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GOVERNMENT
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SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No. 100/2019/ND-CP
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Hanoi, December
30, 2019
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DECREE
ADMINISTRATIVE
PENALTIES FOR ROAD TRAFFIC OFFENCES AND RAIL TRANSPORT OFFENCES
Pursuant to the Law on Government organization
dated June 19, 2015;
Pursuant to the Law on Penalties for
administrative violations dated June 20, 2012;
Pursuant to the Law on Road traffic dated
November 13, 2008;
Pursuant to the Law on Rail transport dated June
16, 2017;
At the request of Minister of Transport;
The Government promulgates Decree on
administrative penalties for road traffic offences and rail transport offences.
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GENERAL PROVISIONS
Article 1. Scope
1. This Decree deals with administrative
violations, penalties, fines, remedial measures, the power to impose penalties
and fines for road traffic offences and rail transport offences.
2. Other Decrees on administrative penalties for
corresponding violations shall apply to administrative violations pertaining
road traffic and rail transport that are not regulated by this Decree.
Article 2. Regulated entities
1. Organizations and individuals that commit road
traffic offences and rail transport offences within the territory of Socialist
Republic of Vietnam.
2. Organizations prescribed in Clause 1 of this
Article include:
a) Regulatory agencies committing violations that
are not related to assigned state management tasks;
b) People’s armed forces;
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d) Agencies of the Communist Party of Vietnam;
dd) Socio-political organizations,
socio-political-professional organizations, social organizations and
socio-professional organizations;
e) Economic organizations established under Law on
Enterprises include: Sole proprietorships, joint-stock companies, limited
liability companies, partnerships and entities affiliated to enterprises
(branch offices, representative offices);
g) Economic organizations established under
Cooperative Law include: Cooperatives and unions of cooperatives;
h) Organizations established under Law on
Investment include: Domestic investors, foreign investors and foreign invested
economic organizations; branch offices and representative offices of foreign
traders and enterprises in Vietnam; representative offices of foreign trade
promotion organizations in Vietnam;
i) Other organizations established as per the law.
3. Household businesses, households and artels
committing administrative offences specified in this Decree shall be sanctioned
similar to individual offenders.
4. Competent individuals capable of making records,
imposing administrative penalties and organizations and individuals relating to
imposing administrative according to this Decree.
Article 3. Term interpretation
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1. Road traffic:
a) “Tractor-trailer” means a motor vehicle
with a steering wheel that tows a trailer (which can be detached from the
tractor);
b) “Car-like vehicle” means a motor vehicle
that has two axles and four or more wheels, an engine and cargo bed (if any) of
which are on the same chassis (including electricity-powered 4-wheel vehicles);
c) “Motorcycle-like vehicle” means a motor
vehicle that has two or three wheels with a cylinder capacity of 50 cm3 or
higher, maximum speed over 50 km/h and net weight not exceeding 400 kg;
d) “Electric motorcycle” means a two-wheel
vehicle operated by an electric engine with power not exceeding 4 kW and
maximum speed not exceeding 50 km/h;
dd) “Moped” means a motor vehicle operated
by an engine, having two or three wheels with a maximum speed not exceeding 50
km/h, except those specified in Point e of this Clause;
e) “Motored bicycle” means a two-wheel
bicycle that is equipped with an engine with a maximum speed not exceeding 25
km/h. A motor bicycle is still operational with its engine off.
2. Rail transport:
a) “Humps” are a system serving railway
shunting. When the consist is shoved by a locomotive to the top of the hump
where the coaches shall be detached and propelled by gravity to various tracks
in the classification yard;
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c) “Dropping” means a method where potential
energy of the classification track is used to propel the coaches to various
tracks in the classification yard;
d) “Detachment” means a method where a group
of coaches is detached while the consist is moving;
dd) “Signaling code” means the regulations
on orders, signals and proper responses to such orders and signals;
e) “Warnings” are written notifications to
railway workers that directly serve the train operation of unusual conditions
of the railway infrastructure, the railway vehicles, and other cases, specifying
measures for ensuring train operation safety;
g) “Railway clearance” means the space along
the railway line that ensures the train is not struck against while running;
h) “Crossing length” means the length of the
part of road that crosses the railway line and lies between two barriers, or
the distance between two outer rails of the bridge plus (+) 06 meters to both
sides if no barriers are available;
i) “Length of the road-rail bridge” means
the distance between two barriers, or the distance between two abutments of the
bridge plus (+) 10 meters to both sides if no barriers are available.
Article 4. Remedial measures
and implementation principles
1. Remedial measures for damage caused by
administrative road traffic offences and rail transport offences:
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b) Enforced removal of the construction or part of
the construction that is not licensed or built against the license;
c) Enforced adoption of measures to remediate
environmental pollution caused by the violations;
d) Enforce re-export of transports from Vietnam;
dd) Enforced return of the illegal profits
generated by the violation;
e) Other remedial measures specified in Clause 2
and Clause 3 of this Article.
