
a) Weaving or swerving on
roads; chasing other vehicles on roads;
b) Going on one wheel
(regarding a bicycle or a motorized bicycle) or two wheels (regarding a
pedicab);
c) Entering prohibited
areas, roads with signs prohibiting entry of the operating vehicle; going
against the traffic direction of a one-way road or a road with a “Cấm đi ngược
chiều” (Wrong way) sign;
d) Operating a vehicle
under the influence of alcohol with BAC of more than 50 mg per 100 ml of blood
to 80 mg per 100 ml of blood or more than 0,25 mg per liter of breath to 0,4 mg
per liter of breath.
4. A fine ranging from 400.000 VND to 600.000 VND shall be
imposed on a vehicle operator committing any of the following violations:
a) Causing a traffic
accident and failing to stop the vehicle, maintain the scene, assist the
victim, and remain at the scene or failing to immediately report to the nearest
public security agency or People’s Committee;
b) Operating a vehicle
under the influence of alcohol with BAC exceeding 80 mg per 100 ml of blood or
0,4 mg per liter of breath;
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d) Failing to put on a
helmet or failing to put on a helmet properly when operating a vehicle in road
traffic;
dd) Carrying passengers
without helmets or with improperly worn helmets (regarding motorized bicycles),
excluding cases of carrying patients to emergency rooms or children under 6
years old or escorting people who violate the law;
5. A fine ranging from 800.000 VND to 1.200.000 VND shall be
imposed on an operator operating a vehicle to enter an expressway, excluding
vehicles serving the management and maintenance of expressways.
Article 10. Penalties
for pedestrians violating road traffic rules
1. A fine ranging from 150.000 VND to 250.000 VND shall be
imposed on a pedestrian committing any of the following violations:
a) Going in the wrong
road section; crossing dividers; crossing the road at inappropriate positions;
crossing the road without the prescribed hand signal;
b) Failing to comply with
orders or instructions of traffic lights, road signs, and road markings,
excluding the violations prescribed in Point a Clause 2 of this Article;
c) Failing to comply with
orders or instructions of traffic controllers.
2. A fine ranging from 400.000 VND to 600.000 VND shall be
imposed on a pedestrian committing any of the following violations:
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b) Carrying bulky objects
that obstruct traffic;
c) Clinging to running
traffic vehicles.
Article 11. Penalties
for people riding and leading animals and operators of animal-powered vehicles
violating road traffic rules
1. A fine ranging from 150.000 VND to 250.000 VND shall be
imposed in case of committing any of the following violations:
a) Failing to comply with
regulations on yielding or turning without using hand signals;
b) Failing to comply with
orders or instructions of traffic lights, road signs, and road markings,
excluding the violations prescribed in Clause 3 of this Article;
c) Failing to have
sufficient equipment for containing animals’ waste or failing to clean the
waste of their animals on roads or sidewalks;
d) Letting animals be on
roads without ensuring the safety of people and vehicles in traffic;
dd) Going 2 abreast or
more;
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g) Operating a vehicle
without the prescribed signals.
2. A fine ranging from 400.000 VND to 600.000 VND shall be
imposed in case of committing any of the following violations:
a) Failing to comply with
orders or instructions of traffic controllers;
b) Leading an animal
while operating or sitting on a road traffic vehicle;
c) Riding or leading an
animal on the wrong road section, a prohibited road, a prohibited area, or the
lane for motor vehicles.
3. A fine ranging from 1.000.000 VND to 2.000.000 VND shall be
imposed on a person riding and leading an animal or an operator of an
animal-powered vehicle entering an expressway.
Article 12. Penalties
and deduction of points of driving licenses for other violations of road
traffic rules and for using roadways and sidewalks for other purposes
1. A fine ranging from 100.000 VND to 200.000 VND shall be
imposed on a passenger on a bicycle or motorized bicycle using an umbrella.
2. A fine ranging from 200.000 VND to 250.000 VND shall be imposed
on an individual committing any of the following violations:
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b) Playing sports
illegally on roads; using roller skates, skateboards, and equivalents on
roadways;
c) Operating flying
objects, unmanned aerial vehicles, or super-light aerial vehicles within the
premises of roads in a manner that obstructs or endangers people and vehicles
in road traffic, excluding licensed unmanned aerial vehicles and super-light
aerial vehicles;
d) The passenger on a
motorcycle, moped, or a vehicle similar to motorcycles or mopeds uses an
umbrella;
dd) The passenger on a
bicycle or motorized bicycle clings, tows, or pushes another vehicle or object
or carries a bulky object;
e) Hawking on the roadway
or sidewalk where street vendors are prohibited, excluding the violations
prescribed in Clauses 7 and 9 of this Article;
g) Airing out rice,
straw, or other agricultural, forestry, and aquaculture products on roads;
placing a threshing machine on the roadway.
3. A fine ranging from 250.000 VND to 350.000 VND shall be
imposed on an individual; a fine ranging from 500.000 VND to 700.000 VND shall
be imposed on an organization that places an object in a manner that obscures
road signs or traffic lights.
4. A fine ranging from 350.000 VND to 400.000 VND shall be
imposed on a passenger in an automobile who fails to put on the seat belt (at
positions where seat belts are equipped) when the vehicle is operating.
5. A fine ranging from 400.000 VND to 600.000 VND shall be
imposed on a passenger on a motorcycle, moped, or a vehicle similar to
motorcycles and mopeds committing any of the following violations:
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b) Failing to put on a
helmet or failing to put on a helmet properly in road traffic.
6. A fine ranging from 500.000 VND to 1.000.000 VND shall be
imposed on an individual; a fine ranging from 1.000.000 VND to 2.000.000 VND
shall be imposed on an organization committing any of the following violations:
a) Deliberately failing
to assist a road traffic accident victim when capable;
b) Taking advantage of a
road traffic accident to assault, threaten, incite, pressure, cause a loss of
order, or obstruct the handling of the road traffic accident;
c) Obstructing people or
vehicles in road traffic; throwing bricks, dirt, rock, sand, or other objects
at people or vehicles in road traffic;
d) Appropriating a
divider of a dual carriageway as a place for goods display and sale, building
material placement, or parking purposes.
7. A fine ranging from 2.000.000 VND to 3.000.000 VND shall be
imposed on an individual; a fine ranging from 4.000.000 VND to 6.000.000 VND
shall be imposed on an organization that illegally uses roadways or sidewalks
for market meetings; food service business; goods display and sale; vehicle,
machinery, and equipment repair; vehicle cleaning; advertising sign placement.
8. A fine ranging from 2.000.000 VND to 4.000.000 VND shall be
imposed on an individual; a fine ranging from 4.000.000 VND to 8.000.000 VND
shall be imposed on an organization that deliberately alters or erases the
traces of a traffic accident scene, excluding the violations prescribed in
Point g Clause 4 and Clause 8 Article 6; Point b Clause 5 and Point c Clause 9
Article 7; Point d Clause 5 and Point c Clause 8 Article 8; Point a Clause 4
Article 9 of this Decree.
9. A fine ranging from 3.000.000 VND to 5.000.000 VND shall be
imposed on an individual; a fine ranging from 6.000.000 VND to 10.000.000 VND
shall be imposed on an organization that displays and sells machinery,
equipment, and supplies or manufactures and processes goods on roadways or
sidewalks;
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11.
A fine ranging from 6.000.000 VND to
8.000.000 VND shall be imposed on an individual committing any of the following
violations:
a) Placing or leaving
obstacles illegally on roads; dumping slippery substances on roads; dumping,
discharging, or spilling chemicals or waste, causing a loss of road traffic
safety;
b) Infringing on the
life, health, and property of the victim, the person who causes the road
traffic accident, or the person who helps, treats, or brings the victim to the
emergency room;
c) Destroying, damaging,
or deactivating devices controlling and supervising road traffic or smart
devices supporting road traffic command and control.
12.
A fine ranging from 10.000.000 VND to
15.000.000 VND shall be imposed on an individual; a fine ranging from
20.000.000 VND to 30.000.000 VND shall be imposed on an organization that
temporarily uses roadways or sidewalks for other purposes without any license
(if it is mandatory according to regulations) or with an expired license or
failing to comply with the license.
13.
A fine ranging from 30.000.000 VND to
32.000.000 VND shall be imposed on an individual; a fine ranging from
60.000.000 VND to 64.000.000 VND shall be imposed on an organization that fails
to provide declarations or deliberately provides false declarations,
information, or documents to avoid responsibilities upon detection of
violations of the law on road traffic order and safety.
14.
A fine ranging from 35.000.000 VND to
37.000.000 VND shall be imposed on an individual committing any of the
following violations:
a) Insulting,
threatening, obstructing, or opposing law enforcement officers regarding road
traffic order and safety assurance;
b) Scattering sharp
objects on roads.
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16.
Aside from penalties, any individual or
organization committing violations shall face the following remedial measures:
a) Enforced demolition of
objects obscuring road signs and traffic lights in case of committing the
violations prescribed in Clause 3 of this Article;
b) Enforced restoration
of the initial state altered by administrative violations in case of committing
the violations prescribed in Clause 12 of this Article.
17.
Aside from penalties, any individual
committing the violations prescribed in Points a and b Clause 11 of this
Article (if the individual is a vehicle operator) shall face a deduction of 2
driving license points.
Section 2. VIOLATIONS
OF REGULATIONS ON ROAD TRAFFIC VEHICLES
Article 13. Penalties
and deduction of points of driving licenses of operators of automobiles
(including towed trailers or semi-trailers), four-wheeled motorized vehicles
for passenger transport, four-wheeled motorized vehicles for goods transport,
and vehicles similar to automobiles violating regulations on conditions of
vehicles in traffic
1. A fine ranging from 200.000 VND to 400.000 VND shall be
imposed for the act of operating a vehicle without a windshield or an intact
and functional one (for vehicles with windshields).
2. A fine ranging from 400.000 VND to 600.000 VND shall be
imposed in case of committing any of the following violations:
a) Operating a vehicle
without adequate and functional headlights, plate lights, brake lights, turn
signals, windshield wipers, mirrors, seat belts, emergency equipment, fire
safety equipment, pressure meter, and speedometer (for vehicles required to
have them), excluding the violations prescribed in Point h Clause 3 Article 20
and Point d Clause 4 Article 26 of this Decree;
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c) Operating a vehicle
without a sound or smoke suppression device, a functional one, or one that
meets environmental requirements for emissions and noise.
3. A fine ranging from 1.000.000 VND to 2.000.000 VND shall be
imposed in case of committing any of the following violations:
a) Operating a vehicle
with additional lights at the front, rear, roof, bottom, or one or both sides
of the vehicle;
b) Operating a vehicle
with a steering system that fails to meet technical safety standards;
c) Operating a vehicle
without sufficient wheels or tires or with incorrect wheels or tires in terms
of sizes or failing to ensure technical standards (including trailers and
semi-trailers);
d) Operating a passenger
transport business automobile with a number of seats or beds or a goods bay
size different from the technical specifications prescribed in the vehicle's
technical and environmental safety certificate.
4. A fine ranging from 2.000.000 VND to 3.000.000 VND shall be
imposed in case of committing any of the following violations:
a) Operating a vehicle
without a vehicle registration certificate (or a certified copy of the vehicle
registration certificate enclosed with an original copy of the receipt of a
credit institution or foreign bank branch in case such entity holds the
original copy of the vehicle registration certificate) or using an expired
vehicle registration certificate (or a certified copy of the vehicle
registration certificate enclosed with an original copy of the receipt of a credit
institution or foreign bank branch in case such entity holds the original copy
of the vehicle registration certificate) (including trailers and
semi-trailers);
b) Operating a truck
(including trailers and semi-trailers) with a trunk size different from the
technical specifications prescribed in the vehicle’s technical and
environmental safety certificate;
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5. A fine ranging from 3.000.000 VND to 4.000.000 VND shall be
imposed in case of committing any of the following violations:
a) Operating a vehicle
with a technical and environmental safety certificate or stamp that has expired
for less than 1 month (including trailers and semi-trailers);
b) Operating a vehicle
without a decent or functional and conformable brake system (including trailers
and semi-trailers);
c) Operating a vehicle
used for transport business with a service life that fails to ensure the
conditions of the registered business;
d) Operating a vehicle
with a horn exceeding the decibel limit according to regulations.
6. A fine ranging from 4.000.000 VND to 6.000.000 VND shall be
imposed in case of committing any of the following violations:
a) Using a vehicle
registration certificate (or a certified copy of the vehicle registration
certificate enclosed with an original copy of the receipt of a credit
institution or foreign bank branch in case such entity holds the original copy
of the vehicle registration certificate) or a technical and environmental
safety certificate or stamp that is not issued by a competent authority or is
erased; using a vehicle registration certificate (or a certified copy of the
vehicle registration certificate enclosed with an original copy of the receipt
of a credit institution or foreign bank branch in case such entity holds the
original copy of the vehicle registration certificate) different from the
chassis number and engine number of the vehicle (including trailers and
semi-trailers);
b) Operating a vehicle
without a technical and environmental safety certificate or stamp (if required,
excluding temporarily registered vehicles) or with such a certificate or stamp
that has expired for 1 month or more (including trailers and semi-trailers).
7. A fine ranging from 10.000.000 VND to 12.000.000 VND shall
be imposed in case of committing any of the following violations:
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b) Operating a vehicle
(including trailers and semi-trailers) without a number plate (if required).
8. A fine ranging from 20.000.000 VND to 26.000.000 VND shall
be imposed in case of committing any of the following violations:
a) Operating a vehicle
with a number plate different from the one prescribed in the vehicle
registration certificate or not issued by a competent authority (including
trailers and semi-trailers);
b) Operating a vehicle
without a sufficient number of number plates; installing number plates in wrong
positions or improperly according to regulations; installing number plates with
unclear letters or numbers; using other materials to paint or paste on the
letters and numbers of number plates; installing number plates that are bent or
obscured; changing the numbers, letters, or colors (of the letters, numbers,
and backgrounds of number plates) or shapes and sizes of number plates
(including trailers and semi-trailers).
9. A vehicle shall be confiscated if the operator commits any
of the following violations:
a) Operating a vehicle
with an expired service life in traffic, excluding the violations prescribed in
Point c Clause 5 of this Article;
b) Operating a vehicle in
traffic that is manufactured or assembled contrary to regulations (including
farm vehicles subject to suspension from traffic participation and towed
trailers and semi-trailers).
10.
Aside from fines, a vehicle operator
committing violations shall face the following additional penalty forms:
a) Confiscation of the
number plate in case of committing the violations prescribed in Point a Clause
8 of this Article;
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11.
Aside from penalties, any vehicle operator
committing violations shall face the following remedial measures:
a) Enforced adequate
installation or replacement of devices meeting technical safety regulations and
standards or restoration of technical features of devices according to
regulations; enforced compliance with regulations on number plates and
restoration of the initial state altered by administrative violations in case
of committing the violations prescribed in Clause 1; Clause 2; Points b and c
Clause 3; Point b Clause 4; Points b and d Clause 5; Point b Clause 8 of this
Article;
e) Enforced adequate
installation of devices or restoration of technical features of devices as per
regulation or removal of additional devices installed contrary to regulations
in case of committing the violations prescribed in Points a and d Clause 3 of
this Article;
b) Enforced restoration
of the initial state altered by administrative violations in case of committing
the violations prescribed in Point c Clause 4 of this Article;
d) Enforced return of the
vehicle registration certificate (or a certified copy of the vehicle
registration certificate enclosed with an original copy of the receipt of a
credit institution or foreign bank branch in case such entity holds the
original copy of the vehicle registration certificate), the technical and
environmental safety certificate or stamp, or the vehicle registration
certificate that is erased in case of committing the violations prescribed in
Point a Clause 6 of this Article.
12.
Aside from penalties, any vehicle operator
committing the violations prescribed in Point a Clause 6 of this Article shall
be subject to the revocation of the vehicle registration certificate (or a
certified copy of the vehicle registration certificate enclosed with an
original copy of the receipt of a credit institution or foreign bank branch in
case such entity holds the original copy of the vehicle registration
certificate) that is not issued by a competent authority or different from the
chassis number and engine number of the vehicle or the technical and
environmental safety certificate or stamp that is not issued by a competent
authority.
13.
Aside from the additional penalties
mentioned above, any vehicle operator committing violations shall face a
deduction of driving license points as follows:
a) Deduction of 2 driving
license points in case of committing the violations prescribed in Points a and
b Clause 3; Clause 4; Clause 5; Clause 6; Point a Clause 7 of this Article;
b) Deduction of 6 driving
license points in case of committing the violations prescribed in Point b
Clause 7 and Point b Clause 8 of this Article;
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Article 14. Penalties
and deduction of points of driving licenses of operators of motorcycles,
mopeds, and vehicles similar to motorcycles and mopeds violating regulations on
conditions of vehicles in traffic
1. A fine ranging from 400.000 VND to 600.000 VND shall be
imposed in case of committing any of the following violations:
a) Operating a vehicle
without a horn; plate lights; brake lights; a left mirror or a functional one;
b) Operating a vehicle
without turn signals or functional ones;
c) Operating a vehicle
without a headlight with low and high beams or a functional and conformable
one;
d) Operating a vehicle
without a brake system or a functional and conformable one;
dd) Operating a vehicle
with additional lights at the rear of the vehicle.
2. A fine ranging from 2.000.000 VND to 3.000.000 VND shall be
imposed in case of committing any of the following violations:
a) Operating a vehicle
without a vehicle registration certificate (or a certified copy of the vehicle
registration certificate enclosed with an original copy of the receipt of a
credit institution or foreign bank branch in case such entity holds the
original copy of the vehicle registration certificate) or using an expired
vehicle registration certificate (or a certified copy of the vehicle
registration certificate enclosed with an original copy of the receipt of a
credit institution or foreign bank branch in case such entity holds the
original copy of the vehicle registration certificate);
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c) Operating a
temporarily registered vehicle beyond the permissible scope, route, or time
limit;
d) Operating a vehicle
without a sound or smoke suppression device, a functional one, or one that
meets environmental requirements for emissions and noise.
dd) Using an
inappropriate horn for the vehicle type.
3. A fine ranging from 4.000.000 VND to 6.000.000 VND shall be
imposed in case of committing any of the following violations:
a) Operating a vehicle
without a number plate (if required) or with a number plate different from the
one prescribed in the vehicle registration certificate or not issued by a
competent authority;
b) Operating a vehicle
with a number plate that is installed in the wrong position or improperly
according to regulations; installing a number plate with unclear letters or
numbers; using other materials to paint or paste on the letters and numbers of
the number plate; installing a number plate that is bent or obscured; changing
the numbers, letters, or colors (of the letters, numbers, and backgrounds of
the number plate) or the shape and size of the number plate.
4. A vehicle shall be confiscated in case of committing the
act of operating a vehicle type in traffic that is manufactured or assembled
contrary to regulations.
5. Aside from fines, a vehicle operator committing violations
shall face the following additional penalty forms:
a) Confiscation of the
number plate in case of committing the violations prescribed in Point a Clause
3 of this Article;
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6. Aside from penalties, any vehicle operator committing
violations shall face the following remedial measures:
a) Enforced replacement
of devices meeting technical safety standards or restoration of technical
features of devices as per regulation in case of committing the violations
prescribed in Point dd Clause 2 of this Article;
b) Enforced return of the
vehicle registration certificate (or a certified copy of the vehicle
registration certificate enclosed with an original copy of the receipt of a
credit institution or foreign bank branch in case such entity holds the
original copy of the vehicle registration certificate) that is erased in case
of committing the violations prescribed in Point b Clause 2 of this Article.
7. Aside from penalties, any vehicle operator committing the
violations prescribed in Point b Clause 2 of this Article shall be subject to
the revocation of the vehicle registration certificate (or a certified copy of
the vehicle registration certificate enclosed with an original copy of the
receipt of a credit institution or foreign bank branch in case such entity
holds the original copy of the vehicle registration certificate) that is not
issued by a competent authority or different from the chassis number and engine
number of the vehicle.
8. Aside from the additional penalties mentioned above, any
vehicle operator committing violations shall face a deduction of driving
license points as follows:
a) Deduction of 2 driving
license points in case of committing the violations prescribed in Points a, b,
and c Clause 2 of this Article;
b) Deduction of 6 driving
license points in case of committing the violations prescribed in Clause 3 of
this Article.
Article 15. Penalties
for operators of rudimentary vehicles violating regulations on conditions of
vehicles in traffic
1. A fine ranging from 100.000 VND to 200.000 VND shall be
imposed for the act of operating a vehicle without a warning audio emission
device (horn), front lights or reflective panels, or rear signal lights or
reflective panels (if required).
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Article 16. Penalties
for operators of heavy-duty vehicles (including towed trailers and
semi-trailers) violating regulations on conditions of vehicles in traffic
1. A fine ranging from 800.000 VND to 1.000.000 VND shall be
imposed in case of committing any of the following violations:
a) Operating a vehicle
without a number plate (if required);
b) Operating a vehicle
without a brake system or a brake system that fails to ensure technical
standards; operating a vehicle with a steering system that fails to ensure
technical standards;
c) Operating a vehicle
with specialized parts that are installed at incorrect positions or incapable
of ensuring safety during
d) Operating a vehicle
with insufficient lights or without a sound or smoke suppression device, a
functional one, or one that meets environmental requirements for emissions and
noise.
d) Operating a vehicle
with a technical and environmental safety certificate or stamp that has expired
for less than 1 month (including trailers);
e) Operating a vehicle
without a sufficient number of number plates; installing number plates in wrong
positions or improperly according to regulations; installing number plates with
unclear letters or numbers; using other materials to paint or paste on the
letters and numbers of number plates; installing number plates that are bent or
obscured; changing the numbers, letters, or colors (of the letters, numbers,
and backgrounds of number plates) or shapes and sizes of number plates.
2. A fine ranging from 1.000.000 VND to 2.000.000 VND shall be
imposed in case of committing any of the following violations:
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b) Operating a vehicle
without a technical and environmental safety certificate or stamp (if required,
excluding temporarily registered vehicles) or with such a certificate or stamp
that has expired for 1 month or more (including trailers);
c) Operating a vehicle
without a vehicle registration certificate (or a certified copy of the vehicle
registration certificate enclosed with an original copy of the receipt of a
credit institution or foreign bank branch in case such entity holds the
original copy of the vehicle registration certificate) or using an expired
vehicle registration certificate (or a certified copy of the vehicle
registration certificate enclosed with an original copy of the receipt of a
credit institution or foreign bank branch in case such entity holds the
original copy of the vehicle registration certificate) (including trailers);
d) Operating a vehicle
with a number plate different from the one prescribed in the vehicle
registration certificate or not issued by a competent authority (including
trailers);
dd) Using a vehicle
registration certificate (or a certified copy of the vehicle registration
certificate enclosed with an original copy of the receipt of a credit
institution or foreign bank branch in case such entity holds the original copy
of the vehicle registration certificate) or a technical and environmental
safety certificate or stamp that is not issued by a competent authority or is
erased; using a vehicle registration certificate (or a certified copy of the
vehicle registration certificate enclosed with an original copy of the receipt
of a credit institution or foreign bank branch in case such entity holds the
original copy of the vehicle registration certificate) different from the
chassis number and engine number of the vehicle (including trailers).
3. A vehicle shall be confiscated in case of committing the
act of operating a heavy-duty vehicle in traffic that is manufactured,
assembled, or renovated contrary to regulations.
4. Aside from fines, a vehicle operator committing violations
shall face the following additional penalty forms:
a) Confiscation of the
number plate in case of committing the violations prescribed in Point d Clause
2 of this Article;
b) Confiscation of the
vehicle in case of committing the violations prescribed in Points c and dd
Clause 2 of this Article while not having a vehicle registration certificate
(or a certified copy of the vehicle registration certificate enclosed with an
original copy of the receipt of a credit institution or foreign bank branch in
case such entity holds the original copy of the vehicle registration
certificate) or using a vehicle registration certificate (or a certified copy
of the vehicle registration certificate enclosed with an original copy of the
receipt of a credit institution or foreign bank branch in case such entity
holds the original copy of the vehicle registration certificate) that is not issued
by a competent authority, different from the chassis number or engine number,
or erased (including trailers) without being able to prove the origin of the
vehicle (not having any document or certificate concerning the origin of the
vehicle or legal ownership).
5. Aside from penalties, any vehicle operator committing
violations shall face the following remedial measures:
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b) Enforced return of the
vehicle registration certificate (or a certified copy of the vehicle
registration certificate enclosed with an original copy of the receipt of a
credit institution or foreign bank branch in case such entity holds the
original copy of the vehicle registration certificate) or the technical and
environmental safety certificate or stamp that is erased in case of committing
the violations prescribed in Point dd Clause 2 of this Article.
6. Aside from penalties, any vehicle operator committing the
violations prescribed in Point dd Clause 2 of this Article shall be subject to
the revocation of the vehicle registration certificate (or a certified copy of
the vehicle registration certificate enclosed with an original copy of the
receipt of a credit institution or foreign bank branch in case such entity
holds the original copy of the vehicle registration certificate) that is not
issued by a competent authority or different from the chassis number and engine
number of the vehicle or the technical and environmental safety certificate or
stamp that is not issued by a competent authority.
Article 17. Penalties
and deduction of points of driving licenses of operators of automobiles,
tractors, and vehicles similar to automobiles in traffic violating regulations
on environmental protection
1. A fine ranging from 500.000 VND to 1.000.000 VND shall be
imposed for operating a vehicle that fails to meet hygienic requirements in
urban areas.
2. A fine ranging from 2.000.000 VND to 4.000.000 VND shall be
imposed in case of committing any of the following violations:
a) Carrying dirt, rock,
waste, or break bulk goods without a cover or an effective one, leading to
spilling; spilling goods on roads; spilling liquid from goods or waste during
transport, threatening traffic safety;
b) Dragging mud, dirt,
sand, materials, or other wastes on roads, threatening traffic safety.
3. A fine ranging from 4.000.000 VND to 6.000.000 VND shall be
imposed on a vehicle operator illegally dumping garbage, dirt, sand, rock,
waste, or materials within the land area for roads outside urban areas.
4. A fine ranging from 10.000.000 VND to 15.000.000 VND shall
be imposed on a vehicle operator illegally dumping garbage, dirt, sand, rock,
waste, or materials on roads.
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Section 3. VIOLATIONS
OF REGULATIONS ON OPERATORS OF VEHICLES IN ROAD TRAFFIC
Article 18. Penalties
and deduction of points of driving licenses for violations against regulations
on conditions of motor vehicle operators
1. A person from 14 to under 16 years old who operates a
motorcycle, moped, or a vehicle similar to motorcycles and mopeds or an
automobile, four-wheeled motorized vehicle for passenger transport,
four-wheeled motorized vehicles for goods transport, or a vehicle similar to
automobiles shall receive a warning.
2. A fine ranging from 200.000 VND to 300.000 VND shall be
imposed in case of committing any of the following violations:
a) Any person operating a
motorcycle, moped, or a vehicle similar to motorcycles and mopeds engaging in
the transport business without carrying an unexpired certificate of compulsory
civil liability insurance for motor vehicles;
b) Any person operating a
motorcycle, moped, or a vehicle similar to motorcycles and mopeds carrying an
unexpired certificate of compulsory civil liability insurance for motor
vehicles;
c) Any person operating a
motorcycle, moped, or a vehicle similar to motorcycles and mopeds without
carrying a vehicle registration certificate (or a certified copy of the vehicle
registration certificate enclosed with an original copy of the receipt of a
credit institution or foreign bank branch in case such entity holds the
original copy of the vehicle registration certificate);
d) Any person operating a
motorcycle or a vehicle similar to motorcycles engaging in the transport
business without carrying a driving license, excluding the violations
prescribed in Point b Clause 5 and Point c Clause 7 of this Article.
3. A fine ranging from 300.000 VND to 400.000 VND shall be
imposed in case of committing any of the following violations:
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b) Any person operating
an automobile, a four-wheeled motorized vehicle for passenger transport, a
four-wheeled motorized vehicle for goods transport, a trailer, a semi-trailer,
or a vehicle similar to automobiles engaging in the transport business without
carrying a vehicle registration certificate (or a certified copy of the vehicle
registration certificate enclosed with an original copy of the receipt of a
credit institution or foreign bank branch in case such entity holds the
original copy of the vehicle registration certificate);
c) Any person operating
an automobile, a four-wheeled motorized vehicle for passenger transport, a
four-wheeled motorized vehicle for goods transport, a trailer, a semi-trailer,
or a vehicle similar to automobiles engaging in the transport business without
carrying a technical and environmental safety certificate (if required).
4. A fine ranging from 400.000 VND to 600.000 VND shall be
imposed in case of committing any of the following violations:
a) Any person from 16 to
under 18 years old operating a motorcycle with an engine displacement of 50 cm3
or more or an electric motor power of 4 kW or more;
b) Any person operating
an automobile, a four-wheeled motorized vehicle for passenger transport, a
four-wheeled motorized vehicle for goods transport, or a vehicle similar to
automobiles engaging in the transport business without carrying an unexpired
certificate of compulsory civil liability insurance;
c) Any person operating
an automobile, a four-wheeled motorized vehicle for passenger transport, a
four-wheeled motorized vehicle for goods transport, or a vehicle similar to
automobiles without carrying an unexpired certificate of compulsory civil
liability insurance.
5. A fine ranging from 2.000.000 VND to 4.000.000 VND shall be
imposed on a person operating a motorcycle with an engine displacement of up to
125 cm3 or an electric motor power of up to 11 kW or a vehicle
similar to motorcycles committing any of the following violations:
a) Not having a driving
license or using a driving license with all points deducted, a driving license
that is not issued by a competent authority, a driving license that is erased,
an expired driving license, or a driving license that is inappropriate for the
operating vehicle;
b) Having an
international driving license issued by any of the countries participating in
the 1968 Convention on Road Traffic of the United Nations (excluding
international driving licenses issued by Vietnam) but not carrying a national
driving license appropriate for the permissible vehicles;
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6. A fine ranging from 4.000.000 VND to 6.000.000 VND shall be
imposed on a person from 16 to under 18 years old operating an automobile, a
four-wheeled motorized vehicle for passenger transport, a four-wheeled
motorized vehicle for goods transport, or a vehicle similar to automobiles.
7. A fine ranging from 6.000.000 VND to 8.000.000 VND shall be
imposed on a person operating a two-wheeled motorcycle with an engine
displacement of more than 125 cm3 or an electric motor power of more than 11 kW
or a three-wheeled motorcycle committing any of the following violations:
a) Having a driving
license inappropriate for the operating vehicle;
b) Not having a driving
license or using a driving license with all points deducted, a driving license
that is not issued by a competent authority, a driving license that is erased,
or an expired driving license;
c) Having an
international driving license issued by any of the countries participating in
the 1968 Convention on Road Traffic of the United Nations (excluding
international driving licenses issued by Vietnam) but not carrying a national
driving license appropriate for the permissible vehicles;
d) Using an invalid
driving license (the driving license template number at the back does not match
the latest issued template number in the driving license management system).
8. A fine ranging from 8.000.000 VND to 10.000.000 VND shall
be imposed on a person operating an automobile, a vehicle similar to
automobiles, a four-wheeled motorized vehicle for passenger transport, or a
four-wheeled motorized vehicle for goods transport committing any of the
following violations:
a) Having a driving
license that has expired for less than 1 year;
b) Having an
international driving license issued by any of the countries participating in
the 1968 Convention on Road Traffic of the United Nations (excluding
international driving licenses issued by Vietnam) but not carrying a national
driving license appropriate for the permissible vehicles;
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9. A fine ranging from 18.000.000 VND to 20.000.000 VND shall
be imposed on a person operating an automobile, a vehicle similar to
automobiles, a four-wheeled motorized vehicle for passenger transport, or a
four-wheeled motorized vehicle for goods transport committing any of the
following violations:
a) Having a driving
license inappropriate for the operating vehicle or having a driving license
that has expired for 1 year or more;
b) Not having a driving license
or using a driving license with all points deducted, a driving license that is
not issued by a competent authority, a driving license that is erased, or an
expired driving license.
10.
Aside from penalties, any vehicle operator
committing the violations prescribed in Point a Clause 5, Point b Clause 7, and
Point b Clause 9 of this Article shall adopt the remedial measure of enforced
return of the erased driving license.
11.
Aside from penalties, any vehicle operator
committing the violations prescribed in Points a and c Clause 5; Points b and d
Clause 7; Point c Clause 8; Point b Clause 9 of this Article shall be subject
to the revocation of the driving license that is not issued by a competent
authority or is invalid.
12.
Aside from penalties, any vehicle operator
committing the violations prescribed in Point c Clause 5, Point d Clause 7, and
Point c Clause 8 of this Article shall face a deduction of 2 points from the
latest issued driving license in the driving license management system.
Article 19. Penalties
for violations against regulations on conditions of heavy-duty vehicle
operators
1. A fine ranging from 400.000 VND to 600.000 VND shall be
imposed on any person operating a heavy-duty vehicle without a certificate of
compulsory civil liability insurance as per the law.
2. A fine ranging from 4.000.000 VND to 6.000.000 VND shall be
imposed on any person operating a heavy-duty vehicle without a license (or
certificate) to operate heavy-duty vehicles, a driving license (or using a
driving license with all points deducted, a driving license that is not issued
by a competent authority, a driving license that is erased, or an expired
driving license), or a certificate of advanced training in the knowledge of the
law on road traffic.
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Article 20. Penalties
and deduction of points of driving licenses of operators of civil and
commercial passenger transport automobiles and vehicles similar to commercial
passenger transport automobiles violating regulations on assurance of road
traffic order and safety
1. A fine ranging from 100.000 VND to 200.000 VND shall be
imposed for failing to instruct passengers to stand, lie, or sit at prescribed
positions in the vehicle.
2. A fine ranging from 400.000 VND to 600.000 VND (up to
75.000.000 VND) shall be imposed on an operator of a civil or commercial
passenger transport automobile (excluding buses) for each passenger carried
beyond the prescribed limit of the vehicle, excluding the violations prescribed
in Clause 4 of this Article.
3. A fine ranging from 600.000 VND to 800.000 VND shall be
imposed in case of committing any of the following violations:
a) Leaving the door open
while the vehicle is running;
b) Allowing passengers to
stay in the vehicle while the vehicle is entering or being on a ferry and
entering the ferry terminal (excluding the driver, children, pregnant women,
the elderly, patients, and people with disabilities);
c) Failing to follow the
transport routes, schedules, and itineraries permissible for operations as per
regulation;
d) Allowing passengers to
lie on hammocks in the vehicle while it is running;
dd) Stacking and securing
luggage and goods unsafely; dropping luggage or goods from the vehicle to the
roads; leaving goods in the passenger cabin;
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g) Operating a commercial
passenger transport vehicle without attendants (if required);
h) Operating a transport
business automobile without seat belts at seats and beds as per regulation
(excluding intra-provincial buses);
i) Operating a transport
business automobile without providing passengers with instructions on traffic
safety and emergency exit upon incidents as per regulation;
k) Operating a vehicle
without a fixed schedule or with a fixed schedule contrary to the one licensed
by a competent authority.
4. A fine ranging from 1.000.000 VND to 2.000.000 VND (up to
75.000.000 VND) shall be imposed on an operator of a commercial passenger
transport automobile (engaging in the passenger transport business by fixed
routes or contracts) operating on a route with a distance greater than 300 km
for each passenger carried beyond the prescribed limit of the vehicle.
5. A fine ranging from 1.000.000 VND to 2.000.000 VND shall be
imposed in case of committing any of the following violations:
a) Allowing passengers to
get on or off the vehicle while it is running;
b) Loading luggage and
goods in a manner that makes the vehicle unbalanced;
c) Picking up or dropping
off passengers at improper places on routes where such places are determined or
stopping to pick up or drop off passengers longer than permitted, excluding the
violations prescribed in Clause 8 of this Article;
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dd) Operating a
contract-based commercial passenger transport vehicle using a written contract
without a list of passengers as per regulation; carrying passengers not on the
list or passengers inconsistent with regulations (regarding contract-based
commercial passenger transport vehicles carrying preschool children, students,
officials, public employees, and employees); failing to have or carry the
transport contract or one in compliance with regulations;
e) Transporting
passengers along a fixed route without a transport order or one with sufficient
information and certified by the departure station and the destination station
as per regulation;
g) Picking up or dropping
off passengers at places not specified in the contract, excluding the
violations prescribed in Clause 8 of this Article;
h) Operating a
fixed-route international passenger transport vehicle without a transport order
and/or a list of passengers as per regulation or carrying passengers not on the
list, excluding the violations prescribed in Point b Clause 1 Article 37 of
this Decree;
i) Carrying luggage or
goods beyond the gross vehicle weight rating (GVWR) of the vehicle;
k) Failing to use a
driver identification card to input information as per regulation or using a
driver identification card of another driver to input information while
operating a commercial passenger transport automobile;
l) Operating a civil
passenger transport automobile of 8 seats or more (excluding the driver seat)
to engage in the passenger transport business without installing a driver image
recording device or a functional one during participation in traffic as per
regulation or falsifying the data of the driver image recording device on the
vehicle;
m) Operating a
contract-based commercial passenger transport vehicle using an electric
contract without a device to access the electric contract and the list of
passengers or having such a device but refusing to provide it for competent
forces upon requests; carrying passengers not on the list or passengers
inconsistent with regulations (regarding contract-based commercial passenger
vehicles carrying preschool children, students, officials, public employees,
and employees).
6. A fine ranging from 3.000.000 VND to 5.000.000 VND shall be
imposed in case of committing any of the following violations:
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b) Carrying passengers on
the hood or the goods bay of the vehicle;
c) Threatening,
insulting, manipulating, or fighting over passengers; threatening or forcing
passengers to use services against their will; transferring or forcing
passengers to get off the vehicle or committing other acts to avoid detection
of overloading the vehicle with goods or passengers as prescribed by the law;
d) Operating a transport
business automobile beyond the prescribed time limit according to Clause 1
Article 64 of the Law on Road Traffic Order and Safety; failing to comply with
regulations on rest hours between two driving sessions of the driver;
dd) Operating a
commercial passenger transport vehicle without installing a tachograph or a
function one according to regulations or falsifying the data of the tachograph
of the vehicle;
e) Operating an
international passenger transport vehicle without a national symbol.