2. Other remedial measures in road traffic:
a) Enforced removal of objects obstructing sight of
road signs and traffic lights or enforced relocation of trees planted in
incorrect spots;
b) Enforced collection of rice, straw,
agro-forestry-fishery products, garbage, wastes, vehicles, materials, goods,
machinery, equipment, signboards, advertising panels, nails, pointy and sharp
objects, string and other materials, obstacles;
c) Enforced immediate adoption of measures to
ensure traffic safety as per the law or enforced erection of construction
notice boards containing adequate information as per the law;
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dd) Enforced addition or repair of lost or damaged
road signs and repair of damaged road infrastructure;
e) Enforced installation of adequate equipment,
replacement with equipment satisfactory to technical safety standards,
restoration of technical attributes of vehicles and equipment in accordance
with regulations and law or removal of equipment whose installation is against
the law;
g) Enforced allocation of other vehicles for
transportation of number of passengers exceeding maximum passenger capacity of
the vehicles;
h) Enforced adequate and accurate registration and
declaration of information as per the law;
i) Enforced installation of roof signs specifying
“TAXI” or enforced display of phrases “XE TAXI” (taxi), “XE HỢP DỒNG” (vehicle
operated under contracts) or “XE DU LỊCH” (vehicles for tourism);
k) Enforced issuance of “Thẻ nhận dạng lái xe”
(driver identification) for drivers as per the law;
l) Enforced organization of professional training
or periodic medical check-up for drivers and on-board staff as per the law;
m) Enforced entering into contracts with drivers
and on-board staff;
n) Enforced development and execution of procedures
to ensure traffic safety as per the law;
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p) Enforced installation of cameras, seat belts,
taximeters, receipt printers and tracking units on vehicles as per the law;
q) Enforced provision, update, transmission,
storage and management of information from the tracking units and cameras
installed on vehicles as per the law;
r) Enforced provision of username and password for
log into software that processes data from the tracking units of automobiles or
servers of entities for competent agencies as per the law;
s) Enforced adequate and accurate preparation,
update and storage of vehicles’ background, occupation background of drivers
and relevant documents during management and operation of transportation as per
the law;
t) Enforced restoration of brands and paint color as
specified in Vehicle registration as per the law or enforced compliance with
regulations on license plates and lettering on sides and doors of vehicles;
u) Enforced restoration to original shape, size or
technical safety conditions of vehicles and re-registration before allowing the
vehicles to participate in road traffic;
v) Enforced adjustment to trunks of vehicles in
accordance with applicable regulations and law, re-registration and adjustment
to loads permitted for transport as specified in certificates of technical and
environmental safety as per applicable law prior to allowing the vehicles
to participate in traffic;
x) Enforced adoption of procedures for vehicle
registration, ownership transfer, revision or revocation of vehicle
registration, license plates and certificates of technical and environmental
safety;
y) Enforced relocation of vehicles to special
commercial economic zones and economic zones at international border
checkpoints.
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a) Enforced correct and adequate installation and
maintenance of usual operation of warning and signaling systems and equipment
as per the law;
b) Enforced organization of brake tests or
organization of protection measure testing as per the law;
c) Enforced positioning of coaches carrying
dangerous commodities (explosives, flammable substances) as per the law or
switch of railway to other routes according to regulations and law on shunting;
d) Enforced removal from railway, railway bridges
and tunnels;
dd) Enforced removal of dirt, rock, sand,
obstacles, straw, agriculture products, wastes, toxic substances, flammable
substances, explosives, materials and other items from railways, railway
structure or vicinity of land area for rail transport;
e) Enforced relocation of ships, boats, other
watercrafts or objects within the safety perimeter of the railway bridge;
g) Enforced relocation of road transports,
materials, machinery, equipment, commodities, warning signs and temporary signs
away from railway clearance;
h) Enforced immediately adoption of measures to
ensure railway structure safety and rail transport safety as per the law;
i) Enforced removal of objects obstructing sight of
signs, markers and signals of railway structure or relocation of slabs made of
concrete, wooden, metal or other material (illegally placed) out of safety
perimeter of railway, reduction cut with respect to trees exceeding maximum
height or relocation of trees planted against regulations and law affecting
safety of railway structure and transport;
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l) Enforced removal or relocation of structure,
houses, tents or buildings obstructing construction, innovation, expansion and
safety assurance of railway structure or enforced removal or relocation of
tents, buildings, advertising panels, direction signs, instruction signs and
other objects (illegally placed, erected or established) obstructing vision
from land area for rail transport or enforced demolition of expired
constructions, demolition of constructions that are revoked or have permits
cancelled;
m) Enforced fortification, relocation or innovation
of construction affecting rail transport safety at request of competent
agencies;
n) Enforced repair, addition, replacement or
fortification of damaged parts of railway infrastructure satisfactory to
publicized maximum speed order and maximum load order.
o) Enforced provision of safety equipment, signals,
signs and protection signals as per the law;
p) Enforced positioning of vehicles, materials and
construction machinery as per the law and not obstructing train operation;
q) Enforced adequate installation as per the law,
replacement with equipment satisfactory to technical safety standards or
restoration of technical attributes of equipment such as: automatic and manual
train stop; emergency brake and pressure gauges (at working station of
conductors and on passenger cars); devices attaching locomotives and cars; end
of train devices; speedometers, devices recording speed and information
relating to train operation (black boxes); alerter devices to keep train
operators awake; speed measuring devices, devices enabling communication
between conductors and operators (at working station of conductors);
r) Enforced restoration to original structure,
shape and use functions of vehicles prior to allowing the vehicles to
participate in rail transport;
s) Enforced adequate provision of following
instruments on passenger trains and cargo trains: escape equipment, fighting
equipment and materials, first-aid kits, tools and materials for minor repairs,
equipment for choking and signaling;
t) Enforced relocation of offenders to positions as
per the law or removal of individuals and cargoes from locomotives;
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v) Enforced revocation and disposal of specialized
license and certificates illegally issued;
x) Enforced removal of corpses, cremains, live
animals, diseased animals, flammable substances, explosives, weapons, dangerous
commodities from trains (at the nearest station in case of running trains), to
stations for disposal as per the law;
y) Enforced timely implementation of special and
social security transportation tasks at request of heads of competent
regulatory agencies as per the law.
4. The rules for taking remedial measures are
specified in Clause 2 Article 28 of the Law on Penalties for administrative
violations.
Chapter II
VIOLATIONS, PENALTIES,
FINES, AND REMEDIAL MEASURES FOR ADMINISTRATIVE ROAD TRAFFIC OFFENCES
Section 1. VIOLATIONS AGAINST
TRAFFIC RULES
Article 5. Penalties imposed
upon operators of cars and car-like vehicles violating traffic rules
1. A fine ranging from VND 200,000 to
VND 400,000 shall be imposed upon a vehicle operator who commits any of
the following violations:
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b) Turning without yielding to the pedestrians and
wheelchairs of the disabled that cross the street at crosswalks, or without
yielding to non-motorized vehicles running in the cycle lane.
c) Turning without yielding to oncoming vehicles,
the pedestrians and wheelchairs of the disabled that cross the street at other
positions than crosswalks;
d) Stopping or parking without signaling;
dd) Occupying part of the roadway when parking on
the street without placing a warning sign as prescribed, except for the
violations specified in Point c Clause 6 of this Article and parking at
permissible positions;
e) No placement of signs in front of the towing
vehicle and behind the towed vehicle; operating a tractor-trailer without signs
as prescribed;
g) Honking from 10 pm to 5 am in urban and
residential areas, except for emergency vehicles on duty as per the law;
2. A fine ranging from VND 400,000 to
VND 600,000 shall be imposed upon a vehicle operator who commits any of
the following violations:
a) Changing lanes where prohibited or without
signaling, except for the violations specified in Point g Clause 5 of this
Article;
b) Operating the vehicle at a lower speed than that
of other vehicles in the same direction without moving to the right of the
roadway, unless the other vehicles are running faster than the legal limit;
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d) Failure to comply with regulations on yielding
at intersections, except for the violations specified in Points m and n Clause
3 of this Article;
dd) Operating a vehicle that involves in an
accident without stopping the vehicle, protecting the crash scene, or giving
first aid to the victims, except for the violations specified in Point b Clause
8 of this Article;
e) Operating an emergency vehicle without
conformable warning devices or using warning devices without a license issued
by a competent authority or without an unexpired one;
g) Stopping, parking on the roadway outside urban
areas where the sidewalk is spacious enough; stopping or parking away from the
right curb where the sidewalk is narrow or there is no sidewalk; stopping,
parking against the traffic direction; stopping or parking on median barriers
between carriageways; parking on a slope without choking the wheels; opening
doors carelessly or leaving doors unsafely open;
h) Failure to stop the vehicle close to the
sidewalk on the right side, or the right wheel is more than 0.25 m away from
the side walk; stopping on the tramway or bus lane; stopping right above a
manhole, cable duct opening, at a fire hydrant; getting out of the driving
position or turning off the engine while stopping; stopping or parking at
inappropriate positions where 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 erected, except for the violations specified in Point i Clause
4 and Point b Clause 6 of this Article;
i) Making a u-turn in a residential area against
the rules;
k) Making a u-turn at pedestrian crossings, on
bridges, bridge approaches, in tunnels, under overpass, except for cases in
which places for u-turn are established in locations above.
3. A fine ranging from VND 800,000 to
VND 1,000,000 shall be imposed upon a vehicle operator who commits any of
the following violations:
a) Exceeding the speed limits by from 5 km/h to
under 10 km/h;
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c) Turning without slowing down or signaling
(unless going along a curved segment where there is no intersection);
d) Failure to obey the regulations on stopping or
parking at intersection with the railway; stopping or parking within the
railway safety perimeter, except for the violations specified in Point b Clause
2, Point b Clause 3 Article 49 hereof;
dd) Stopping or parking on the left side of a
one-way road, on a curved road or near the top of the slope where view is
blocked, on a bridge, under an overpass, parallel to a stopping or parking
vehicle, at an intersection within 05 m from the edge of the intersection, at a
bus stop, in front of or within 05 m beside a gate of an organization that has
car way, on a road that is wide enough for only one lane; stopping or parking
in a manner that block road signs; stopping or parking at median barriers;
e) Failure to stop the vehicle close to the
sidewalk on the right side, or the distance from the right wheel to the
sidewalk exceeds 0.25 m; stopping on the tramway or bus lane; stopping right
above a manhole, cable duct opening, at a fire hydrant; parking on the sidewalk
against the law; parking where a “Cấm đỗ xe” (No parking) sign or “Cấm dừng xe
và đỗ xe” (No stopping and parking) sign is erected, except for the violations
specified in Point i Clause 4 and Point b Clause 6 of this Article;
g) Failure to turn on the lights or using
insufficient lighting from 7 pm to 5 am or in a foggy or bad weather when
visibility is short; using the full beam when facing oncoming vehicles;
h) Towing another vehicle or object (except for a
trailer, semi-trailer, car, or heavy-duty vehicle that cannot run itself);
operating a car pushing another vehicle or object; towing a trailer or
semi-trailer and another trailer or another vehicle or object; failure to
safely connect the towing and towed vehicles;
i) Carrying passengers on the towed vehicle, except
for the driver;
k) Making a u-turn at a level crossing; making a
u-turn at narrow section of the road, on a slope, on a curve section of the
road with limited sight or at location erected with the sign “Cấm quay đầu xe”
(No u-turn allowed);
l) Causing a collision with the vehicle ahead due
to failure to keep a safe distance; failure to keep the safe distance in
accordance with the “Cự ly tối thiểu giữa hai xe” (Safety distance) sign,
except for the violations specified in Point g Clause 5 of this Article;
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n) Failure to yield to vehicles in the emergency
lane or on the major road at an intersection;
o) Reversing the vehicle on a one-way road or a
road where a “Cấm đi ngược chiều” (No entry) sign is erected, where stopping is
prohibited, at a crosswalk, at an intersection with another road or railway,
where view is blocked; reversing the vehicle without observation or without
signals; except for cases specified in Point a Clause 8 of this Article;
p) Failure to fasten seat belt while operating the
vehicle;
q) Carrying passengers who fail to fasten the seat
belts (if available) while the vehicle is running;
r) Failure to turn on low beam while operating the
vehicle in a road tunnel;
s) Operating the vehicle at a lower speed than the
lowest permissible speed.