7. A fine ranging from 5.000.000 VND to 7.000.000 VND shall be
imposed for the act of operating a commercial passenger transport vehicle
without a prescribed badge or an unexpired one or using a badge not issued by a
competent authority.
8. A fine ranging from 10.000.000 VND to 12.000.000 VND shall
be imposed on a vehicle operator picking up or dropping off passengers on an
expressway.
9. Aside from penalties, any vehicle operator committing the
violations prescribed in Clause 7 of this Article shall be subject to the
revocation of the expired badge or the badge not issued by a competent
authority.
10.
Aside from the additional penalties
mentioned above, any vehicle operator committing violations shall face a
deduction of driving license points as follows:
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b) Deduction of 4 driving
license points in case of committing the violations prescribed in Clauses 2 and
4 (excluding cases of exceeding 50% to 100% of the permissible number of
passengers on the vehicle) of this Article;
c) Deduction of 6 driving
license points in case of committing the violations prescribed in Clause 8 of
this Article.
d) Deduction of 10
driving license points in case of committing the violations prescribed in
Clauses 2 and 4 (excluding cases of exceeding 100% of the permissible number of
passengers on the vehicle) of this Article;
Article 21. Penalties
and deduction of points of driving licenses of operators of trucks, tractors
(including towed trailers or semi-trailers), and vehicles similar to goods
transport automobiles violating regulations on assurance of road traffic order
and safety for goods transport automobiles
1. A fine ranging from 600.000 VND to 800.000 VND shall be
imposed in case of committing any of the following violations:
a) Operating a vehicle
with goods loaded on top of the cockpit or loading goods in a manner that
causes the vehicle to be unbalanced;
b) Failing to lock or
secure the back or side doors of the vehicle’s trunk when it is running.
2. A fine ranging from 800.000 VND to 1.000.000 VND shall be
imposed in case of committing any of the following violations:
a) Operating a vehicle
(including trailers and semi-trailers) carrying goods beyond the maximum
permissible payload specified in the certificate of technical and environmental
safety by more than 10% to 30% (excluding tanker trucks carrying liquid) or
more than 20% to 30% (for tanker trucks carrying liquid);
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c) Carrying passengers on
the vehicle’s hood;
d) Operating a vehicle
towing a trailer or semi-trailer whose total weight (including the weight of
the trailer or semi-trailer and the carried goods) exceeds the permissible
towing weight specified in the certificate of technical and environmental
safety of the vehicle by more than 10% to 30%;
dd) Operating a goods transport
business vehicle without a paper transport permit according to regulations or a
device to access software specifying the content of the transport permit
according to regulations, or having such a device but refusing to provide it
for competent forces upon requests.
3. A fine ranging from 1.000.000 VND to 2.000.000 VND shall be
imposed in case of committing any of the following violations:
a) Failing to use a
driver identification card to input information as per regulation or using a
driver identification card of another driver to input information while
operating a goods transport business vehicle;
b) Operating a tractor
without installing a driver image recording device or a functional one while
being in traffic as per regulation or falsifying the data of the driver image
recording device on the vehicle.
4. A fine ranging from 2.000.000 VND to 3.000.000 VND shall be
imposed on a vehicle operator carrying goods exceeding the permissible height
for trucks (including trailers and semi-trailers).
5. A fine ranging from 3.000.000 VND to 5.000.000 VND shall be
imposed in case of committing any of the following violations:
a) Operating a vehicle
(including trailers and semi-trailers) carrying goods beyond the maximum
permissible payload specified in the certificate of technical and environmental
safety by more than 30% to 50%;
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c) Operating a goods
transport business automobile without installing a tachograph or a functional
one while being in traffic or falsifying the data of the tachograph on the
vehicle;
d) Operating a vehicle
towing a trailer or semi-trailer whose total weight (including the weight of
the trailer or semi-trailer and the carried goods) exceeds the permissible
towing weight specified in the certificate of technical and environmental safety
of the vehicle by more than 30% to 50%.
6. A fine ranging from 5.000.000 VND to 7.000.000 VND shall be
imposed in case of committing any of the following violations:
a) Operating a vehicle
(including trailers and semi-trailers) carrying goods beyond the maximum
permissible payload specified in the certificate of technical and environmental
safety by more than 50% to 100%;
b) Operating a vehicle
towing a trailer or semi-trailer whose total weight (including the weight of
the trailer or semi-trailer and the carried goods) exceeds the permissible
towing weight specified in the certificate of technical and environmental
safety of the vehicle by more than 50% to 100%;
c) Operating a vehicle
without a prescribed badge (if required) or an unexpired one or using a badge
not issued by a competent authority;
d) Operating a goods
transport vehicle in urban areas without following the prescribed routes,
scope, and time;
dd) Carrying goods or
providing services without a license (if required) or having a license but
failing to comply with regulations prescribed in it, excluding the violations
prescribed in Point b Clause 1, Points a, c, and d Clause 3 Article 22; Clause
5 Article 23; Clause 1 and Point b Clause 3 Article 34 of this Decree.
7. A fine ranging from 7.000.000 VND to 8.000.000 VND shall be
imposed for any of the following violations:
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b) Operating a vehicle
towing a trailer or semi-trailer whose total weight (including the weight of
the trailer or semi-trailer and the carried goods) exceeds the permissible
towing weight specified in the certificate of technical and environmental
safety of the vehicle by more than 100% to 150%.
8. A fine ranging from 8.000.000 VND to 12.000.000 VND shall
be imposed for any of the following violations:
a) Operating a vehicle
(including trailers and semi-trailers) carrying goods beyond the maximum
permissible payload specified in the certificate of technical and environmental
safety by more than 150%;
b) Operating a vehicle
towing a trailer or semi-trailer whose total weight (including the weight of
the trailer or semi-trailer and the carried goods) exceeds the permissible
towing weight specified in the certificate of technical and environmental
safety of the vehicle by more than 150%;
c) Carrying containers on
the vehicle (including semi-trailers) without ensuring the technical
regulations and standards of containers as per regulation;
d) Carrying containers on
the vehicle (including semi-trailers) with their roofs cut out contrary to
regulations;
dd) Transporting goods
without securing or properly securing them to ensure safety as per regulation,
excluding the violations prescribed in Clause 10 of this Article.
9. A fine ranging from 10.000.000 VND to 12.000.000 VND shall
be imposed on a vehicle operator loading or unloading goods on an expressway.
10.
A fine ranging from 18.000.000 VND to
22.000.000 VND shall be imposed in case of committing any of the following
violations:
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b) Carrying containers on
the vehicle (including semi-trailers) without using a locking mechanism to lock
the container to the vehicle; using a locking mechanism, but the container
still moves during transport.
11.
A fine ranging from 30.000.000 VND to
35.000.000 VND shall be imposed for acts of committing the violations
prescribed in Clause 1, Point dd Clause 8, and Clause 10 of this Article,
leading to a traffic accident.
12.
Aside from penalties, any vehicle operator
committing the violations prescribed in Point c Clause 6 of this Article shall
be subject to the revocation of the expired badge or the badge not issued by a
competent authority.
13.
Aside from the additional penalties
mentioned above, any vehicle operator committing violations shall face a
deduction of driving license points as follows:
a) Deduction of 2 driving
license points in case of committing the violations prescribed in Points b, c,
and dd Clause 2; Point a Clause 3; Clause 4; Clause 5; Points c, d, and dd
Clause 6 of this Article (while operating an automobile);
b) Deduction of 4 driving
license points in case of committing the violations prescribed in Points a and
b Clause 6; Points c, d, and dd Clause 8; Clause 10 of this Article;
c) Deduction of 6 driving
license points in case of committing the violations prescribed in Clause 9 of
this Article.
d) Deduction of 8 driving
license points in case of committing the violations prescribed in Clause 7 of
this Article.
dd) Deduction of 10
driving license points in case of committing the violations prescribed in
Points a and b Clause 8; Clause 11 of this Article.
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1. A fine ranging from 2.000.000 VND to 3.000.000 VND shall be
imposed in case of committing any of the following violations:
a) Carrying oversized or
overweight goods without a sign indicating the size of the goods as per
regulation;
b) Failing to comply with
the transport permit, excluding the violations prescribed in Clause 2; Points
b, c, and d Clause 3 of this Article.
2. A fine ranging from 8.000.000 VND to 10.000.000 VND shall
be imposed for carrying oversized or overweight goods with an unexpired
transport permit; however, the external dimension of the vehicle (after loading
the goods) exceeds the limit specified in the transport permit.
3. A fine ranging from 13.000.000 VND to 15.000.000 VND shall
be imposed in case of committing any of the following violations:
a) Carrying oversized or
overweight goods without a transport permit or an unexpired one or using a
transport permit not issued by a competent authority;
b) Carrying oversized or
overweight goods with an unexpired transport permit but the gross vehicle
weight (GVW) (after loading the goods) exceeds the limit specified in the
transport permit;
c) Carrying oversized or
overweight goods with an unexpired transport permit but failing to follow the
routes specified in the transport permit;
d) Carrying oversized or
overweight goods with an unexpired transport permit but failing to carry the
goods prescribed in the transport permit.
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5. Aside from penalties, any individual committing the
violations prescribed in Point a Clause 3 of this Article shall be subject to
the revocation of the expired transport permit or the transport permit not
issued by a competent authority.
6. Aside from the additional penalties mentioned above, any
vehicle operator committing violations shall face a deduction of driving
license points as follows:
a) Deduction of 2 driving
license points in case of committing the violations prescribed in Clause 1 of
this Article;
b) Deduction of 4 driving
license points in case of committing the violations prescribed in Clauses 2 and
3 of this Article.
Article 23. Penalties
and deduction of points of driving licenses of operators of automobiles
violating regulations on transport of dangerous goods
1. A fine ranging from 1.000.000 VND to 2.000.000 VND shall be
imposed for transporting dangerous goods without cleaning them or failing to
remove the danger logo on the vehicle when discontinuing the transport of such
goods.
2. A fine ranging from 2.000.000 VND to 3.000.000 VND shall be
imposed for transporting dangerous goods without carrying a document on the
transport of dangerous goods provided by the transport service buyer under
regulations and/or a certificate of completion of the program on safety
training concerning dangerous goods conformable with the dangerous goods that
are being transported (if any).
3. A fine ranging from 4.000.000 VND to 6.000.000 VND shall be
imposed for transporting dangerous goods on an automobile without any mark or
logo indicating dangerous goods or without warning lights or signals as per
regulation.
4. A fine ranging from 6.000.000 VND to 8.000.000 VND shall be
imposed for transporting dangerous goods that are explosives, gases, gasoline,
oils, and other flammable and explosive substances and solid desensitized
explosives through tunnels longer than 100 m.
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6. Aside from penalties, any individual committing the
violations prescribed in Clauses 4 and 5 of this Article, leading to
environmental pollution, shall adopt measures to remedy environmental pollution
caused by administrative violations.
7. Aside from the additional penalties mentioned above, any
vehicle operator committing violations shall face a deduction of driving
license points as follows:
b) Deduction of 2 driving
license points in case of committing the violations prescribed in Clauses 3 and
4 of this Article.
b) Deduction of 4 driving
license points in case of committing the violations prescribed in Clause 5 of
this Article.
Article 24. Penalties
and deduction of points of driving licenses of operators of automobiles
violating regulations on transport of live animals and fresh food
1. A fine ranging from 1.000.000 VND to 2.000.000 VND shall be
imposed for transporting live animals and/or fresh food without adequate
documents as per regulations (if required).
2. A fine ranging from 3.000.000 VND to 5.000.000 VND shall be
imposed for transporting fresh food without complying with regulations on food
safety, epidemiological hygiene, epidemic prevention, and environmental hygiene
assurance as per regulation.
3. Aside from penalties, any vehicle operator committing the
violations prescribed in Clause 2 of this Article shall face a deduction of 2
driving license points.
Article 25. Penalties
and deduction of points of driving licenses of operators of garbage trucks and
waste transport automobiles committing violations against regulations on
transport in urban areas
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2. Aside from penalties, any vehicle operator committing the
violations prescribed in Clause 1 of this Article shall face a deduction of 2
driving license points.
Article 26. Penalties
for violations against regulations on road traffic order and safety in road
transport and road transport support services
1. A fine ranging from 500.000 VND to 1.000.000 VND shall be
imposed on an individual; a fine ranging from 1.000.000 VND to 2.000.000 VND
shall be imposed on an organization committing any of the following violations:
a) Loading goods on each
automobile (including trailers and semi-trailers) exceeding the maximum
permissible payload specified in the certificate of technical and environmental
safety by more than 10% to 50% (excluding tanker trucks carrying liquid) or
more than 20% to 50% (for tanker trucks carrying liquid);
b) Loading goods on an
automobile without confirming the loading in the transport permit by signatures
as per regulation.
2. A fine ranging from 1.000.000 VND to 2.000.000 VND shall be
imposed on an individual; a fine ranging from 2.000.000 VND to 4.000.000 VND
shall be imposed on an organization engaging in the transport business or
providing transport support services committing any of the following
violations:
a) Failing to number the
seats and/or beds on a commercial passenger transport automobile as per
regulation;
b) Using a fixed-route
passenger transport business automobile or a passenger transport business bus
without priority seats for people with disabilities, the elderly, and pregnant
women as per regulation;
c) Using a passenger
transport business automobile without providing passengers with instructions on
traffic safety and emergency exit upon incidents as per regulation;
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dd) Failing to issue a
transport order or permit to the driver or one in compliance with regulations
(if required);
e) Using a vehicle to
transport dangerous goods without cleaning such goods or failing to remove the
danger logo on the vehicle when discontinuing the transport.
3. A fine ranging from 2.000.000 VND to 3.000.000 VND shall be
imposed on an individual; a fine ranging from 4.000.000 VND to 6.000.000 VND shall
be imposed on an organization loading goods on each automobile (including
trailers and semi-trailers) exceeding the maximum permissible payload specified
in the certificate of technical and environmental safety by more than 50% to
100%.
4. A fine ranging from 3.000.000 VND to 4.000.000 VND shall be
imposed on an individual; a fine ranging from 6.000.000 VND to 8.000.000 VND
shall be imposed on an organization engaging in the transport business or
providing transport support services committing any of the following
violations:
a) Failing to issue
driver identification cards to drivers as per regulation;
b) Using drivers and
attendants on vehicles to engage in the transport business by automobiles
without providing training and professional guidelines on passenger transport
and traffic safety for such drivers and attendants as per regulation (if
required), excluding the violations prescribed in Points c and d of this
Clause;
c) Using drivers and
managers on vehicles to engage in the transport business by automobiles without
providing guidelines on the procedure for safety assurance when carrying
preschool children and students for such drivers and managers;
d) Using drivers and
escorts to transport dangerous goods without providing them with training in the
transport of dangerous goods;
dd) Using a passenger
transport business automobile without seat belts at seats and beds as per
regulation (excluding intra-provincial buses);
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g) Failing to post
information or accurate and adequate information on a vehicle as per
regulation.
5. A fine ranging from 4.000.000 VND to 5.000.000 VND shall be
imposed on an individual; a fine ranging from 8.000.000 VND to 10.000.000 VND
shall be imposed on an organization loading goods on each automobile (including
trailers and semi-trailers) exceeding the maximum permissible payload specified
in the certificate of technical and environmental safety by more than 100%.
6. A fine ranging from 4.000.000 VND to 6.000.000 VND shall be
imposed on an individual; a fine ranging from 8.000.000 VND to 12.000.000 VND
shall be imposed on an organization engaging in the transport business
committing any of the following violations:
a) Using a vehicle to
transport live animals with inappropriate structures as per regulation;
e) Using a transport
business automobile to carry preschool children and students or a transport
business automobile combined with activities of carrying preschool children and
students without a device to record the image of preschool children and students
and/or a device with a warning function to prevent children from being left
behind in the vehicle;
c) Using a transport
business automobile to carry preschool children and students without the
prescribed paint color;
d) Using a transport
business automobile to carry preschool children and students or a transport
business automobile combined with activities of carrying preschool children and
students without a sign indicating that the vehicle is carrying preschool
children and students as per regulation.
7. A fine ranging from 5.000.000 VND to 6.000.000 VND shall be
imposed on an individual; a fine ranging from 10.000.000 VND to 12.000.000 VND
shall be imposed on an organization engaging in the transport business or
providing transport support services committing any of the following
violations:
a) Failing to provide,
update, transmit, store, and manage information and data from tachographs as
per regulation;
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c) Using a transport
business vehicle without installing a tachograph (if required) or a functional
and comfortable one or falsifying the data of the vehicle’s tachograph;
d) Using passenger
transit vehicles contrary to regulations;
dd) Using a driver with
inadequate experience as per regulation to operate a double-decker sleeper bus
or an automobile for transporting preschool children and students;
e) Using a contract-based
passenger transport business vehicle without a transport contract, a list of
passengers, and a device to access the electronic contract and the passenger
list as per regulation or having the mentioned items but they fail to comply
with the prescribed requirements; carrying passengers not on the list or
passengers inconsistent with regulations (regarding contract-based passenger
transport business vehicles carrying preschool children, students, officials,
public employees, and employees);
g) Using a transport
business automobile without installing a driver image recording device as per
regulation (if required) or a functional one while being in traffic or
falsifying the data of the driver image recording device on the vehicle.
h) Failing to provide,
update, transmit, store, and manage the information and data collected from
driver image recording devices on automobiles as per regulation;
i) Using a transport
business vehicle with a service life that fails to ensure the conditions of the
registered business.
8. A fine ranging from 10.000.000 VND to 12.000.000 VND shall
be imposed on an individual; a fine ranging from 20.000.000 VND to 24.000.000
VND shall be imposed on an organization engaging in the transport business or
providing transport support services committing any of the following
violations:
a) Failing to provide
periodic health checkups or periodic health checkups with adequate content as
per regulation for drivers;
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c) Using a transport
business automobile to pick up or drop off passengers or load or unload goods
on an expressway.
9. A fine ranging from 20.000.000 VND to 40.000.000 VND shall
be imposed on any unit manufacturing, assembling, and importing automobile
tachographs and any unit providing tachograph services and driver image
recording services committing any of the following acts:
a) The unit
manufacturing, assembling, and importing automobile tachographs does not have
personnel for each job position as per regulation;
b) The unit
manufacturing, assembling, and importing automobile tachographs does not submit
reports on the update or change of the software of devices as per regulation.
10.
A fine ranging from 40.000.000 VND to
60.000.000 VND shall be imposed on any unit manufacturing, assembling, and
importing driver image recording devices on automobiles and any unit providing
tachograph services and driver image recording services committing any of the
following violations:
a) Falsifying the
information or data of automobile tachographs;
b) Falsifying the
information or data of driver image recording devices on automobiles.
11.
A fine ranging from 40.000.000 VND to
52.000.000 VND shall be imposed on an individual; a fine ranging from
80.000.000 VND to 100.000.000 VND shall be imposed on an organization engaging
in the transport business or providing transport support services repeating the
violations prescribed in Points a and h Clause 7 of this Article.