4. A fine ranging from VND 1,000,000 to
VND 2,000,000 shall be imposed upon a vehicle operator who commits any of
the following violations:
a) Using a cell phone with hands while operating
the vehicle on public roads;
b) Entering prohibited areas, roads erected with
signs prohibiting entry of operated vehicles, except for violations specified
in Point c Clause 5, Point a Clause 8 of this Article and emergency vehicles on
missions;
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d) Stopping or parking on the left of one-way
street or on the left (along direction of motion) of dual carriageway; on curve
section of the road or near top of slopes where vision is obstructed; on
bridges, under overpass, parallel with another parking or stopping vehicle,
except for violations specified in Point b Clause 6 of this Article;
dd) Stopping, parking, making a u-turn against the
rules and thus causing traffic congestion;
e) Using warning devices for emergency vehicles on
a non-emergency vehicle;
g) Failure to take safety measures when the vehicle
breaks down at an intersection with a railway;
h) Failure to yield overtaking vehicles provided
safety conditions are satisfied;
i) Backing up or making a u-turn in road tunnels;
stopping, parking or overtaking in road tunnels where such activities are not
permitted.
5. A fine ranging from VND 3,000,000 to
VND 5,000,000 shall be imposed upon a vehicle operator who commits any of
the following violations:
a) Failure to comply with the traffic lights;
b) Failure to obey the orders or instructions of
the traffic conductor or traffic guard;
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d) Overtaking in cases where overtaking is not
permitted, overtaking in roads erected with signs prohibiting operated vehicles
from overtaking; failure to signal before overtake; overtaking on the right of
other vehicles in case not allowed to, except cases in which roads with
multiple lanes with same direction of motion separated by road markings where
vehicles on lanes on the right are faster than vehicles on lanes on the left;
dd) Failure to keep the vehicle to the right; going
in the wrong lane (along or against traffic direction) except for cases
specified in Point c Clause 4 of this Article; crossing the median strip; going
on a sidewalk unless for entering a house;
e) Avoiding oncoming traffic against regulations
and law, except for violations of using high beam when avoiding oncoming
traffic specified in Point g Clause 3 of this Article; failure to yield to
oncoming traffic as per the law in narrow or steep sections or in case of
obstacles;
g) Failure to obey the rules when entering or
leaving the freeway; going in the emergency lane or on the shoulder of the
freeway; changing lanes on a freeway at inappropriate positions or without
signals; failure to keep a safe following distance on the freeway;
h) Failure to yield to or obstructing emergency
vehicles on duty that are sending out emergency signals;
i) Exceeding the speed limits by 10 km/h - 20 km/h.
6. A fine ranging from VND 6,000,000 to
VND 8,000,000 shall be imposed upon a vehicle operator who commits any of
the following violations:
a) Exceeding the speed limits by >20 km/h to 35
km/h;
b) Stopping or parking on freeway in locations
against regulations and law; failure to provide signals to inform other drivers
in case of compulsory stop or parking on freeway in locations against
regulations and law; making a u-turn on freeway;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
7. A fine ranging from VND 10,000,000 to
VND 12,000,000 shall be imposed upon a vehicle operator who commits any of
the following violations:
a) Failure to observe, operating the vehicle
exceeding speed limit thus causing accidents; stopping, parking, making a
u-turn, backing, avoiding, overtaking, changing direction or changing lanes
against regulations and law causing accidents; failure to operate in correct
sections, lanes, failure to maintain safety distance between 2 vehicles as per
the law thus causing accidents or entering roads erected with signs prohibiting
entry of operated vehicles, going against traffic direction on one-way roads or
on roads erected with “Cấm đi ngược chiều” (No entry) signs causing accidents,
except for violations specified in Point a Clause 8 of this Article;
b) Weaving, speeding, chasing on public roads;
steering a vehicle running on public roads with the legs;
c) Exceeding the speed limits by more than 35 km/h.