12.
Aside from fines, any individual or
organization committing the violations prescribed in Point c Clause 2; Points
a, b, dd, and g Clause 4; Points b, c, d, dd, e, and g Clause 7; Point c Clause
8 of this Article shall face an additional penalty of suspension of badges from
1 to 3 months (if any) for the violating vehicles.
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a) Enforced issuance of
driver identification cards to drivers as per regulation in case of committing
the violations prescribed in Point a Clause 4 of this Article;
b) Enforced organization
of training, professional guidelines, procedures, or periodic health checkups
for drivers and attendants on vehicles as per regulation in case of committing
the violations prescribed in Points b, c, and d Clause 4; Point a Clause 8 of
this Article;
c) Enforced installation
of tachographs, driver image recording devices, seat belts, and seats for
preschool children and primary students on vehicles as per regulation in case
of committing the violations prescribed in Points dd and e Clause 4; Points c
and g Clause 7 of this Article;
d) Enforced provision,
update, transmission, storage, and management of information and data collected
from tachographs and driver image recording devices on automobiles as per
regulation in case of committing the violations prescribed in Points a and h
Clause 7; Clause 11 of this Article;
dd) Enforced compliance
with regulations on paint colors and vehicle identification signs in case of
committing the violations prescribed in Points c and d Clause 6 of this
Article.
14.
Aside from the additional penalties
mentioned above, any vehicle operator committing violations shall face a
deduction of driving license points as follows:
b) Deduction of 2 driving
license points in case of committing the violations prescribed in Point dd
Clause 2; Points b, c, and d Clause 6; Points b, c, e, and i Clause 7 of this
Article (where the individual engaging in the transport business operates the
vehicle directly);
b) Deduction of 6 driving
license points in case of committing the violations prescribed in Point c
Clause 8 of this Article (where the individual engaging in the transport
business operates the vehicle directly).
Article 27. Penalties
and deduction of points of driving licenses of operators of transport business
automobiles carrying preschool children and students or transport business
automobiles combined with activities of carrying preschool children and
students
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a) Failing to instruct
preschool children and students to sit at prescribed positions in the vehicle;
b) Operating a transport
business automobile to carry preschool children and primary students or a transport
business automobile combined with activities of carrying preschool children and
primary students without age-appropriate seat belts or seats as per regulation;
c) Operating a vehicle
without installing a driver image recording device or a functional one while
being in traffic as per regulation or falsifying the data of the driver image
recording device on the vehicle.
2. A fine ranging from 2.000.000 VND to 3.000.000 VND shall be
imposed for operating transport business automobiles carrying preschool
children and students or transport business automobiles combined with
activities of carrying preschool children and students with no or without a
sufficient number of managers on each vehicle according to Clause 3 Article 46
of the Law on Road Traffic Order and Safety.
3. A fine ranging from 3.000.000 VND to 5.000.000 VND shall be
imposed on an operator of a transport business automobile carrying preschool
children and students or a transport business automobile combined with
activities of carrying preschool children and students committing any of the
following violations:
a) Operating a vehicle
without installing a tachograph or a functional one while being in traffic or
falsifying the data of the tachograph on the vehicle;
b) Operating a vehicle without
a device to record the image of preschool children and students and/or a device
with a warning function to prevent children from being left behind in the
vehicle;
c) Operating a transport
business automobile to carry preschool children and students without the
prescribed paint color;
d) Operating a transport
business automobile to carry preschool children and students or a transport
business automobile combined with activities of carrying preschool children and
students without a sign indicating that the vehicle is carrying preschool
children and students as per regulation.
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Article 28. Penalties
and deduction of points of driving licenses of operators of four-wheeled
motorized vehicles for passenger transport and four-wheeled motorized vehicles
for goods transport
1. A fine ranging from 1.000.000 VND to 2.000.000 VND shall be
imposed for carrying more than the vehicle’s permissible number of passengers.
2. A fine ranging from 2.000.000 VND to 3.000.000 VND shall be
imposed for operating a four-wheeled motorized vehicle for transport business
or a four-wheeled motorized goods transport vehicle for transport business
without a prescribed badge or an unexpired one or using a badge not issued by a
competent authority.
3. A fine ranging from 8.000.000 VND to 12.000.000 VND shall
be imposed for operating a vehicle without following the route, schedule, and
time permissible for operations or the prescribed operational scope, excluding
the violations prescribed in Point b Clause 7 Article 6 of this Decree.
4. Aside from the additional penalties mentioned above, any
vehicle operator committing violations shall face a deduction of driving
license points as follows:
a) Deduction of 2 driving
license points in case of committing the violations prescribed in Clause 2 of
this Article;
b) Deduction of 6 driving
license points in case of committing the violations prescribed in Clause 3 of
this Article.
Article 29. Penalties
and deduction of points of driving licenses of operators of road traffic rescue
vehicle
1. A fine ranging from 1.000.000 VND to 2.000.000 VND shall be
imposed for operating a road traffic rescue vehicle without installing a driver
image recording device or a functional one while being in traffic as per
regulation or falsifying the data of the driver image recording device on the
vehicle.
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3. A fine ranging from 3.000.000 VND to 5.000.000 VND shall be
imposed for operating a road traffic rescue vehicle without installing a
tachograph or a functional one while being in traffic or falsifying the data of
the tachograph on the vehicle.
4. Aside from penalties, any vehicle operator committing the
violations prescribed in Clause 3 of this Article shall face a deduction of 2
driving license points.
Article 30. Penalties
and deduction of points of driving licenses of operators of ambulances
1. A fine ranging from 1.000.000 VND to 2.000.000 VND shall be
imposed for operating an ambulance without installing a driver image recording
device or a functional one while being in traffic as per regulation or
falsifying the data of the driver image recording device on the vehicle.
2. A fine ranging from 3.000.000 VND to 5.000.000 VND shall be
imposed for operating an ambulance without installing a tachograph or a
functional one while being in traffic or falsifying the data of the tachograph
on the vehicle.
3. Aside from penalties, any vehicle operator committing the
violations prescribed in Clause 2 of this Article shall face a deduction of 2
driving license points.
Section 5. OTHER
VIOLATIONS CONCERNING ROAD TRAFFIC ORDER AND SAFETY
Article 31. Penalties
for illegally manufacturing or assembling road motor vehicles; illegally
manufacturing, purchasing, or selling number plates
1. A fine ranging from 10.000.000 VND to 12.000.000 VND shall
be imposed on an individual; a fine ranging from 20.000.000 VND to 24.000.000
VND shall be imposed on an organization committing acts of purchasing and/or
selling number plates not manufactured or permitted by competent authorities.
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3. Aside from fines, any individual or organization committing
the violations prescribed in Clauses 1 and 2 of this Article shall face an
additional penalty of confiscation of the number plates or vehicles illegally
manufactured or assembled.
4. Aside from penalties, any individual or organization
committing the violations prescribed in Clauses 1 and 2 of this Article shall
adopt the remedial measure of enforced return of the illegal profits from
administrative violations.
Article 32. Penalties
and deduction of points of driving licenses of vehicle operators violating
regulations concerning road traffic
1. A fine ranging from 200.000 VND to 300.000 VND shall be
imposed on an individual; a fine ranging from 400.000 VND to 600.000 VND shall
be imposed on an organization that is the owner of a motorcycle, a moped, or a
vehicle similar to motorcycles and mopeds committing any of the following
violations:
a) Arbitrarily changing
the trademark or paint color of the vehicle contrary to the one prescribed in
the vehicle registration certificate;
b) Using a vehicle without
an emission certificate for motorcycles or mopeds or an unexpired one; using an
emission certificate for motorcycles or mopeds not issued by a competent
authority.
2. A fine ranging from 300.000 VND to 400.000 VND shall be
imposed on an individual; a fine ranging from 600.000 VND to 800.000 VND shall
be imposed on an organization that is the owner of an automobile, a
four-wheeled motorized passenger transport vehicle, a four-wheeled motorized
goods transport vehicle, a heavy-duty vehicle, or a vehicle similar to
automobiles committing any of the following violations:
a) Installing windshields
and door glasses that are not safety glasses;
b) Failing to carry out
the declaration procedure with the vehicle registration authority as per
regulation before renovating the vehicle (if required).
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a) Failing to carry out
the procedure for issuing the vehicle registration certificate and/or number
plate in case of changing the vehicle owner as per regulation;
b) Failing to carry out
the procedure for changing the vehicle registration certificate and/or number
plate as per regulation;
c) Installing and using
sound and lighting devices on vehicles that cause loss of road traffic order
and safety.
4. A fine ranging from 800.000 VND to 1.000.000 VND shall be
imposed on an individual; a fine ranging from 1.600.000 VND to 2.000.000 VND
shall be imposed on an organization that is the owner of a motorcycle, a moped,
or a vehicle similar to motorcycles and mopeds failing to comply with
regulations on number plates, excluding the violations prescribed in Points g
and h Clause 8 of this Article.
5. A fine ranging from 800.000 VND to 1.200.000 VND (up to
75.000.000 VND) shall be imposed for each passenger carried beyond the
prescribed limit of the vehicle if the vehicle owner is an individual; a fine
ranging from 1.600.000 VND to 2.400.000 VND (up to 150.000.000 VND) shall be
imposed for each passenger carried beyond the prescribed limit of the vehicle
if the vehicle owner is an organization that directly operates the vehicle or
assigns or allows its employees or representatives to operate the vehicle
committing the violations prescribed in Clause 2 Article 20 of this Decree.
6. A fine ranging from 2.000.000 VND to 4.000.000 VND (up to
75.000.000 VND) shall be imposed for each passenger carried beyond the
prescribed limit of the vehicle if the vehicle owner is an individual; a fine
ranging from 4.000.000 VND to 8.000.000 VND (up to 150.000.000 VND) shall be
imposed for each passenger carried beyond the prescribed limit of the vehicle
if the vehicle owner is an organization that directly operates the vehicle or
assigns or allows its employees or representatives to operate the vehicle
committing the violations prescribed in Clause 4 Article 20 of this Decree.
7. A fine ranging from 4.000.000 VND to 6.000.000 VND shall be
imposed on an individual; a fine ranging from 8.000.000 VND to 12.000.000 VND
shall be imposed on an organization that is the owner of an automobile (including
trailers and semi-trailers), a four-wheeled motorized passenger transport
vehicle, a four-wheeled motorized goods transport vehicle, a heavy-duty
vehicle, or a vehicle similar to automobiles committing any of the following
violations:
a) Erasing, altering, or
forging the vehicle registration document but not liable to criminal
prosecution;
b) Failing to carry out
the procedure for revoking the vehicle registration certificate; number plate;
certificate of technical and environmental safety as per regulation;
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d) Providing false
declarations or using forged papers and documents for the re-issuance of the
number plate, vehicle registration certificate, or certificate of technical and
environmental safety but not liable to criminal prosecution;
dd) Assigning or allowing
an employee or representative to operate the vehicle to commit the violations
prescribed in Point e Clause 3; Point i Clause 5 Article 20 of this Decree or
directly operating the vehicle to commit the violations prescribed in Point e
Clause 3; Point i Clause 5 Article 20 of this Decree;
e) Assigning or allowing
an employee or representative to operate the vehicle to commit the violations
prescribed in Points a and d Clause 2 Article 21 of this Decree or directly
operating the vehicle to commit the violations prescribed in Points a and d
Clause 2 Article 21 of this Decree;
g) Assigning or allowing an
employee or representative to operate the vehicle to commit the violations
prescribed in Point b Clause 2 Article 21 of this Decree or directly operating
the vehicle to commit the violations prescribed in Point b Clause 2 Article 21
of this Decree;
h) Failing to carry out
the procedure for issuing the vehicle registration certificate and/or number
plate in case of changing the vehicle owner as per regulation;
i) Arbitrarily changing
the paint color of the vehicle contrary to the one prescribed in the vehicle
registration certificate;
k) Installing and using
sound and lighting devices on vehicles that cause loss of road traffic order
and safety;
l) Deliberately
falsifying the indicators on the odometer of the vehicle;
m) Operating a road
traffic rescue vehicle or an ambulance without installing a tachograph or a
functional or conformable one or falsifying the data of the tachograph on the
vehicle;
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o) Operating a road
traffic rescue vehicle without specialized equipment and tools for rescue and
rescue support as per regulation in traffic.
8. A fine ranging from 4.000.000 VND to 6.000.000 VND shall be
imposed on an individual; a fine ranging from 8.000.000 VND to 12.000.000 VND
shall be imposed on an organization that is the owner of a motorcycle, a moped,
or a vehicle similar to motorcycles and mopeds committing any of the following
violations:
a) Erasing, altering, or
forging the vehicle registration document but not liable to criminal
prosecution;
b) Arbitrarily changing
the chassis, engine, shape, size, or characteristics of the vehicle;
c) Providing false
declarations or using forged papers and documents for the re-issuance of the
number plate or the vehicle registration certificate but not liable to criminal
prosecution;
d) Failing to carry out
the procedure for revoking the vehicle registration certificate and/or number
plate as per regulation;
dd) Operating a vehicle
without a vehicle registration certificate (or a certified copy of the vehicle
registration certificate enclosed with an original copy of the receipt of a
credit institution or foreign bank branch in case such entity holds the
original copy of the vehicle registration certificate) in traffic or an
unexpired one; operating a vehicle with a temporary vehicle registration
certificate or operating a vehicle with a restricted operational scope in
traffic beyond the permissible time limit, route, and scope;
e) Operating a vehicle
with a vehicle registration certificate (or a certified copy of the vehicle
registration certificate enclosed with an original copy of the receipt of a
credit institution or foreign bank branch in case such entity holds the
original copy of the vehicle registration certificate) that is not issued by a
competent authority or erased in traffic; operating a vehicle with a vehicle
registration certificate (or a certified copy of the vehicle registration
certificate enclosed with an original copy of the receipt of a credit
institution or foreign bank branch in case such entity holds the original copy
of the vehicle registration certificate) that is different from the chassis
number and engine number of the vehicle in traffic;
g) Installing or using a
device that changes the number plate contrary to regulations;
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9. A fine ranging from 4.000.000 VND to 6.000.000 VND shall be
imposed on an individual; a fine ranging from 8.000.000 VND to 12.000.000 VND
shall be imposed on an organization that is the owner of an automobile, a
four-wheeled motorized passenger transport vehicle, a four-wheeled motorized
goods transport vehicle, a heavy-duty vehicle, or a vehicle similar to
automobiles committing any of the following violations:
a) Using hired or
borrowed automobile parts and/or accessories during vehicle inspection;
b) Operating a motor
vehicle or a heavy-duty vehicle with a technical and environmental safety certificate
or stamp (if required) that has expired for less than 1 month (including
trailers and semi-trailers) in traffic;
c) Assigning or allowing
an employee or representative to operate the vehicle to commit the violations
prescribed in Clause 4 Article 21 of this Decree or directly operating the
vehicle to commit the violations prescribed in Clause 4 Article 21 of this
Decree;
d) Assigning or allowing
an employee or representative to operate the vehicle to commit the violations
prescribed in Point d Clause 6 Article 20; Point b Clause 5 Article 21 of this
Decree or directly operating the vehicle to commit the violations prescribed in
Point d Clause 6 Article 20; Point b Clause 5 Article 21 of this Decree;
dd) Operating a vehicle
with a vehicle registration certificate (or a certified copy of the vehicle
registration certificate enclosed with an original copy of the receipt of a
credit institution or foreign bank branch in case such entity holds the
original copy of the vehicle registration certificate) or a technical and
environmental safety certificate or stamp that is not issued by a competent
authority or is erased in traffic; operating a vehicle with a vehicle
registration certificate (or a certified copy of the vehicle registration
certificate enclosed with an original copy of the receipt of a credit
institution or foreign bank branch in case such entity holds the original copy
of the vehicle registration certificate) different from the chassis number and
engine number of the vehicle (including trailers and semi-trailers) in traffic;
e) Failing to comply with
regulations on number plates and/or regulations on drawing or pasting letters
and numbers of number plates and information on vehicles’ sides and doors
(including trailers and semi-trailers), excluding the violations prescribed in
Points b and c Clause 12; Point d Clause 13 of this Article and the violations
prescribed in Point b Clause 3 Article 39 of this Decree.
10.
A fine ranging from 8.000.000 VND to
10.000.000 VND shall be imposed on an individual; a fine ranging from
16.000.000 VND to 20.000.000 VND shall be imposed on an organization that is
the owner of a motorcycle, a moped, or a vehicle similar to motorcycles and
mopeds assigning or allowing an ineligible person, according to Clause 1 Article
56 of the Law on Road Traffic Order and Safety, to operate a vehicle in traffic
(including cases where the vehicle operator has a driving license but it is
suspended).
11.
A fine ranging from 10.000.000 VND to
12.000.000 VND shall be imposed on an individual; a fine ranging from
20.000.000 VND to 24.000.000 VND shall be imposed on an organization that is
the owner of an automobile, a four-wheeled motorized passenger transport
vehicle, a four-wheeled motorized goods transport vehicle, a heavy-duty vehicle,
or a vehicle similar to automobiles committing any of the following violations:
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b) Assigning or allowing
an employee or representative to operate the vehicle to commit the violations
prescribed in Points a and d Clause 5 Article 21 of this Decree or directly
operating the vehicle to commit the violations prescribed in Points a and d
Clause 5 Article 21 of this Decree;
c) Assigning or allowing
an employee or representative to operate the vehicle to commit the violations
prescribed in Clause 2 Article 34 of this Decree or directly operating the
vehicle to commit the violations prescribed in Clause 2 Article 34 of this
Decree;
d) Operating a passenger
transport business automobile with a number of seats or beds or a goods bay
size different from the technical specifications prescribed in the vehicle's
technical and environmental safety certificate in traffic;
dd) Assigning or allowing
an employee or representative to operate the vehicle to commit the violations
prescribed in Clause 7 Article 20; Point c Clause 6 Article 21 of this Decree
or directly operating the vehicle to commit the violations prescribed in Clause
7 Article 20; Point c Clause 6 Article 21 of this Decree;
12.
A fine ranging from 16.000.000 VND to
18.000.000 VND shall be imposed on an individual; a fine ranging from
32.000.000 VND to 36.000.000 VND shall be imposed on an organization that is
the owner of an automobile, a four-wheeled motorized passenger transport
vehicle, a four-wheeled motorized goods transport vehicle, a heavy-duty
vehicle, or a vehicle similar to automobiles and smart traffic vehicles
committing any of the following violations:
a) Operating a vehicle
without a vehicle registration certificate (or a certified copy of the vehicle
registration certificate enclosed with an original copy of the receipt of a
credit institution or foreign bank branch in case such entity holds the
original copy of the vehicle registration certificate) in traffic or an
unexpired one; operating a vehicle with a temporary vehicle registration
certificate or operating a vehicle with a restricted operational scope in
traffic beyond the permissible time limit, route, and scope;
b) Operating a vehicle
without a number plate in traffic (if required);
c) Installing or using a
device that changes the number plate contrary to regulations (including
trailers and semi-trailers);
d) Operating a smart
traffic vehicle without an operational permit or an unexpired one or failing to
comply with the operational permit.
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a) Assigning or allowing
an employee or representative to operate the vehicle to commit the violations
prescribed in Points a and b Clause 6 Article 21 of this Decree or directly
operating the vehicle to commit the violations prescribed in Points a and b
Clause 6 Article 21 of this Decree;
b) Assigning or allowing
an employee or representative to operate the vehicle to commit the violations
prescribed in Clause 2 Article 22 of this Decree or directly operating the
vehicle to commit the violations prescribed in Clause 2 Article 22 of this
Decree;
c) Assigning or allowing
an employee or representative to operate the vehicle to commit the violations
prescribed in Clause 3 Article 34 of this Decree or directly operating the
vehicle to commit the violations prescribed in Clause 3 Article 34 of this
Decree;
d) Operating a vehicle
with a number plate different from the one prescribed in the vehicle
registration certificate or not issued by a competent authority (including
trailers and semi-trailers) in traffic;
dd) Assigning or allowing
an employee or representative to operate the vehicle to commit the violations
prescribed in Point a Clause 10 Article 21 of this Decree or directly operating
the vehicle to commit the violations prescribed in Point a Clause 10 Article 21
of this Decree.
14.
A fine ranging from 28.000.000 VND to
30.000.000 VND shall be imposed on an individual; a fine ranging from
56.000.000 VND to 60.000.000 VND shall be imposed on an organization that is
the owner of an automobile, a four-wheeled motorized passenger transport
vehicle, a four-wheeled motorized goods transport vehicle, a heavy-duty
vehicle, or a vehicle similar to automobiles committing any of the following
violations:
a) Assigning or allowing
an employee or representative to operate the vehicle to commit the violations
prescribed in Point a Clause 3 Article 22 of this Decree or directly operating
the vehicle to commit the violations prescribed in Point a Clause 3 Article 22
of this Decree;
b) Assigning or allowing
an employee or representative to operate the vehicle to commit the violations
prescribed in Point b Clause 3 Article 22 of this Decree or directly operating
the vehicle to commit the violations prescribed in Point b Clause 3 Article 22
of this Decree;
c) Assigning or allowing
an employee or representative to operate the vehicle to commit the violations
prescribed in Point c Clause 3 Article 22 of this Decree or directly operating
the vehicle to commit the violations prescribed in Point c Clause 3 Article 22
of this Decree;
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dd) Assigning or allowing
an employee or representative to operate the vehicle to commit the violations
prescribed in Point a Clause 4 Article 34 of this Decree or directly operating
the vehicle to commit the violations prescribed in Point a Clause 4 Article 34
of this Decree;
e) Assigning or allowing
an employee or representative to operate the vehicle to commit the violations
prescribed in Point b Clause 4 Article 34 of this Decree or directly operating
the vehicle to commit the violations prescribed in Point b Clause 4 Article 34
of this Decree;
g) Assigning or allowing
an employee or representative to operate the vehicle to commit the violations
prescribed in Point c Clause 4 Article 34 of this Decree or directly operating
the vehicle to commit the violations prescribed in Point c Clause 4 Article 34
of this Decree;
h) Operating a truck
(including trailers and semi-trailers) with a trunk size different from the
technical specifications prescribed in the vehicle’s technical and
environmental safety certificate in traffic;
i) Assigning or allowing
an ineligible person, according to Clause 1 Article 56 (regarding an
automobile, a four-wheeled motorized passenger transport vehicle, a
four-wheeled motorized goods transport vehicle, or a vehicle similar to
automobiles) or Clause 2 Article 56 (regarding a heavy-duty vehicle) of the Law
on Road Traffic Order and Safety, to operate a vehicle in traffic (including
cases where the vehicle operator has a driving license but it is expired or
suspended; a certificate of advanced training in the knowledge of the law on
road traffic that has been suspended before January 1, 2025 and is still
currently suspended).
15.
A fine ranging from 30.000.000 VND to
40.000.000 VND shall be imposed on an individual; a fine ranging from
60.000.000 VND to 80.000.000 VND shall be imposed on an organization that is
the owner of an automobile, a heavy-duty vehicle, or a vehicle similar to
automobiles assigning or allowing an employee or representative to operate the
vehicle to commit the violations prescribed in Clause 7 Article 21 of this
Decree or directly operating the vehicle to commit the violations prescribed in
Clause 7 Article 21 of this Decree.
16.
A fine ranging from 65.000.000 VND to
75.000.000 VND shall be imposed on an individual; a fine ranging from
130.000.000 VND to 150.000.000 VND shall be imposed on an organization that is
the owner of an automobile, a heavy-duty vehicle, or a vehicle similar to
automobiles committing any of the following violations:
a) Assigning or allowing
an employee or representative to operate the vehicle to commit the violations
prescribed in Point a Clause 5 Article 34 of this Decree or directly operating
the vehicle to commit the violations prescribed in Point a Clause 5 Article 34
of this Decree;
b) Assigning or allowing
an employee or representative to operate the vehicle to commit the violations
prescribed in Points a and b Clause 8 Article 21 of this Decree or directly
operating the vehicle to commit the violations prescribed in Points a and b
Clause 8 Article 21 of this Decree;
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17.
Vehicle confiscation shall apply to an
owner of an automobile, a four-wheeled motorized passenger transport vehicle, a
four-wheeled motorized goods transport vehicle, a heavy-duty vehicle, a
motorcycle, a moped, or a vehicle similar to automobiles, motorcycles, or
mopeds committing any of the following violations:
a) Illegally cutting,
welding, erasing, altering, or re-stamping the chassis number or engine number;
operating a vehicle that has undergone any of the mentioned acts in traffic;
b) Converting other types
of automobiles into passenger transport automobiles;
c) Operating a vehicle
with an expired service life in traffic, excluding the violations prescribed in
Point i Clause 7 Article 26 of this Decree;
d) Repeating the act
prescribed in Clause 5 of this Article (in case of carrying passengers
exceeding the limit of the vehicle by more than 100%);
dd) Repeating the act
prescribed in Clause 6 of this Article (in case of carrying passengers
exceeding the limit of the vehicle by more than 100%);
e) Repeating the act
prescribed in Point h Clause 14 of this Article;
g) Repeating the act
prescribed in Point b Clause 16 of this Article.
18.
Aside from fines, any individual or
organization committing violations shall face the following additional penalty
forms:
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b) Confiscation of the
vehicle in case of committing the violations prescribed in Points dd and e
Clause 8; Point dd Clause 9; Point a Clause 12 of this Article while not having
a vehicle registration certificate (or a certified copy of the vehicle
registration certificate enclosed with an original copy of the receipt of a
credit institution or foreign bank branch in case such entity holds the
original copy of the vehicle registration certificate) or using a vehicle
registration certificate (or a certified copy of the vehicle registration
certificate enclosed with an original copy of the receipt of a credit
institution or foreign bank branch in case such entity holds the original copy
of the vehicle registration certificate) that is not issued by a competent
authority, different from the chassis number or engine number, or erased
(including trailers and semi-trailers) without being able to prove the origin
of the vehicle (not having any document or certificate concerning the origin of
the vehicle or legal ownership);
c) Suspension of the
technical and environmental safety certificate and inspection stamp from 1 to 3
months in case of committing the violations prescribed in Point e Clause 7,
Point b Clause 11, Point a Clause 13, Clause 15, and Point b Clause 16 of this
Article when the vehicle has a trunk and a permissible transport volume of
goods contrary to current regulations;
d) Suspension of the
technical and environmental safety certificate and inspection stamp from 1 to 3
months in case of committing the violations prescribed in Point d Clause 11,
Point h Clause 14, and Point c Clause 16 of this Article;
dd)
Suspension of badges from 1 to 3 months (if any) in case of committing the
violations prescribed in Clauses 5 and 6 of this Article while carrying
passengers exceeding the limit of the vehicle by more than 50%. Suspension of badges from 1 to 3 months (if any) in case of
committing the violations prescribed in Points e and g Clause 7; Points a and b
Clause 11; Points a, b, c, and dd Clause 13; Points a, b, c, d, dd, e, and g Clause
14; Clause 15; Clause 16 of this Article.
19.
Aside from penalties, any individual or
organization committing violations shall face the following remedial measures:
a) Enforced restoration
of the trademark and paint color specified in the vehicle registration
certificate as per regulation in case of committing the violations prescribed
in Point a Clause 1 and Point i Clause 7 of this Article;
b) Enforced replacement
of devices meeting technical safety standards (installation of the proper
safety glasses) in case of committing the violations prescribed in Point a
Clause 2 of this Article;
c) Enforced compliance
with regulations on number plates and regulations on drawing or pasting letters
and numbers of number plates and information on vehicles’ sides and doors in
case of committing the violations prescribed in Clause 4 and Point e Clause 9
of this Article;
d) Enforced restoration
of the initial shape, size, and technical safety condition of the vehicle and
re-inspection before having the vehicle participate in traffic in case of
committing the violations prescribed in Point d Clause 11, Point h Clause 14,
and Point c Clause 16 of this Article;
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e) Enforced restoration
of the initial state altered by administrative procedures in case of committing
the violations prescribed in Points dd, e, and g Clause 7; Point c Clause 9;
Points b and c Clause 11; Points a, b, and c Clause 13; Points a, b, c, d, dd,
e, and g Clause 14; Clause 15; Points a and b Clause 16 of this Article,
leading to damage to bridges or roads;
g) Enforced
implementation of procedures for exchanging, revoking, and issuing vehicle
registration certificates, number plates, and technical and environmental
safety certificates as per regulation (excluding cases subject to vehicle
confiscation) in case of committing the violations prescribed in Point b Clause
3; Points b, c, and h Clause 7; Points d and dd Clause 8; Point a Clause 12 of
this Article;
h) Enforced removal of
audio and lighting devices installed on vehicles that cause loss of road
traffic order and safety in case of committing the violations prescribed in
Point c Clause 3 and Point k Clause 7 of this Article;
i) Enforced return of the
vehicle registration certificate (or a certified copy of the vehicle
registration certificate enclosed with an original copy of the receipt of a
credit institution or foreign bank branch in case such entity holds the
original copy of the vehicle registration certificate) or the technical and
environmental safety certificate or stamp that is erased in case of committing
the violations prescribed in Point e Clause 8 and Point dd Clause 9 of this
Article;
k) Enforced
re-adjustments to the falsified indicators on the automobile’s odometer in case
of committing the violations prescribed in Point l Clause 7 of this Article;
l) Enforced installation
of specialized equipment and tools for rescue and rescue support on the vehicle
in compliance with regulations in case of committing the violations prescribed
in Point o Clause 7 of this Article.
20.
Aside from penalties, any individual or
organization committing the violations prescribed in Points a and d Clause 7;
Points a and e Clause 8; Point dd Clause 9 of this Article shall be subject to
the revocation of erased, altered, or forged vehicle registration application;
forged documents and papers for the re-issuance of the number plate, the
vehicle registration certificate, or the technical and environmental safety
certificate; the vehicle registration certificate (or a certified copy of the
vehicle registration certificate enclosed with an original copy of the receipt
of a credit institution or foreign bank branch in case such entity holds the
original copy of the vehicle registration certificate) that is not issued by a
competent authority or different from the chassis number and engine number of
the vehicle or the technical and environmental safety certificate or stamp that
is not issued by a competent authority.
21.
Aside from the additional penalties
mentioned above, any individual or organization committing violations shall
face a deduction of driving license points as follows:
a) Deduction of 2 driving
license points in case of committing the violations prescribed in Points dd, g,
and m Clause 7; Points dd and e Clause 8; Points b, c, d, and dd Clause 9;
Points a, b, and dd Clause 11; Point a Clause 12; Point c Clause 13; Points dd
and h Clause 14 of this Article (if the vehicle owner is the one who directly
operates the vehicle);
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c) Deduction of 4 driving
license points in case of committing the violations prescribed in Points a, b,
and dd Clause 13; Points a, b, c, and d Clause 14; Point a Clause 16 of this
Article (if the vehicle owner is the one who directly operates the vehicle);
d) Deduction of 4 driving
license points in case of committing the violations prescribed in Clauses 5 and
6 of this Article (where the vehicle owner directly operates the vehicle
carrying passengers exceeding the limit by more than 50% to 100%);
dd) Deduction of 6
driving license points in case of committing the violations prescribed in Point
h Clause 8 and Point b Clause 12 of this Article (if the vehicle owner is the
one who directly operates the vehicle);
e) Deduction of 8 driving
license points in case of committing the violations prescribed in Clause 15 of
this Article (if the vehicle owner is the one who directly operates the
vehicle);
g) Deduction of 10
driving license points in case of committing the violations prescribed in Point
d Clause 13 and Point b Clause 16 of this Article (if the vehicle owner is the
one who directly operates the vehicle);
h) Deduction of 10
driving license points in case of committing the violations prescribed in
Clauses 5 and 6 of this Article (where the vehicle owner directly operates the
vehicle carrying passengers exceeding the limit by more than 100%).
Article 33. Penalties
for passengers violating regulations on road traffic order and safety
1. A fine ranging from 100.000 VND to 200.000 VND shall be
imposed in case of committing any of the following violations:
a) Failing to comply with
instructions of the driver and attendant on the vehicle regarding regulations
on road traffic order and safety assurance;
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2. A fine ranging from 1.000.000 VND to 2.000.000 VND shall be
imposed in case of committing any of the following violations:
a) Bringing toxic
chemicals, flammable and explosive substances, dangerous goods, or banned goods
on a passenger transport vehicle;
b) Clinging to the
vehicle body; standing, sitting, or lying on the vehicle’s hood, roof, or goods
bay; arbitrarily opening the vehicle’s doors, or engaging in other acts that
neglect safety when the vehicle is running.
3. A fine ranging from 2.000.000 VND to 3.000.000 VND shall be
imposed for threatening or infringing on the health of the driver, attendant,
or other passengers on the vehicle.
4. Aside from fines, a vehicle operator committing violations
shall face the following additional penalty forms:
Article 34. Penalties
and deduction of points of driving licenses of operators of over-dimension
vehicles, overloaded vehicles, and tracked vehicles on roads (including
passenger transport automobiles)
1. A fine ranging from 3.000.000 VND to 5.000.000 VND shall be
imposed for failing to comply with the regulations prescribed in the transport
permit, excluding the violations prescribed in Points a and b Clause 3; Points
b and c Clause 4 of this Article.
2. A fine ranging from 4.000.000 VND to 6.000.000 VND shall be
imposed for operating a vehicle with GVW exceeding the permissible load
capacity of roads by more than 10% to 20%, excluding the case of having an
unexpired transport permit.
3. A fine ranging from 8.000.000 VND to 10.000.000 VND shall
be imposed in case of committing any of the following violations:
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b) Operating a tracked
vehicle in traffic without a transport permit or an unexpired one as per
regulation or operating the vehicle on roads without adopting measures to
protect the roads as per regulation;
c) Operating a vehicle
with an external dimension exceeding the dimensional limit of roads or carrying
goods exceeding the dimensional limit of roads or carrying goods exceeding the
limit on the limit on goods loaded onto the vehicle participating in traffic,
excluding the case of having an unexpired transport permit;
d) Operating a vehicle
with an external dimension exceeding the permissible size of the vehicle as per
regulation, excluding the case of having an unexpired transport permit.
4. A fine ranging from 13.000.000 VND to 15.000.000 VND shall
be imposed in case of committing any of the following violations:
a) Operating a vehicle
with GVW or gross axle weight (GAW) (including the goods and passengers on the
vehicle) exceeding the permissible load capacity of roads by more than 20% to
50%, excluding the case of having an unexpired transport permit;
b) Operating a vehicle
with an unexpired transport permit but GVW or GAW (including goods on the
vehicle (if any)) exceeding the limit prescribed in the transport permit;
d) Operating a vehicle
with an unexpired transport permit but failing to follow the routes specified
in the transport permit;
5. A fine ranging from 40.000.000 VND to 50.000.000 VND shall
be imposed in case of committing any of the following violations:
a) Operating a vehicle
with GVW or GAW (including the goods and passengers on the vehicle) exceeding
the permissible load capacity of roads by more than 50%, excluding the case of
having an unexpired transport permit;
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6. Aside from penalties, any vehicle operator committing the
violations prescribed in Clauses 1, 2, 3, 4, and 5 of this Article that lead to
damage to roads or bridges shall adopt the remedial measure of enforced
restoration of the initial state altered by administrative violations.
7. Aside from the additional penalties mentioned above, any
vehicle operator committing violations shall face a deduction of driving
license points as follows:
a) Deduction of 2 driving
license points in case of committing the violations prescribed in Clause 1,
Clause 3, and Point a Clause 4 of this Article;
b) Deduction of 3 driving
license points in case of committing the violations prescribed in Points b and
c Clause 4 of this Article;
c) Deduction of 4 driving
license points in case of committing the violations prescribed in Point a
Clause 5 of this Article;
d) Deduction of 10
driving license points in case of committing the violations prescribed in Point
b Clause 5 of this Article.
Article 35. Penalties
and deduction of points of driving licenses of people who engage in illegal
races, organize races, and instigate or encourage illegal races
1. A fine ranging from 1.000.000 VND to 2.000.000 VND shall be
imposed for gathering to encourage, assist, and instigate acts of speeding,
waving, swerving, or chasing each other on roads or racing illegally.
2. A fine ranging from 40.000.000 VND to 50.000.000 VND shall
be imposed on an individual; a fine ranging from 80.000.000 VND to 100.000.000
VND shall be imposed on an organization organizing illegal races.
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a) Engaging in an illegal
race of mopeds, motorized bicycles, or bicycles on traffic roads;
b) Engaging in an illegal
race of motorcycles or automobiles on traffic roads.
4. Aside from vehicle confiscation, any vehicle operator
committing the violations prescribed in Point b Clause 3 of this Article shall
face an additional penalty of 22 to 24 months of the driving license
suspension.
Article 36. Penalties
for operators of motorcycles, mopeds, and rudimentary vehicles committing
violations against regulations on transport of passengers and goods
1. A fine ranging from 300.000 VND to 400.000 VND shall be
imposed on a vehicle operator committing any of the following violations:
a) Transporting goods
without safely loading or securing them or transporting goods in a manner that
endangers other people or vehicles in traffic;
b) Transporting goods on
the vehicle in a manner that obstructs the driver’s vision or obscures the
lights or number plate (if any); dropping goods on roads.
2. A fine ranging from 400.000 VND to 600.000 VND shall be
imposed in case of committing any of the following violations:
a) Carrying luggage or
goods beyond the vehicle’s permissible weight;
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c) Transporting break
bulk goods, building materials, or waste in a manner that spills them on roads
or causes noise and dust;
d) Transporting goods at
the front or back of the vehicle without red signals at the starting and ending
points of such goods when the vehicle is operating during the day; transporting
goods at the front or back of the vehicle without red lights or signals when
the vehicle is operating at night or when it is dark.