8. A fine ranging from VND 16,000,000 to
VND 18,000,000 shall be imposed upon a vehicle operator who commits any of
the following violations:
a) Going against the traffic direction on a
freeway, backing up on a freeway, except for emergency vehicles on duty;
b) Failure to stop, protect the scene, inform the
authority, or give first aid to the victim after causing an accident;
c) Operating the vehicle while BAC exceeds 50 - 80
mg per 100 ml of blood, or BrAC exceeds 0.25 - 0.4 mg per liter of breath;
9. A fine of VND 18,000,000 -
VND 20,000,000 shall be imposed upon an operator who commits any of the
violations specified in Point b Clause 7 of this Article and causes a traffic
accident or fails to stop on a law enforcement officer’s order.
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b) Operating the vehicle while BAC exceeds 80 mg
per 100 ml of blood, or BrAC exceeds 0.4 mg per liter of breath;
b) Failure to comply with the law enforcement
officer’s order for alcohol content testing;
c) Operating vehicles on roads under influence of narcotics;
d) Failure to comply with traffic conductor’s or
law enforcement officer’s order for drug testing.
11. Apart from incurring fines, the violating
operator shall also incur the following additional penalties:
a) The violation(s) specified in Point e Clause 4
of this Article shall lead to confiscation of the warning device(s) installed
illegally;
b) The violation(s) specified in Point dd Clause 2;
Points h and i Clause 3; Clause 4; Points a, b, d, dd, g, h and i Clause 5 of
this Article shall lead to suspension of driving license from 1 month to 3
months;
c) The violation(s) specified in Point c Clause 5;
Points a and b Clause 6; Clause 7 of this Article shall lead to suspension of
driving license from 2 months to 4 months. Committing violation(s) specified in
Points a, d, dd, e and g of Clause 1; Points b, d and g of Clause 2; Points b,
g, h, m, n, r and s of Clause 3; Points a, c, e, g and h of Clause 4; Points a,
b, e, g and h Clause 5 of this Article and causing accidents shall lead to
suspension of driving license from 2 months to 4 months;
d) The violation(s) specified in Clause 9 of this
Article or repetition of violation(s) specified in Point b Clause 7 of this
Article shall lead to suspension of driving license from 3 months to 5 months;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
e) The violation(s) specified in Point c Clause 6
of this Article shall lead to suspension of driving license from 10 months to
12 months;
g) The violation(s) specified in Point c Clause 8
of this Article shall lead to suspension of driving license from 16 months to
18 months;
h) The violation(s) specified in Clause 10 of this
Article shall lead to suspension of driving license from 22 months to 24
months;
Article 6. Penalties imposed
upon operators of mopeds and motorcycles (including electric motorcycles) and
the like violating road traffic rules
1. A fine ranging from VND 100,000 to
VND 200,000 shall be imposed upon a vehicle operator who commits any of
the following violations:
a) Failure to comply with road signs and road
markings, except for violations specified in Points c, dd, e and h Clause 2;
Points d, g, i and m Clause 3; Points a, b, c, d and e Clause 4; Clause 5;
Point b Clause 6; Points a and b Clause 7; Point d Clause 8 of this Article;
b) No signaling before overtaking;
c) Failure to keep a safe distance that leads to a
collision with the vehicle ahead; failure to keep a safe distance in accordance
with the sign “Cự ly tối thiểu giữa hai xe” (Safe distance);
d) Turning without yielding to the pedestrians and
wheelchairs of the disabled that cross the street at crosswalks or
non-motorized vehicles running in the cycle lane;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
e) Reversing motor tricycles without observation or
signaling;
g) Carrying a passenger who uses an umbrella;
h) Failure to comply with regulations on yielding
at intersections, except for the violations specified in Points b and e Clause
2 of this Article;
i) Changing lanes where prohibited or without
signaling;
k) Going three abreast or more;
l) Failure to turn on the lights from 7 pm to 5 am
or in a foggy or bad weather when visibility is short;
m) Dodging oncoming vehicles improperly; using high
beams while avoiding oncoming traffic; failure to yield to oncoming vehicles
where the road is narrow, sloping, or obstructed;
n) Honking from 10 pm to 5 am, using the high beam
in rural areas or residential areas, except for emergency vehicles on duty;
o) Operating an emergency vehicle without
conformable warning devices or using warning devices without a license issued
by a competent authority or without an unexpired one;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
q) Operating the vehicle at a lower speed than the
lowest permissible speed.
2. A fine ranging from VND 200,000 to
VND 300,000 shall be imposed upon a vehicle operator who commits any of
the following violations:
a) Stopping, parking on the roadway outside urban
areas where sidewalks are available;
b) Failure to reduce speed and yield when joining
the traffic from an alley or when moving from a small road to a major road;
c) Exceeding the speed limits by from 5 km/h to
under 10 km/h;
dd) Going slowly without keeping to the right of
the roadway in a manner that obstructs the traffic;
dd) Stopping, parking on the roadway in a manner
that obstructs the traffic; stopping in groups of 03 vehicles or more on the
roadway or in a road tunnel; parking on the roadway or on the sidewalk in urban
areas against the law;
e) Failure to allow another vehicle to overtake
when it is safe to do so; failure to yield to vehicles in the emergency lane or
on the major road at the intersection;
g) Using warning devices for emergency vehicles on
a non-emergency vehicle;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
i) The operator or the passenger on the vehicle
does not wear a motorcycle helmet or does not wear it properly;
k) Carrying a passenger who does not wear a
motorcycle helmet properly, unless that person is a patient who needs urgent
medical care, a child under 06 years of age, or a criminal being escorted;
l) Carrying two people on a vehicle, unless a
person being carried is a person who needs urgent medical care, a child under
14 years of age, or a criminal being escorted;
m) The vehicle is operated by the person from
behind another person, unless such the latter is a child.
3. A fine ranging from VND 400,000 to
VND 600,000 shall be imposed upon a vehicle operator who commits any of
the following violations:
a) Turning without slowing down or signaling
(unless going along a curved segment where there is no level crossing);
b) Carrying 03 people or more on the vehicle;
c) Continuously honking, revving the engine in
urban areas or residential areas, except for the emergency vehicles on duty;
d) Stopping or parking on a bridge;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
e) Operating a vehicle that involves in an accident
without stopping the vehicle, protecting the crash scene, or giving first aid
to the victims, except for the violations specified in Point dd Clause 8 of
this Article;
g) Failure to keep the vehicle to the right; going
in the wrong lane; crossing the median strip; going on a sidewalk unless for
entering a house;
h) Overtaking on the right side where prohibited;
i) Entering prohibited areas, roads erected with
signs prohibiting entry of operated vehicles, except for violations specified
in Clause 5, Point b Clause 6 of this Article and emergency vehicles on
missions;
k) The operator’s or passenger’s pulling or pushing
another vehicle or item while sitting on the vehicle; leading an animal or
carrying a bulky object while sitting on the vehicle; standing on the seat, the
cargo bracket, or sitting on the handle; loading cargo to the vehicle beyond
permissible limits; towing another vehicle or object;
l) Exceeding the gross vehicle weight rating (GVWR)
written on the Certificate of vehicle registration (if the GVWR is stated);
m) Failure to turn on low beam while operating the
vehicle in a road tunnel.
4. A fine ranging from VND 600,000 to
VND 1,000,000 shall be imposed upon a vehicle operator who commits any of
the following violations:
a) Exceeding the speed limits by 10 km/h - 20 km/h;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) Overtaking in cases where overtaking is
prohibited, overtaking on roads erected with signs prohibiting operated
vehicles from overtaking, except for violations specified in Point h Clause 3
of this Article;
d) Overtaking in road tunnels in inappropriate
places; making u-turn in road tunnels;
dd) Failure to yield to or obstructing emergency
vehicles that are sending out emergency signals;
e) Failure to comply with the traffic lights;
g) Failure to obey the orders or instructions of
the traffic conductor or traffic guard;
h) Using an umbrella, cell phone, or audio device
other than hearing aid devices while operating the vehicle.
5. A fine ranging from VND 1,000,000 to VND
2,000,000 shall be imposed upon vehicle operators entering blocked roads or
restricted areas; going against traffic direction of one-way roads or roads
where “Cấm đi ngược chiều” (No entry) signs are erected, except for the
violations specified in Point b Clause 6 of this Article and emergency vehicles
on duty as per the law.
6. A fine ranging from VND 2,000,000 to
VND 3,000,000 shall be imposed upon a vehicle operator who commits any of
the following violations:
a) Letting the sidestand or other object touching
against the road while running;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) Operating a vehicle under the influence of
alcohol but BAC does not exceed 50 mg per 100 ml of blood or BrAC does not
exceed 0.25 mg per liter of breath;
7. A fine ranging from VND 4,000,000 to
VND 5,000,000 shall be imposed upon a vehicle operator who commits any of
the following violations:
a) Exceeding the speed limits by more than 20 km/h;
b) Failure to observe, operating the vehicle
exceeding speed limit thus causing accidents; entering a freeway, stopping,
parking, making a u-turn, backing, avoiding, overtaking, changing direction or
changing lanes against regulations and law causing accidents; failure to
operate in correct sections, lanes, failure to maintain safety distance between
2 vehicles as per the law thus causing accidents or entering roads erected with
signs prohibiting entry of operated vehicles, going against traffic direction
on one-way roads or on roads erected with “Cấm đi ngược chiều” (No entry) signs
causing accidents, except for violations specified in Point d Clause 8 of this
Article;
c) Operating the vehicle while BAC exceeds 50 - 80
mg per 100 ml of blood, or BrAC exceeds 0.25 - 0.4 mg per liter of breath.
8. A fine ranging from VND 6,000,000 to
VND 8,000,000 shall be imposed upon a vehicle operator who commits any of
the following violations:
a) Release both hands while operating the vehicle;
steering with the legs; sitting on one side to operate the vehicle; lying on
the seat while operating the vehicle; swapping positions while operating the
vehicle; turning the whole body to the back or wearing a blind fold while
operating the vehicle;
b) Weaving on public roads whether inside or
outside an urban area;
c) Running on one wheel (or two wheel if the
vehicle is a motor tricycle);
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
dd) Failure to stop, protect the scene, inform the
authority, or give first aid to the victim after causing an accident;
e) Operating the vehicle while BAC exceeds 80 mg
per 100 ml of blood or BrAC exceeds 0.4 mg per liter of breath;
g) Failure to comply with the law enforcement
officer’s order for alcohol content testing;
h) Operating vehicles on roads under influence of
narcotics;
i) Failure to comply with traffic conductor’s or
law enforcement officer’s order for drug testing.