Article 37. Penalties
for operators of road motor vehicles with foreign number plates
1. A fine ranging from 1.000.000 VND to 2.000.000 VND shall be
imposed on an operator of a road motor vehicle with a foreign number plate
committing any of the following violations:
a) Failing to have an
English or Vietnamese translation of the vehicle’s document as per regulation;
b) Carrying passengers
not on the passenger list as per regulation.
2. A fine ranging from 2.000.000 VND to 4.000.000 VND shall be
imposed for operating a vehicle in Vietnam's traffic without written approval
or license of a competent authority according to regulations (if required).
3. A fine ranging from 3.000.000 VND to 5.000.000 VND shall be
imposed in case of committing any of the following violations:
a) Operating a vehicle
without a national symbol as per regulation;
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c) Transporting
passengers or goods contrary to regulations of international treaties to which
Vietnam is a signatory, excluding the violations prescribed in Clauses 1, 4, 5,
and 6 of this Article.
4. A fine ranging from 8.000.000 VND to 10.000.000 VND shall
be imposed in case of committing any of the following violations:
a) Operating a vehicle
without a temporary number plate or with a temporary number plate not issued by
a competent authority (if required);
b) Operating a right-hand
drive automobile in traffic without being in a delegation or without a person
or vehicle providing traffic support and instructions as per regulation.
5. A fine ranging from 10.000.000 VND to 12.000.000 VND shall
be imposed for operating beyond the scope, routes, and road sections
permissible for operations.
6. A fine ranging from 30.000.000 VND to 35.000.000 VND shall
be imposed for operating a vehicle in Vietnam’s territory beyond the prescribed
time limit.
7. Aside from penalties, any vehicle operator committing the
violations prescribed in Clause 2; Points b and c Clause 3; Point a Clause 4;
Clause 6 of this Article shall adopt the remedial measure of enforced re-export
of the vehicle from Vietnam.
Article 38. Penalties
for operators of vehicles registered for operations in special commercial
economic zones and international border checkpoint economic zones
1. A fine ranging from 500.000 VND to 1.000.000 VND shall be
imposed on an operator of a motorcycle, a moped, or a vehicle similar to motorcycles
and mopeds committing any of the following violations:
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b) Operating a vehicle
without a control badge or an unexpired one or using a badge not issued by a
competent authority.
2. A fine ranging from 3.000.000 VND to 5.000.000 VND shall be
imposed on an operator of an automobile or a vehicle similar to automobiles
committing any of the following violations:
a) Failing to have a
declaration of the road motor vehicle temporarily imported for re-export as per
regulation;
b) Operating a vehicle
without a control badge or an unexpired one or using a badge not issued by a
competent authority.
3. A vehicle shall be confiscated if the operator repeats the
violations prescribed in Clauses 1 and 2 of this Article.
4. Aside from penalties, any vehicle operator committing the
violations prescribed in Clauses 1 and 2 of this Article shall adopt the
remedial measure of enforced return of the vehicle to the special commercial
economic zone or international border checkpoint economic zone.
5. Aside from penalties, any vehicle operator committing the
violations prescribed in Point b Clause 1 and Point b Clause 2 of this Article
shall be subject to the revocation of the expired badge or the badge not issued
by a competent authority.
Article 39. Penalties
for violations against regulations on driving training and driving test
1. A fine ranging from 2.000.000 VND to 3.000.000 VND shall be
imposed on a driving instructor committing any of the following violations:
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b) The practical
instructor carries passengers or goods on the instructional vehicle contrary to
regulations;
c) The practical
instructor fails to follow the route specified in the instructional vehicle’s
license; sit next to the learner to provide steering assistance (even in the
practice yard and on public roads);
d) Failing to wear an
instructor’s badge while teaching;
dd) Failing to prepare a
lesson plan for the assigned subject as per regulation or a conformable one;
e) The practical
instructor fails to carry the instructional vehicle’s license or an unexpired
one.
2. A fine ranging from 3.000.000 VND to 5.000.000 VND shall be
imposed on a driver training facility committing any of the following
violations:
a) Using an instructional
vehicle without a roof or secured seats in the vehicle’s trunk for learners as
per regulation;
b) Failing to conclude or
liquidate training contracts with learners as per regulation; concluding or
liquidating training contracts not directly signed by the learners;
c) Failing to announce
the mechanisms for enrolment and training management and the tuition fees as
per regulation;
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a) The driver training
facility fails to arrange a practical instructor to sit next to the learning to
provide steering assistance or arranges an unqualified instructor for teaching;
b) The driver training
facility uses an instructional vehicle without a license or an unexpired one or
fails to install a sign that reads “Tập lái” (driver under instruction) as per
regulation on the vehicle and specify the name and phone number of the driver
training facility on the vehicle’s doors or sides as per regulation;
c) The driver training
facility uses an instructional vehicle without installing an auxiliary brake
system or a functional one;
d) The driver training
facility enrolls learners whose education and time of safe driving do not meet
the conditions of the corresponding training level; enrolls learners with
inadequate documents as per regulation;
dd) The driver training
facility does not have a sufficient number of practical instructors of all
driving classes to meet the plan to use instructional vehicles for training;
e) The driver training
facility fails to store or adequately store documents of a training course
according to the regulations;
g) The driving test
center fails to maintain the conditions prescribed in the National Technical
Standard on Road Motor Vehicle Driving Test Centers, excluding the violations
prescribed in Clauses 4, 5, and 7 of this Article;
h) The driving test
center fails to store or adequately store documents of a driving test according
to the regulations;
i) The individual uses
false papers and documents to be able to undergo learning, examinations, and
tests for the issuance or re-issuance of a driving license or a certificate of
advanced training in the knowledge of the law on road traffic but not liable to
criminal prosecution;
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4. A fine ranging from 10.000.000 VND to 20.000.000 VND shall
be imposed on a driver training facility or a driving test center committing
any of the following violations:
a) The driver training
facility organizes enrolment and training beyond the capacity prescribed in the
driver training license;
b) The driver training
facility organizes the driver training outside of the location prescribed in
the driver training license;
c) The driver training
facility fails to store or adequately store documents of 2 training courses or
more according to the regulations;
d) The driver training
facility allows more learners than the prescribed limit on an instructional
vehicle;
dd) The driver training
facility fails to have sufficient classrooms or fails to ensure that classrooms
have sufficient learning tools, devices, and models;
e) The driver training
facility fails to have a decent practice yard or one that meets the prescribed
conditions;
g) The driver training
facility fails to have a sufficient number of instructional vehicles at all
classes to serve the actual training capacity from time to time or uses
instructional vehicles of inappropriate classes for driving practice;
h) The driver training
facility fails to have sufficient devices for supervising the theory learning
time and time and distances of driving practice of learners or functional ones
as per regulation;
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k) The driving test
center fails to have sufficient screens to announce the recorded images of
theory test rooms, traffic situation simulation rooms, and driving test results
as per regulation or functional ones as per regulation during a test.
5. A fine ranging from 20.000.000 VND to 30.000.000 VND shall
be imposed on a driver training facility or a driving test center committing
any of the following violations:
a) The driver training
facility organizes enrolment and training contrary to its permissible driving
license classes;
b) The driver training
facility provides training contrary to the prescribed content, program, and
curriculum;
c) The driver training
facility assesses the completion of the training course or issues preliminary
certificates or training certificates to learners against regulations;
d) The driver training
facility uses technical measures, peripheral equipment, and other measures to
interfere in the operations, falsifying the data of the devices for supervising
the theory learning time and time and distances of driving practice;
dd) The driving test
center fails to have sufficient cameras for supervising theory test rooms,
traffic situation simulation rooms, and practice yards or functional ones as
per regulation;
e) The driving test
center has more than 50% of the licensed vehicles for circuit tests ineligible
for testing as per regulation;
g) The driving test
center has more than 50% of the licensed vehicles for road tests ineligible for
testing as per regulation;
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i) The driving test
center arbitrarily moves functional rooms or changes the test models without
the consent of a competent state management authority;
k) The driving test
center fails to store or adequately store documents of 2 driving tests or more
according to the regulations.
6. A fine ranging from 15.000.000 VND to 20.000.000 VND shall
be imposed on an individual; a fine ranging from 30.000.000 VND to 40.000.000
VND shall be imposed for engaging in enrolment and driver training without a
driver training license.
7. A fine ranging from 40.000.000 VND to 50.000.000 VND shall
be imposed on a driving test center committing any of the following violations:
a) Arbitrarily changing
or using testing software, marking devices, and test vehicles without the
approval of a competent state management authority;
b) Using a computer in
the theory test room to connect to a network outside of the test room against
regulations;
c) Deliberately allowing
the marking equipment or devices to operate incorrectly during a test; using
improper markings or symbols on the test yard or test vehicles during a test.
8. A practical instructor who allows learners to practical
learners to commit any of the violations prescribed in Article 6 of this Decree
shall face the penalties prescribed for such violations.
9. Aside from fines, any individual or organization committing
violations shall face the following additional penalty forms:
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b) Any driver training
facility committing the violations prescribed in Point c Clause 4; Points a, b,
c, and d Clause 5 of this Article shall be suspended from engaging in enrolment
for 2 to 4 months;
c) Any driving test
center that committing the violations prescribed in Point h Clause 3; Points I
and k Clause 4; Points dd, e, g, h, and i Clause 5 of this Article shall have
its driving test license suspended for 1 to 3 months;
dd) Any driving test
center committing the violations prescribed in Point k Clause 5 and Clause 7 of
this Article shall have its driving test license suspended for 2 to 4 months.
10.
Aside from penalties, any individual
committing the violations prescribed in Point i Clause 3 of this Article shall
face the remedial measure of enforced revocation of forged documents and
papers.
Article 40. Penalties
for violations against regulations on inspection of motor vehicles, heavy-duty
vehicles, and motor vehicle parts
1. A fine ranging from 8.000.000 VND to 10.000.000 VND shall
be imposed on an individual committing any of the following violations:
a) Failing to comply with
specific regulations concerning relevant technical procedures and standards in
the certification and inspection of motor vehicles, heavy-duty vehicles, and
motor vehicle parts;
b) Failing to properly
implement the assigned tasks and responsibilities in the certification and
inspection of motor vehicles, heavy-duty vehicles, and motor vehicle parts;
c) Making requests
against regulations on vehicle inspection procedures for individuals or
organizations.
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a) Failing to ensure the
conditions and requirements prescribed in specific Decrees of the Government of
Vietnam on conditions for engagement in the motor vehicle inspection service
business; organization and operation of vehicle inspection facilities; and
service life of motor vehicles;
b) Having 2 instances of
vehicle inspectors subject to penalties according to Clause 1 of this Article
within 12 months from the first instance;
c) Assigning an
ineligible person to carry out the tasks of a vehicle inspector or a
professional employee;
d) Issuing a renovation
certificate of a motor vehicle or heavy-duty vehicle against regulations;
dd) Inspecting a vehicle
ineligible for inspection as per regulation;
e) Storing records,
documents, and data on vehicle inspection and renovation against regulations;
g) Failing to update
vehicle records for motor vehicles or heavy-duty vehicles as per regulation.
3. A fine ranging from 10.000.000 VND to 15.000.000 VND shall
be imposed on a facility testing and certifying motor vehicles, heavy-duty
vehicles, and motor vehicle parts in manufacturing, assembly, and import
committing any of the following violations:
a) Failing to post up the
testing and certification procedures as per regulation;
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c) Assigning an
ineligible person to carry out the testing and/or certification;
d) Using equipment or
tools that fail to comply with the law on measurement for inspection and/or
testing;
dd) Having 2 instances of
vehicle inspectors subject to penalties according to Clause 1 of this Article
within 12 months from the first instance;
e) Storing certification
records, documents, and data against regulations.
4. A fine ranging from 16.000.000 VND to 20.000.000 VND shall
be imposed on a vehicle inspection facility committing any of the following
violations:
a) Inspecting and issuing
inspection certificates of motor vehicles and heavy-duty vehicles and
inspecting the emissions of motorcycles and mopeds against technical
regulations and standards;
b) Making requests
against regulations on vehicle inspection procedures for individuals or
organizations;
c) Refusing to provide
vehicle inspection services against the law.
5. A fine ranging from 16.000.000 VND to 20.000.000 VND shall
be imposed on a manufacturing and assembly facility, warranty and maintenance
facility, or an authorized organization or individual committing any of the
following violations:
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b) Using equipment or
tools that fail to comply with the law on measurement for inspecting the
factory quality of motor vehicles, heavy-duty vehicles, and motor vehicle
parts.
6. Aside from fines, any individual or organization committing
violations shall face the following additional penalty forms:
a) Suspension of the
inspector certificate from 1 to 3 months in case of committing the violations
prescribed in Clause 1 of this Article;
b) Suspension of the
certificate of eligibility for engaging in motor vehicle inspection operations
from 1 to 3 months in case of committing the violations prescribed in Points a,
b, c, d, and g Clause 2; Clause 4 of this Article.
Chapter III
AUTHORITY AND PROCEDURES FOR ISSUING
PENALTIES AND DEDUCTING AND RESTORING DRIVING LICENSE POINTS
Section 1. AUTHORITY
TO IMPOSE PENALTIES
Article 41. Authority
to impose penalties for administrative violations against regulations on road
traffic order and safety
1. Presidents of People’s
Committees at various levels shall have the authority to impose penalties for
the violations prescribed in this Decree within their local management scope.
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a) Articles 6, 7, 8, 9,
10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29,
30, 31, 32, 33, 34, 35, and 36;
b) Clause 1, Point a
Clause 3, Point b Clause 5, and Clause 5 of Article 37;
c) Article 38;
d) Points a, b, c, d, and
e Clause 1; Point a Clause 2; Points a, b, and c Clause 3; Point d Clause 4;
Clause 8 of Article 39.
3. Order police officers,
rapid response police forces, mobile police officers, and social order
administration police officers shall, within their assigned tasks and functions
concerning road traffic order and safety, have the authority to impose
penalties for the violations prescribed in specific Points, Clauses, and
Articles of this Decree as follows:
a) Points c and dd Clause
1; Points d and dd Clause 2; Points b, d, dd, e, g, and o Clause 3; Points b,
c, dd, i, and k Clause 3; Points i and k Clause 5; Points b, c, and d Clause 6;
Clause 9; Points a, b, c, and d Clause 11; Clause 12 of Article 6;
b) Points e, g, i, and k
Clause 1; Points a, c, d, e, g, h, i, and k Clause 2; Points b, c, d, e, g, and
k Clause 3; Points b, d, and dd Clause 3; Points b and c Clause 5; Points a, b,
and c Clause 6; Points a, c, and d Clause 7; Point b Clause 8; Points a, b, d,
dd, e, g, h, i, and k Clause 9; Clause 11 of Article 7;
c) Clause 2; Points b, c,
and dd Clause 3; Points b, c, d, dd, and e Clause 3; Points a, b, and c Clause
5; Points c, d, and g Clause 6; Clause 7; Points a, b, c, and d Clause 9 of
Article 8;
d) Clauses 1, 2, 3, and 4
of Article 9;
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e) Clauses 1 and 2 of
Article 11;
g) Clause 1; Clause 2;
Clause 3; Clause 5; Points c and d Clause 6; Clause 7; Clause 9; Clause 10;
Points a and c Clause 11; Clause 12; Clause 14 of Article 12;
h) Articles 15 and 17;
i) Point b Clause 3;
Points a, c, d, and g Clause 5; Points a, b, and c Clause 6 of Article 20;
k) Clauses 2, 3, 4, and 5
of Article 23;
l) Articles 24 and 25;
m) Clauses 1 and 3 of
Article 23;
n) Articles 31, 33, 35,
and 36.
4. Chiefs of police
forces of communes, Chiefs of police stations, Chiefs of police stations of
border checkpoints and export-processing zones shall, within their assigned
tasks and functions concerning road traffic order and safety, have the
authority to impose penalties for the violations prescribed in specific Points,
Clauses, and Articles of this Decree as follows:
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b) Points d, e, g, and i
Clause 1; Points a, d, e, g, h, i, and k Clause 2; Points b, c, e, g, and k
Clause 3; Points b, d, and dd Clause 4 of Article 7;
i) Point b Clause 2;
Points a, c, d, and g Clause 3; Points a, b, and c Clause 4 of Article 8;
d) Points a, b, c, d, dd,
e, g, h, i, k, l, m, n, and o Clause 1; Clause 2; Points a, b, and c Clause 3;
Points d and dd Clause 4 of Article 9;
dd) Clause 1; Points b
and c Clause 2 of Article 10;
e) Clauses 1 and 2 of
Article 11;
g) Clause 1; Clause 2;
Clause 3; Clause 5; Points c and d Clause 6 of Article 12;
h) Article 15;
i) Clause 1 Article 17;
k) Point b Clause 3 of
Article 20;
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m) Clause 1 of Article
35.
5. Road inspectors and
persons assigned to carry out road inspection tasks shall, within their
assigned tasks and functions, have the authority to impose penalties for the
violations prescribed in specific Points, Clauses, and Articles of this Decree
as follows:
a) Clause 1; Points a, b,
c, d, and e Clause 2; Clause 3; Clause 4; Clause 5; Point a Clause 6; Points a,
d, g, and h Clause 7; Points a and b Clause 8 of Article 26; Point a Clause 2;
Points i and l Clause 7; Point b Clause 8; Point a Clause 9; Point c Clause 16;
Points a and b Clause 17 of Article 32 when engaging in inspection and
examination work at transport units, stations, parking lots, rest areas, and
units implementing transport support services;
b) Articles 39 and 40.
Article 42. Authority
to impose penalties of Presidents of People’s Committees at all levels
1. Presidents of People’s
Committees of communes shall be entitled to:
a) Issue warnings;
b) Impose a fine of up to
5.000.000 VND;
c) Confiscate the
exhibits and instruments used for committing administrative procedures with
values of up to 10.000.000 VND;
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2. Presidents of People’s Committees of districts shall be
entitled to:
a) Issue warnings;
b) Impose a fine of up to
37.500.000 VND;
c) Suspend licenses,
professional practice certificates, or operations for a fixed period of time;
d) Confiscate the
exhibits and instruments used for committing administrative procedures;
dd) Apply the remedial
measures prescribed in Clause 3 Article 3 (excluding Point c Clause 3 Article
3) of this Decree.
3. Presidents of People’s Committees of provinces shall be
entitled to:
a) Issue warnings;
b) Impose a fine of up to
75.000.000 VND;
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d) Confiscate the
exhibits and instruments used for committing administrative procedures;
dd) Apply the remedial
measures prescribed in Clause 3 Article 3 of this Decree.
Article 43. Authority
to impose penalties of People’s Public Security
1. On-duty officers of the People’s Public Security shall have
the authority to:
a) Issue warnings;
b) Impose a fine up to
500.000 VND.
2. Heads of company-level Mobile Police Units, Station Heads,
or Team Leaders of the persons prescribed in Clause 1 of this Article shall
have the authority to:
a) Issue warnings;
b) Impose a fine up to
1.500.000 VND.
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a) Issue warnings;
b) Impose a fine up to
2.500.000 VND;
c) Confiscate the exhibits
and instruments used for committing administrative procedures with values of up
to 5.000.000 VND;
d) Apply the remedial
measures prescribed in Points a and b Clause 3 Article 3 of this Decree.