9. A fine ranging from VND 10,000,000 to
VND 14,000,000 shall be imposed upon an operator who commits any of the
violations specified in Points a, b, c or d Clause 8 of this Article and causes
a traffic accident or fails to stop on a law enforcement officer’s order.
10. Apart from incurring fines, the violating
operator shall also incur the following additional penalties:
a) The violation(s) specified in Point g Clause 2
of this Article shall lead to confiscation of the warning device(s) installed
illegally;
b) The violation(s) specified in Points b, e and i
Clause 3; Points dd, e, g and h Clause 4; Clause 5 of this Article shall lead
to suspension of driving license from 1 month to 3 months;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) The violation(s) specified in Point b Clause 6;
Point dd Clause 8; Clause 9 of this Article shall lead to suspension of driving
license from 3 months to 5 months;
dd) The violation(s) specified in Point c Clause 6
of this Article shall lead to suspension of driving license from 10 months to 12
months;
e) The violation(s) specified in Point c Clause 7
of this Article shall lead to suspension of driving license from 16 months to
18 months;
g) The violation(s) specified in Points e, g, h and
i Clause 8 of this Article shall lead to suspension of driving license from 22
months to 24 months;
Article 7. Penalties imposed
upon operators of tractors and heavy-duty vehicles (hereinafter referred to as
vehicles) violating traffic rules
1. A fine ranging from VND 100,000 to
VND 200,000 shall be imposed upon a vehicle operator who commits any of
the following violations:
a) Failure to comply with road signs and road
markings, except for violations specified in Points a, b, c, d, dd and e Clause
2; Points a, b, c, dd , h and i Clause 3; Points a, b, c, d, dd and g Clause 4;
Points a, c and dd Clause 5; Points a and b Clause 6; Point a Clause 7; Points
a and b Clause 8 of this Article;
b) Turning without yielding to the pedestrians and
wheelchairs of the disabled that cross the street at crosswalks, or without
yielding to non-motorized vehicles running in the cycle lane;
c) Turning without yielding to the oncoming
vehicles, the pedestrians and wheelchairs of the disabled that cross the street
at other positions than crosswalks.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Making a u-turn at pedestrian crossings, on
bridges, bridge approaches, in tunnels, under overpass, except for cases in
which places for u-turn are established in locations above;
b) Reversing the vehicle on a one-way road or a
road where a “Cấm đi ngược chiều” (No entry) sign is erected, where stopping is
prohibited, at a crosswalk, at an intersection with another road or railway,
where view is blocked; reversing the vehicle without observation or without
signals;
c) Parking on the sidewalk against the law;
d) Stopping, 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 unavailable; stopping or parking against
traffic direction of the lane; stopping or parking on median strip between
carriageway; stopping or parking at inappropriate positions where parking
positions are provided; parking on a slope without chocking the wheels;
stopping where a “Cấm dừng xe và đỗ xe” (No stopping and parking) sign is
erected; parking where a “Cấm đỗ xe” (No parking) sign “or “Cấm dừng xe và đỗ
xe” (No stopping and parking) sign is erected, except for the violations specified
in Point a Clause 6 of this Article;
dd) Stopping or parking on the left side of a
one-way road or left of a dual carriageway, on a curved road or near the top of
the slope where view is blocked, on a bridge, under an overpass, parallel to a
stopping or parking vehicle, at an intersection within 05 m from the edge of
the intersection, at a bus stop, in front of or within 05 m beside a gate of an
organization that has car way, on a road that is wide enough for only one lane;
stopping or parking in a manner that block road signs; on median strip except
for violations specified in Point a Clause 6 of this Article;
e) Stopping or parking on the roadway against the
law in urban area;; stopping on the tramway or bus lane; stopping right above a
manhole, cable duct opening, at a fire hydrant or crosswalk; get out of the
driving position or turning off the engine while stopping; opening the door
carelessly or leaving the door unsafely open;
g) Stopping or parking without signaling;
h) Occupying part of the roadway when parking on
the street without placing a warning sign as prescribed, except for the
violations specified in Point a Clause 6 of this Article and parking at
permissible positions;
3. A fine ranging from VND 400,000 to
VND 600,000 shall be imposed upon a vehicle operator who commits any of
the following violations:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Entering prohibited areas, roads erected with
signs prohibiting entry of operated vehicles, except for violations specified in
Point c Clause 4; Point a Clause 8 of this Article and emergency vehicles on
missions
c) Failure to keep the vehicle to the right; going
in the wrong lane (along or against traffic direction) ; crossing the median
strip, except for cases specified in Points c and d Clause 4; Point a Clause 8
of this Article;
d) Continuously honking, revving the engine, using
the high beam in the urban area or residential area, except for emergency
vehicles on duty;
dd) Failure to yield to vehicles in the emergency
lane or on the major road at an intersection;
e) Failure to turn on the lights or using
insufficient lighting from 7 pm to 5 am or in a foggy or bad weather when
visibility is short; using the full beam when facing oncoming vehicles;
g) Operating a vehicle that involves in an accident
without stopping the vehicle, protecting the crash scene, or giving first aid
to the victims, except for the violations specified in Point c Clause 8 of this
Article;
h) Dodging other vehicles improperly; failure to
yield to oncoming vehicles where the road is narrow, sloping, or obstructed;
i) Operating the vehicle at a lower speed than the
lowest permissible speed.