4. District-level Police Chiefs; the Head of the Professional
Division of the Traffic Police Department; the Head of the Professional
Division of the Police Department for Administrative Management of Social
Order; the Chiefs of provincial Police Departments, including Chiefs of Police
Divisions for Administrative Management of Social Order, Chiefs of Traffic
Police Divisions, Chiefs of Mobile Police Divisions, and Colonels of Mobile
Police Regiments shall have the authority to:
a) Issue warnings;
b) Impose a fine of up to
15.000.000 VND;
c) Suspend licenses,
professional practice certificates, or operations for a fixed period of time;
d) Confiscate the
exhibits and instruments used for committing administrative procedures with
values of up to 30.000.000 VND;
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5. Directors of the provincial Police Departments shall have
the authority to:
a) Issue warnings;
b) Impose a fine of up to
37.500.000 VND;
c) Suspend licenses,
professional practice certificates, or operations for a fixed period of time;
d) Confiscate the
exhibits and instruments used for committing administrative procedures;
dd) Apply the remedial
measures prescribed in Clause 3 Article 3 (excluding Point c Clause 3 Article 3)
of this Decree.
6. The Director General of the Traffic Police Department,
Director General of the Police Department for Administrative Management of
Social Order, and Commander of the Mobile Police shall have the authority to:
a) Issue warnings;
b) Impose a fine of up to
75.000.000 VND;
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d) Confiscate the
exhibits and instruments used for committing administrative procedures;
dd) Apply the remedial measures
prescribed in Clause 3 Article 3 (excluding Point c Clause 3 Article 3) of this
Decree.
Article 44. Authority
to impose penalties of specialized inspectors
1. Inspectors and persons
authorized to carry out specialized inspection tasks who are on duty shall have
the authority to:
a) Issue warnings;
b) Impose a fine of up to
500.000 VND;
c) Confiscate the
exhibits and instruments used for committing administrative procedures with
values of up to 1.000.000 VND;
d) Apply the remedial
measures prescribed in Points a and b Clause 3 Article 3 of this Decree.
2. Chief Inspectors of Transport Departments shall have the
authority to:
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b) Impose a fine of up to
37.500.000 VND;
c) Suspend licenses,
professional practice certificates, or operations for a fixed period of time;
d) Confiscate the
exhibits and instruments used for committing administrative procedures with
values of up to 75.000.000 VND;
dd) Apply the remedial
measures prescribed in Clause 3 Article 3 of this Decree.
3. Chief Inspectors of provinces and centrally affiliated
cities (in cases where Transport Departments’ Inspectorates are not
established) shall have the authority to:
a) Issue warnings;
b) Impose a fine of up to
52.500.000 VND;
c) Suspend licenses,
professional practice certificates, or operations for a fixed period of time;
d) Confiscate the
exhibits and instruments used for committing administrative procedures with
values of up to 105.000.000 VND;
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4. The Chief Inspector of the Ministry of Transport of
Vietnam, Department for Roads of Vietnam, and Director of Vietnam Register
shall have the authority to:
a) Issue warnings;
b) Impose a fine of up to
75.000.000 VND;
c) Suspend licenses,
professional practice certificates, or operations for a fixed period of time;
d) Confiscate the
exhibits and instruments used for committing administrative procedures;
dd) Apply the remedial
measures prescribed in Clause 3 Article 3 of this Decree.
Article 45. Principles
of determining authority to impose penalties for administrative violations and
apply remedial measures
1. Principles of
determining the authority to impose penalties for administrative violations and
apply remedial measures concerning road traffic order and safety shall comply
with Article 52 of the Law on Administrative Violation Handling.
2. The fines prescribed
in Articles 42, 43, and 44 of this Decree shall apply to individuals; the fines
that can be imposed on organizations shall be twice the fines imposed on
individuals.
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Article 46. Authority
to formulate records of administrative violations against regulations on road
traffic order and safety
1. Titles with the
authority to impose fines for administrative violations against regulations on
road traffic order and safety are prescribed in Articles 42, 43, and 44 of this
Decree.
2. Officials of Transport
Departments’ Inspectorates who are on duty shall have the authority to
formulate records of violations incurred in areas under the management of
Transport Departments’ Inspectorates.
Section 2. PENALTY
IMPOSITION PROCEDURES
Article 47. Procedures
for imposing penalties and principles of imposing penalties on vehicle owners
and vehicle operators committing violations against regulations concerning road
traffic order and safety
1. Where the owner of the
violating vehicle is present at the scene of the violation, the competent
person shall, based on the violation, formulate an administrative violation
record and impose a specific fine as prescribed by the law.
2. Where the owner of the
violating vehicle is not present at the scene of the violation, the competent
person shall, based on the violation, formulate an administrative violation
record for the vehicle owner and impose a specific fine as prescribed by the
law. The vehicle operator shall sign the administrative violation record as the
witness.
3. Where the same
violator commits various violations prescribed in Chapter II of this Decree,
penalties shall be imposed as follows:
a) Penalties for
violations against regulations on number plates, vehicle registration
certificates, and temporary vehicle registration certificates prescribed in
Article 13 (Point a Clause 4; Point a Clause 6; Points a and b Clause 7; Point
a Clause 8), Article 14 (Points a, b, and c Clause 2; Point a Clause 3),
Article 16 (Point a Clause 1; Points a, c, d, and dd Clause 2), and the
corresponding violations prescribed in Article 32 (Points dd, e, and h Clause
8; Point dd Clause 9; Points a and b Clause 12; Point d Clause 13) where the
vehicle owner operates the vehicle directly shall be imposed according to the
corresponding Points and Clauses of Article 32 of this Decree;
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c) Penalties for
violations against regulations on driving time and rest time between two
consecutive driving sessions of drivers and badges prescribed in Article 20
(Point d Clause 6, Clause 7), Article 21 (Point b Clause 5, Point c Clause 6),
and the corresponding violations prescribed in Article 32 (Point d Clause 9,
Point dd Clause 11) where the vehicle owner operates the vehicle directly shall
be imposed according to the corresponding Points and Clauses of Article 32 of
this Decree;
d) Penalties for
violations against regulations on vehicles' service life prescribed in Article
13 (Point a Clause 9) and the corresponding violations prescribed in Article 32
(Point c Clause 17) where the vehicle owner operates the vehicle directly shall
be imposed according to Point c Clause 17 Article 32 of this Decree;
dd) Penalties for
violations against regulations on vehicles' service life prescribed in Article
13 (Point c Clause 5), and the corresponding violations prescribed in Article
26 (Point i Clause 7) where the individual engaging in the transport business
operates the vehicle directly shall be imposed according to Point i Clause 7
Article 26 of this Decree;
e) Penalties for
violations against regulations on the size of trunks and goods bays and the
number of seats and beds on automobiles prescribed in Article 13 (Point d
Clause 3, Point b Clause 4) and the corresponding violations prescribed in
Article 32 (Point d Clause 11, Point h Clause 14) where the vehicle owner
operates the vehicle directly shall be imposed according to the corresponding
Points and Clauses of Article 32 of this Decree;
g) Penalties for
violations on the installation and use of tachographs and driver image
recording devices on automobiles prescribed in Article 20 (Point l Clause 5,
Point dd Clause 6), Article 21 (Point b Clause 3, Point c Clause 5), Article 27
(Point c Clause 1, Point a Clause 3), and the corresponding violations
prescribed in Article 26 (Points c and g Clause 7) where the individual
engaging in the transport business operates the vehicle directly shall be
imposed according to the corresponding Points and Clauses of Article 26 of this
Decree;
h) Penalties for
violations on the installation and use of tachographs and driver image
recording devices on automobiles prescribed in Article 29 (Clauses 1 and 3),
Article 30 (Clauses 1 and 2), and the corresponding violations prescribed in
Article 32 (Points m and n Clause 7) where the vehicle owner operates the
vehicle directly shall be imposed according to the corresponding Points and
Clauses of Article 32 of this Decree;
i) Penalties for
violations against regulations on seat belts and instructions on traffic safety
and emergency exit for passengers upon incidents on vehicles prescribed in
Article 20 (Points h and I Clause 3) and the corresponding violations
prescribed in Article 26 (Point c Clause 2, Point dd Clause 4) where the
individual engaging in the transport business operates the vehicle directly
shall be imposed according to the corresponding Points and Clauses of Article
26 of this Decree;
k) Penalties for
violations against regulations on picking up and dropping off passengers and
loading and unloading goods prescribed in Article 20 (Clause 8), Article 21
(Clause 9), and the corresponding violations prescribed in Article 26 (Point c
Clause 8) where the individual engaging in the transport business operates the
vehicle directly shall be imposed according to Point c Clause 8 Article 26 of
this Decree;
l) Penalties for
violations against regulations on specialized equipment and tools for road
traffic rescue and rescue support prescribed in Article 29 (Clause 2) and the
corresponding violations prescribed in Article 32 (Point o Clause 7) where the
vehicle owner operates the vehicle directly shall be imposed according to Point
o Clause 7 Article 32 of this Decree;
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n) Penalties for
violations against regulations on paint colors and signs indicating preschool
children-carrying vehicles prescribed in Article 27 (Points c and d Clause 3)
and the corresponding violations prescribed in Article 26 (Points c and d
Clause 6) where the individual engaging in the transport business operates the
vehicle directly shall be imposed according to the corresponding Points and
Clauses of Article 26 of this Decree;
o) Penalties for
violations against regulations on carrying oversized and overweight goods,
goods exceeding the maximum permissible payload, and passengers beyond the
permissible limit prescribed in Articles 20, 21, 22, 34, and the corresponding
violations prescribed in Article 32 where the vehicle owner operates the
vehicle directly shall be imposed according to Article 32 of this Decree;
p) Penalties for
violations against regulations on transporting goods being transport vehicles,
machinery, technical devices, or cylindrical goods prescribed in Article 21
(Point a Clause 10) and the corresponding violations prescribed in Article 32
(Point dd Clause 13) where the vehicle owner operates the vehicle directly
shall be imposed according to Point dd Clause 13 Article 32 of this Decree;
q) Penalties for
violations against regulations on posting up information (driving schedule)
prescribed in Article 20 (Point k Clause 3) and the corresponding violations
prescribed in Article 26 (Point g Clause 4) where the individual engaging in
the transport business operates the vehicle directly shall be imposed according
to Point g Clause 4 Article 26 of this Decree;
r) Penalties for
violations against regulations on failure to carry out the posted information
(transport routes, schedules, and itineraries) prescribed in Article 20 (Point
c Clause 3) and the corresponding violations prescribed in Article 26 (Point b
Clause 7) where the individual engaging in the transport business operates the
vehicle directly shall be imposed according to Point b Clause 7 Article 26 of
this Decree;
s) Penalties for
violations against regulations on transport orders and permits prescribed in
Article 20 (Point e Clause 5), Article 21 (Point dd Clause 2), and the
corresponding violations prescribed in Article 26 (Point dd Clause 2) where the
individual engaging in the transport business operates the vehicle directly
shall be imposed according to Point dd Clause 2 Article 26 of this Decree;
t) Penalties for
violations against regulations on transporting dangerous goods without cleaning
them or failing to remove the danger logo on the vehicle when discontinuing the
transport of such goods prescribed in Article 23 (Clause 1) and the corresponding
violations prescribed in Article 26 (Point e Clause 2) where the individual
engaging in the transport business operates the vehicle directly shall be
imposed according to Point e Clause 2 Article 26 of this Decree.
4. Regarding violations
against regulations on the payload and dimensional limit of vehicles and roads
prescribed in Articles 21 and 34 of this Decree, if the vehicle owner or
vehicle operator violates both violations prescribed in Articles 21 and 34 of
this Decree, he/she shall face a penalty for each violation; regarding
violations prescribed in Point a Clause 4 and Point a Clause 5 Article 34 of
this Decree, if the vehicle owner or vehicle operator commits violations
concerning both GVW and GAW, whichever violations lead to a higher fine shall
be met with penalties.
5. Regarding violations
against regulations on the use of roadways and sidewalks for improper purposes,
environmental protection, and transport of passengers beyond the vehicle’s
permissible limit, violations against regulations on the payload and
dimensional limit of vehicles and roads, and violations against regulations on
securing transport goods prescribed in Articles 12, 17, 20, 21, 26, 32, and 34
of this Decree, vehicle operators, vehicle owners, units engaging in the
transport business or providing transport support services, organizations, and
individuals committing violations or loading goods onto automobiles shall be
compelled to cease the violations as follows:
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b) Any entity that
commits the violations prescribed in Clauses 2, 3, and 4 of Article 17 shall be
compelled to remove the trash, waste, supplies, and goods under the guidelines
of competent forces where violations are detected;
c) Any entity that
commits the violations prescribed in Points a, b, and d Clause 2; Points a and
d Clause 5; Points a and b Clause 6; Clause 7; Points a and b Clause 8 of
Article 21 shall be compelled to unload the goods exceeding the permissible
payload or the dimensional limit under the guidelines of competent forces where
violations are detected;
d) Any entity that
commits the violations prescribed in Point a Clause 1; Clause 3; Clause 5 of
Article 26 shall be compelled to unload the goods beyond the vehicle’s
permissible payload if the loaded vehicle has yet to leave the loading area;
dd) Any entity that
commits the violations prescribed in Points dd, e, and g Clause 7; Point c
Clause 9; Points b and c Clause 11; Points a, b, and c Clause 13; Points a, b,
c, d, dd, e, and g Clause 14; Clause 15; Points a and b Clause 16; Point b
Clause 17 of Article 32 shall be compelled to unload the goods exceeding the
permissible payload and dimensional limit under the guidelines of competent
forces where violations are detected;
e) Any entity that
commits the violations prescribed in Clause 1; Clause 2; Points a, c, and d
Clause 3; Clause 4; Clause 5 of Article 34 shall be compelled to unload the
goods exceeding the permissible payload and dimensional limit under the
guidelines of competent forces where violations are detected;
g) Any entity that commits
the violations prescribed in Clauses 2 and 4 of Article 20; Clause 5, Clause 6,
and Points d and dd Clause 17 of Article 32 shall be compelled to arrange
another vehicle to carry the number of passengers carried beyond the vehicle’s
permissible limit;
h) Any entity that
commits the violations prescribed in Clause 1, Point dd Clause 8, and Clause 10
of Article 21 shall be compelled to secure goods in compliance with
regulations; unload the goods on top of the cockpit; secure or close (in a
fixed manner) the back and side doors of the vehicle’s trunk; secure the
container locking mechanism in compliance with regulations.
6. For the purpose of
this Decree, the vehicle owner to be met with penalties is:
a) The individual or
organization that is the holder of the vehicle registration certificate;
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c) The individual or
organization renting the vehicle if the vehicle is leased out by an
organization licensed to engage in finance leasing;
d) The cooperative that
owns the vehicle and applies for registration of the automobile transport
business;
dd) The organization or
individual with legal use rights to the vehicle (under a written vehicle rental
contract with other organizations or individuals or a business cooperation
contract according to the law) that carries out the procedure for registration
of automobile transport business for the vehicle or the provision of road traffic
rescue and emergency services;
e) The organization or
individual that purchases, receives, or inherits the vehicle if the vehicle has
not undergone the procedure for the issuance of the vehicle registration
certificate and number plate or the procedure for the issuance of the vehicle
registration certificate in case of ownership transfer;
g) The owner of the
automobile that is in a vehicle combination (the vehicle is towing a trailer or
semi-trailer on roads) who does not own the trailer or semi-trailer (the
organization or individual prescribed in Point a of this Clause or the
individual or organization prescribed in Points b, c, d, dd, and e of this
Clause) regarding violations concerning the towed trailers and semi-trailers on
roads.
7. When imposing a
penalty on any of the vehicle owners prescribed in Clause 6 of this Article,
the time limit for issuing a penalty decision may be extended to verify the
entity subject to the penalty according to Clause 1 Article 66 of the Law on
Administrative Violation Handling.
8. Where an
administrative violation is detected through professional technical equipment
and devices but the competent agency is unable to bring the vehicle to a halt
for handling:
a) The competent agency
shall send a notice to request the vehicle owner and relevant organizations and
individuals (if any) to come to the headquarters of the agency or unit of the
person competent to impose penalties for administrative violations to settle
the violation. The notice shall be sent in written form or electronic form
through the traffic application on mobile devices for citizens (hereinafter
referred to as “traffic application on mobile devices”) developed, managed, and
operated by the Ministry of Public Security of Vietnam when the conditions for
infrastructures, technical matters, and information are met; information on the
violating vehicle shall be updated on the website of the Traffic Police
Department;
b) The vehicle owner
shall cooperate with the competent agency to identify the person who operates
the vehicle when the violation is committed.
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Where the vehicle owner
being an organization fails to cooperate with the competent agency or fails to
provide explanations to identify the vehicle operator when the violation is
committed, it shall face the penalty applicable to organizations for the
detected violation, excluding cases where the vehicle is appropriated or used
illegally;
c) The transfer of the
results collected through the professional technical equipment and devices to
the competent person to formulate an administrative violation record and issue
a decision on penalties for administrative violations shall comply with the
regulations of the Government of Vietnam on the list of professional technical
equipment and devices and management and use thereof and the process of
collecting and using the data collected from the technical equipment and
devices provided by individuals and organizations to detect administrative
violations.
9. The person competent
to impose penalties may use the information in the database on road traffic
order and safety according to the Law on Road Traffic Order and Safety, the Law
on Administrative Violation Handling, and measurement laws as the grounds to
determine the violations of individuals and organizations when they commit any
of the violations prescribed in this Decree.
10. The verification to
detect the violations prescribed in Point a Clause 3 and Point h Clause 7
Article 32 of this Decree shall be carried out through the investigation and
settlement of road traffic accidents, vehicle registration, and handling of
administrative violations at units’ headquarters.
11. Where the violator
fails to settle the violation as per regulation or fails to comply with the
penalty decision after the time limit for settling the violation prescribed in
the administrative violation record or the notice of the person competent to
impose penalties or after the time limit to for implementing the penalty
decision, the competent person shall issue notices to the vehicle inspection
agency (regarding vehicles subject to vehicle inspection), the vehicle
registration agency, the driving license issuance agency (if the person
committing the violation is identified). The notices shall be sent in written
form or electronic form through data connection and sharing when the conditions
for infrastructures, technical matters, and information are met.
a) The vehicle inspection
agency, vehicle registration agency, and driving license issuance agency shall,
before carrying out the vehicle inspection, vehicle registration, and issuance,
exchange, and re-issuance of the driving license, look up the data on the
violating vehicle and the violator sent by the Traffic Police Department via
notices;
b) While looking up the
data under Point a of this Clause, if there is information on the violating
vehicle and/or the violator, suspend the inspection or registration of the
violating vehicle or the issuance, exchange, or re-issuance of the driving
license for the violator;
c) After the vehicle
owner or violator has settled the violation according to regulations, the
person competent to impose penalties shall issue written or electronic notices
to the vehicle inspection agency, vehicle registration agency, and driving
license agency to implement the vehicle inspection or registration or issuance,
exchange, or re-issuance of the driving license as per regulation.
12. Decisions on
penalties for administrative violations, decisions on confiscation of exhibits,
instruments, licenses, practicing certificates under specific administrative
violations, and other templates in the handling of administrative violations
shall be sent under the Law on Administrative Violation Handling; the mentioned
decisions may be sent to the violators following the accounts registered on the
National Public Service Portal or Public Service Portal of the Ministry of
Public Security of Vietnam (hereinafter referred to as “Public Service Portal”)
or electronic identification accounts on the national identification application
or the traffic application on mobile devices when the conditions for
infrastructures, technical matters, and information are met.
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1. To prevent
administrative violations, the competent person may confiscate the relevant
vehicle before issuing a penalty decision under Point b Clause 1, Clause 2, and
Clause 8 Article 125 of the Law on Administrative Handling regarding the
violations prescribed in the following Articles, Clauses, and Points of this
Decree:
a) Point g Clause 5;
Point c Clause 6; Point b Clause 7; Point b Clause 9; Points a, b, c, and d
Clause 11; Clause 12; Clause 14 of Article 6;
b) Point a Clause 6;
Point b Clause 7; Point b Clause 8; Points a, b, d, dd, e, g, h, i, and k
Clause 9; Clause 11 of Article 7;
c) Point c Clause 6;
Point a Clause 7; Point b Clause 8; Points a, b, c, and d Clause 9 of Article
8;
d) Point p Clause 1;
Point d Clause 3; Points b, c, and d (in case the violator is a person under 16
years old operating the vehicle) Clause 4; Clause 5 of Article 9;
dd) Clause 10 (in case
the violator is the person operating the vehicle); Point a Clause 14 (in case
the violator is the person operating the vehicle) of Article 12;
e) Point a Clause 4;
Points a and b Clause 5; Clause 6; Point b Clause 7; Point a Clause 8; Clause 9
of Article 13;
g) Points a and b Clause
2; Point a Clause 3; Clause 4 of Article 14;
h) Points a and dd Clause
1; Points b, c, d, and dd Clause 2; Clause 3 of Article 16;
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k) Clause 2 of Article
19;
l) Points b, dd, e, and h
Clause 8; Points b and dd Clause 9; Clause 10; Point a Clause 11; Points a, b,
and d Clause 12; Point d Clause 13; Point i Clause 14; Point c Clause 16;
Clause 17 of Article 32;
m) Point b Clause 5 of
Article 34;
n) Clause 3 of Article
35;
o) Other violations
prescribed in this Decree in cases requiring immediate prevention of
administrative violations that will cause severe consequences to society if the
confiscation is not carried out.
2. To ensure the
implementation of the decision on penalty for administrative violations or
verify specific circumstances serving as the grounds to issue the penalty
decision, the competent person may decide to confiscate the vehicle and
documents relevant to the operator and the vehicle committing any of the
violations prescribed in this Decree under Points a and c Clause 1; Clause 2;
Clause 6; Clause 7; Clause 8 Article 125 of the Law on Administrative Violation
Handling. Upon the confiscation of documents under Clause 6 Article 125 of the
Law on Administrative Violation Handling, if the violator fails to settle the
violation as per regulation after the time limit for settling the violation
prescribed in the administrative violation record and continues to operate or
bring the vehicle into traffic, he/she shall face the penalty for not having
the prescribed documents.
3. Where a vehicle
operator fails to present one, several, or all of the relevant documents
(driving license, vehicle registration certificate (or a certified copy of the
vehicle registration certificate enclosed with an unexpired original copy of
the receipt of a credit institution or foreign bank branch in case such entity
holds the original copy of the vehicle registration certificate), and technical
and environmental safety certificate) according to regulations (paper copies or
the information of the documents integrated into the electronic identification
account), he/she shall be handled as follows:
a) The competent person
shall formulate an administrative violation record for failure to have the
prescribed documents for the vehicle operator (corresponding to the document
types the vehicle operator fails to present) while formulating an
administrative violation record for the vehicle owner for the corresponding
violations prescribed in Article 32 of this Decree and confiscating the vehicle
under regulations;
b) Within the time limit
for settling the violation prescribed in the administrative violation record,
if the operator of the transport business vehicle presents the documents or
information of the documents integrated into the electronic identification
account according to regulations, the competent person shall issue a decision
on the penalty for failure to carry the prescribed documents to the vehicle
operator without imposing a penalty on the vehicle owner;
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d) If the violator
presents or fails to present the documents or information of the documents
integrated into the electronic identification account according to regulations
after the time limit for settling the violation prescribed in the
administrative violation record, he/she shall comply with the decision on the
penalty for the administrative violation for the violation specified in the
administrative violation record.
4. When a vehicle is
confiscated under Clauses 1, 2, and 3 of this Article, the vehicle owner shall
pay all costs (if any) of the use of an alternative vehicle for transporting
passengers or goods carried on the confiscated vehicle.
Where a vehicle involved
in an administrative violation is confiscated, but the vehicle operator or
vehicle owner is not present at the scene of the violation or is present but
fails to comply with the request of the competent person or the prescribed
requirements or conditions for operating the vehicle or the vehicle fails to
ensure technical and environmental safety as per regulation, the competent
person shall move the violating vehicle to the confiscation place as per
regulation; if specific conditions are insufficient, the competent person may
hire another organization or individual to move the mentioned vehicle. The
operator or owner of the violating vehicle shall pay the cost of transferring
the vehicle to the confiscation place.
Section 3. AUTHORITY
AND PROCEDURES FOR DEDUCTING AND RESTORING DRIVING LICENSE POINTS
Article 49. Data on
points, deduction of points, and restoration of points of driving licenses
Data on points, deduction
of points, and restoration of points of driving licenses shall be managed and
stored online and in the database on the handling of administrative violations
against regulations on road traffic order and safety developed, managed, and
operated by the Ministry of Public Security of Vietnam.
Article 50.
Principles, authority, and procedures for deducting driving license points
1. Principles of driving
license point deduction
a) The driving license
point deduction shall be carried out immediately after the effective date of
the decision on administrative violation penalties regarding the violations
prescribed in this Decree subject to driving license point deduction;
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c) If the remaining
points of the license are less than the number of points to be deducted, deduct
all points;
Where the driving license
is integrated with the indefinite driving license (motorcycles or vehicles
similar to motorcycles) and the definite driving license (automobiles, vehicles
similar to automobiles, four-wheeled motorized vehicles for passenger
transport, or four-wheeled motorized vehicles for goods transport), the
competent person shall deduct the points of the indefinite driving license if
the operator operates a motorcycle or a vehicle similar to motorcycles or the
definite driving license if the operator operates an automobile, a vehicle
similar to automobiles, a four-wheeled motorized passengers transport vehicle,
or a four-wheeled goods transport vehicle when the administrative violation
subject to driving license point deduction is committed;
dd) The driving license
point shall not be carried out if the driving license is already suspended.
2. Authority to deduct
driving license points
Persons competent to
apply the penalties of definite suspension of the use of practicing licenses
and certificates or definite suspension of operations according to Chapter II
of the Second Part of the Law on Administrative Violation Handling and Section
1 of Chapter III of this Decree and competent to impose penalties for
administrative violations regarding the violations subject to driving license
point deduction shall be competent to deduct driving license points for such
violations.
3. Procedure for deducting
driving license points
a) After the decision on
the administrative violation penalty comes into force, the data on driving
license point deduction of the person subject to the penalty shall be
automatically updated to the database on the handling of administrative
violations against regulations on road traffic order and safety and the person
competent to deduct driving license points shall issue a notice to the person
subject to the driving license point deduction for his/her acknowledgment.
Where the President of
the People’s Committee of the district or the President of the People’s
Committee of the province issues a decision on administrative violation penalty
for a violation subject to driving license point deduction, the district-level
Police Chief or the Chief of the Traffic Police Division of the provincial
Police Department shall update the data on driving license point deduction to
the database on the handling of administrative violations against regulations
on road traffic order and safety;
b) The notice of the
driving license point deduction shall be made in writing following the
prescribed form of the Minister of Public Security of Vietnam and delivered in
person or sent through postal services or online through the citizen account
registered on the public service portal or traffic application on mobile
devices when conditions for infrastructures, technical matters, and information
are met; at the same time, the information on the driving license subject to
point deduction shall be updated on the website of the Traffic Police
Department. Where the driving license is displayed in the form of data
messages, the competent agency or person shall update the driving license point
deduction status to the electronic identification or the electronic
identification account on the national identification application.
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1. Authority to restore
driving license points
a) The Director General
of the Traffic Police Department shall manage and operate the database on the
handling of administrative violations against regulations on road traffic order
and safety to update and automatically restore driving license points for the
cases prescribed in Clause 2 of this Article;
b) The Director General
of the Traffic Police Department and the Chief of the Traffic Police Division,
where the examination of the knowledge of the law on road traffic order and
safety, shall be competent to restore driving license points for the cases
prescribed in Clause 3 of this Article.
2. Procedure for
restoring driving license points regarding cases where driving licenses have
not had all of their points deducted or are not subject to point deduction
within 12 months from the latest instance of point deduction
a) After 12 months from
the nearest date of driving license point deduction, the data on driving
license points shall be automatically restored to 12 points (including driving
license points that are being suspended) and automatically updated to the database
on the handling of administrative violations against regulations on road
traffic order and safety;
b) After the data on
driving license points is restored, the database on the handling of
administrative violations against regulations on road traffic order and safety
shall automatically transfer the information on the notice to the person
eligible for the restoration of driving license points for his/her
acknowledgment according to Point c of this Clause;
c) The notice of the
driving license point restoration shall be sent online through the citizen
account registered on the public service portal or traffic application on
mobile devices; at the same time, the information on the driving license
eligible for the point restoration shall be updated on the website of the
Traffic Police Department. Where the driving license is displayed in the form
of data messages, the driving license point restoration status shall be updated
to the electronic identification or the electronic identification account on
the national identification application.
3. Procedure for
restoring driving license points for cases where all points are deducted from
driving licenses
a) After the person whose
driving license has no points left participates in the examination of the
knowledge of the law on road traffic order and safety and achieves a qualified
result, the result shall be updated to the software for examining the knowledge
of the law on road traffic order and safety and undergone the data
synchronization with the database on the handling of administrative violations
against regulations on road traffic order and safety. The data on driving
license points shall be restored to 12 points and automatically updated to the
database on the handling of administrative violations against regulations on
road traffic order and safety;
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c) The notice of the
driving license point restoration shall be made in writing following the
prescribed form of the Minister of Public Security of Vietnam and delivered in
person or sent through postal services or online through the citizen account
registered on the public service portal or traffic application on mobile
devices; at the same time, the information on the driving license subject to
point restoration shall be updated on the website of the Traffic Police
Department. Where the driving license is displayed in the form of data
messages, the competent agency or person shall update the driving license point
restoration status to the electronic identification or the electronic
identification account on the national identification application.
Chapter IV
IMPLEMENTATION PROVISIONS
Article 52. Amendments
to Decree No. 100/2019/ND-CP dated December 30, 2019 of the Government of
Vietnam on penalties for administrative violations concerning road traffic and
railway traffic amended by Decree No. 123/2021/ND-CP dated December 28, 2021 of
the Government of Vietnam on amendments to Decrees on administrative penalties
for maritime offenses; road traffic offenses and railway transport offenses;
civil aviation offenses
1. Clause 2a is added after Clause 2 Article 1:
“2a. Regarding penalties,
fines, and remedial measures for each administrative violation; authority to
formulate records, authority to impose penalties, and specific fines by each
title concerning road traffic order and safety, apply specific Decrees on
penalties for administrative violations against regulations on road traffic
order safety; driving license point deduction and restoration”.
2. Amendments to Clause 6
Article 28:
a) Amendments to Point d
Clause 6 Article 28:
“d) Failing to comply
with the registered and posted fees, service prices, and standard quality of
transport services and transport support services;”;
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“i) Using a transport business
vehicle whose quality fails to ensure the conditions of the registered
business;”.
3. Amendments to Points a and b Clause 10 Article 28:
“a) Suspension of badges
of violating vehicles from 1 to 3 months (available or issued) in case of
committing the violations prescribed in Points a, b, d, dd, h, l, o, p, r, s,
and t Clause 4; Points d, i, k, l, n, and q Clause 6; Point e Clause 7 of this
Article;
b) Suspension of business
transport licenses from 1 to 3 months in case of committing the violations
prescribed in Points i and k Clause 4; Point h Clause 6; Point b Clause 7 of
this Article;”.
4. Amendments to Point m Clause 11 Article 28:
“h) Enforced installation
of taximeters and receipt printers on vehicles in compliance with regulations
in case of committing the violations prescribed in Point n Clause 6 of this
Article;”.
5. Amendments to a number
of Points and Clauses of Article 74:
a) Amendments to Point b
Clause 2 Article 74:
“b) Points a, b, d, and
dd Clause 2; Points b, c, d, and e Clause 3; Clause 4; Point b Clause 5; Points
a, b, c, d, and h Clause 6 of Article 12;”;
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“e) Points a, b, c, d,
dd, and i Clause 2; Points a, b, c, d, dd, and p Clause 4; Points d, i, n, and
q Clause 6; Points a, b, and c Clause 7 of Article 28;”;
c) Amendments to Point g
Clause 2 Article 74:
“g) Article 31;”;
d) Amendments to Point m
Clause 5 Article 74:
“m) Points a, b, c, d,
dd, and i Clause 2; Points b and c Clause 3; Points a, b, c, d, dd, h, i, k, l,
m, n, o, p, r, s, and t Clause 4; Points a, b, d, h, i, k, l, n, and q Clause
6; Points a, b, c, d, e, g, and k Clause 7; Points c and d Clause 8 of Article
28;”;
dd) Amendments to Point o
Clause 5 Article 74:
“o) Article 31;”.
6. Amendments to a number
of Points and Clauses of Article 80:
a) Amendments to Point i
Clause 3 Article 80:
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b) Amendments to Point l
Clause 3 Article 80:
“l) Penalties for
violations against regulations on the business of passenger transport under
contracts prescribed in Article 23 (Point n Clause 5) and the corresponding
violations prescribed in Article 28 (Point p Clause 4) where the individual
engaging in the transport business operates the vehicle directly shall be
imposed according to the corresponding Points and Clauses of Article 28 of this
Decree;”;
c) Amendments to the
first paragraph of Clause 5 of Article 80:
“5. Regarding violations
against regulations on the permissible number of passengers on vehicles and
regulations on the payload of vehicles, bridges, and roads prescribed in
Article 65 of this Decree, vehicle operators, vehicle owners, units engaging in
the transport business or providing transport support services, organizations,
and individuals loading goods onto railway traffic vehicles shall be compelled
to cease the violations as follows:”.
7. Amendments to Clause 4 Article 82:
“4. When a vehicle is
confiscated under Clause 2 of this Article, the vehicle owner shall pay all
costs (if any) of the use of an alternative vehicle for transporting passengers
or goods carried on the confiscated vehicle.”.
8. The following Points,
Clauses, and Articles shall be annulled:
a) Clause 1 of Article 3;
b) Points b, e, g, k, l,
m, q, r, t, u, v, x, and y Clause 2 of Article 4;
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d) Articles 5, 6, 7, 9,
8, 10, and 11;
dd) Clause 1; Point c
Clause 2; Points a and dd Clause 3; Points c and d Clause 5; Points e, g, and i
Clause 6; Clause 7; Point a Clause 8 of Article 12;
e) Articles 16, 17, 18,
19, 20, 21, and 22;
g) Point a Clause 1;
Clause 2; Points a, b, c, d, dd, e, g, h, k, m, and n Clause 3; Clause 4;
Points a, b, c, d, dd, e, h, i, k, l, m, o, p, and q Clause 5; Clause 6; Clause
7; Clause 7a of Article 23;
h) Clause 1; Clause 2;
Clause 3; Points b and c Clause 4; Clause 5; Clause 6; Clause 7; Clause 8;
Clause 8a; Clause 9 of Article 24;
i) Articles 25, 26, and
27;
k) Clause 1; Points e, g,
and h Clause 2; Point a Clause 3; Points a, e, g, and q Clause 4; Clause 5;
Points c, dd, e, g, m, o, and p Clause 6; Points dd, h, and i Clause 7; Points
a and b Clause 8; Clause 9; Points c, d, and dd Clause 10; Points c, d, and i
Clause 11 of Article 28;
l) Articles 29, 30, 32,
33, 34, 35, 36, 37, and 38;
m) Points a, dd, and h
Clause 2; Points a, b, c, d, g, h, and i Clause 3; Points a, b, c, d, dd, e, i,
k, and l Clause 4; Points a, b, c, d, dd, g, h, i, k, l, n, p, and q Clause 5;
Clause 6; Points a, c, and d Clause 8 of Article 74;
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o) Points b, g, h, and i
Clause 1; Clause 6 of Article 81;
p) Clauses 1 and 3 of
Article 82.
9. The following phrases shall be removed:
a) “camera”, “dây an
toàn” (seat belts), and “thiết bị giám sát hành trình” (tachographs) in Point p
Clause 2 of Article 4;
b) “điểm a” (Point a) in
Point c Clause 1 of Article 4a;
c) “Sử dụng trái phép
lòng đường đô thị, hè phố để: Họp chợ; kinh doanh dịch vụ ăn uống; bày, bán
hàng hóa; sửa chữa phương tiện, máy móc, thiết bị; rửa xe; đặt, treo biển hiệu,
biển quảng cáo;” (illegally using roadways or sidewalks in urban areas for
market meetings, food service business; goods display and sale; vehicle,
machinery, and equipment repair; vehicle cleaning; advertising sign placement)
and “, trừ các hành vi vi phạm quy định tại điểm d, điểm đ, điểm e, điểm g
khoản 6; khoản 7; điểm a khoản 8 Điều này” (excluding the violations prescribed
in Points d, dd, e, and g Clause 6; Clause 7; Point a Clause 8 of this Article)
in Point b Clause 5 of Article 12;
d) “Điều 9, Điều 10, Điều
11,” (Articles 9, 10, and 11) in Point dd Clause 3, “Điều 32, Điều 34;”
(Articles 32 and 34) in Point k Clause 3, “điểm a khoản 2 Điều 16; điểm a khoản
6 Điều 23; điểm a khoản 2 Điều 32” (Point a Clause 2 Article 16; Point a Clause
6 Article 23; Point a Clause 2 Article 32) in Clause 3a, and “Điểm a khoản 1,”
(Point a Clause 1) in Point g Clause 4 of Article 74.
Article 53. Entry into
force
1. This Decree comes into
force as of January 1, 2025, excluding Clause 2 of this Article.
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Article 54.
Transitional provision
1. Regarding
administrative violations against regulations on road traffic order and safety
committed and ended before the effective date of this Decree that are detected
afterward or are being assessed for settlement, apply the Decree that is
effective at the time of committing the violations to impose penalties.
2. Where administrative
violations are being committed, apply the Decree effective at the time of
detecting such violations to impose penalties.
Article 55.
Implementation responsibilities
Ministers, Directors of
ministerial agencies, Directors of governmental agencies, Presidents of
People’s Committees of provinces and centrally affiliated cities, and relevant
agencies and units shall implement this Decree./.
ON BEHALF OF THE GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER
Tran Hong Ha
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