4. A fine ranging from VND 800,000 to
VND 1,000,000 shall be imposed upon a vehicle operator who commits any of
the following violations:
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b) Failure to turn on low beam while operating the
vehicle in a road tunnel.
c) Entering a blocked road or restricted area;
going against traffic direction of a one-way road or a road where a “Cấm đi ngược
chiều” (No entry) sign is erected, except for the violations specified in Point
a Clause 8 of this Article and emergency vehicles on duty;
d) Failure to obey the rules when entering or
leaving the freeway; going in the emergency lane or on the shoulder of the
freeway; changing lanes on a freeway at inappropriate positions or without
signals; failure to keep a safe following distance on the freeway;
dd) Failure to obey the regulations on stopping or
parking at intersection with the railway; stopping or parking within the
railway safety perimeter, except for the violations specified in Point b Clause
2, Point b Clause 3 Article 49 hereof;
e) Failure to yield to or obstructing emergency
vehicles on duty that are sending out emergency signals;
g) Making a u-turn at a level crossing; making a
u-turn at narrow section of the road, on a slope, on a curve section of the
road with limited sight or at location erected with the sign “Cấm quay đầu xe”
(No u-turn allowed).
5. A fine ranging from VND 1,000,000 to
VND 2,000,000 shall be imposed upon a vehicle operator who commits any of
the following violations:
a) Backing or making a u-turn in road tunnels;
b) Failure to take safety measures when the vehicle
breaks down at a level crossing;
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d) Failure to obey the orders or instructions of
the traffic conductor or traffic guard;
dd) Failure to comply with the traffic lights.
6. A fine ranging from VND 3,000,000 to
VND 5,000,000 shall be imposed upon a vehicle operator who commits any of
the following violations:
a) Stopping or parking on freeway in locations
against regulations and law; failure to provide signals to inform other drivers
in case of compulsory stop or parking on freeway in locations against
regulations and law; making a u-turn on freeway;
b) Exceeding the speed limits by more than 20 km/h;
c) Operating a vehicle under the influence of
alcohol but BAC does not exceed 50 mg per 100 ml of blood or BrAC does not
exceed 0.25 mg per liter of breath.
7. A fine ranging from VND 6,000,000 to
VND 8,000,000 shall be imposed upon a vehicle operator who commits any of
the following violations:
a) Failure to observe, operating the vehicle
exceeding speed limit thus causing accidents; stopping, parking, making a
u-turn, backing, avoiding, overtaking, changing direction or changing lanes
against regulations and law causing accidents; failure to operate in correct
sections, lanes, failure to maintain safety distance between 2 vehicles as per
the law thus causing accidents or entering roads erected with signs prohibiting
entry of operated vehicles, going against traffic direction on one-way roads or
on roads erected with “Cấm đi ngược chiều” (No entry) signs causing accidents,
except for violations specified in Points a and b Clause 8 of this Article;
b) Operating a vehicle while BAC exceeds 50 - 80 mg
per 100 ml of blood or BrAC exceeds 0.25 - 0.4 mg per liter of breath;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Backing on a freeway; going against traffic
direction on a freeway;
b) Operating a heavy-duty vehicles with a designed
maximum speed below 70 km/h or an agricultural tractor on a freeway, except for
the vehicles and equipment serving the management and maintenance of the
freeway;
c) Failure to stop, protect the scene, inform the
authority, or give first aid to the victim after causing an accident.
9. A fine ranging from VND 16,000,000 to
VND 18,000,000 shall be imposed upon a vehicle operator who commits any of
the following violations:
a) Operating the vehicle while BAC exceeds 80 mg
per 100 ml of blood, or BrAC exceeds 0.4 mg per liter of breath;
b) Failure to comply with the law enforcement
officer’s order for alcohol content testing;
c) Operating vehicles on roads under influence of
narcotics;
d) Failure to comply with traffic conductor’s or
law enforcement officer’s order for drug testing.
10. Apart from incurring fines, the violating
operator shall also incur the following additional penalties:
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b) The violation(s) specified in Points a and b
Clause 6; Point a Clause 7 of this Article shall lead to suspension of driving
license (when operating tractors) and certificates of training in knowledge
about the road traffic law (when operating heavy-duty vehicles) from 2 months
to 4 months. Committing violation(s) specified in Point a Clause 1; Points e, g
and h Clause 2; Points d, dd, e and i Clause 3; Points b, d and e Clause 4;
Points b, d and dd Clause 5 of this Article and causing accidents shall lead to
suspension of driving license (when operating tractors) and certificates of
training in knowledge about the road traffic law (when operating heavy-duty
vehicles) from 2 months to 4 months;
c) The violation(s) specified in Clause 8 of this
Article shall lead to suspension of driving license (when operating tractors)
and certificates of training in knowledge about the road traffic law (when
operating heavy-duty vehicles) from 5 months to 7 months;
d) The violation(s) specified in Point c Clause 6
of this Article shall lead to suspension of driving license (when operating tractors)
and certificates of training in knowledge about the road traffic law (when
operating heavy-duty vehicles) from 10 months to 12 months;
dd) The violation(s) specified in Point b Clause 7
of this Article shall lead to suspension of driving license (when operating
tractors) and certificates of training in knowledge about the road traffic law
(when operating heavy-duty vehicles) from 16 months to 18 months;
e) The violation(s) specified in Clause 9 of this
Article shall lead to suspension of driving license (when operating tractors)
and certificates of training in knowledge about the road traffic law (when
operating heavy-duty vehicles) from 22 months to 24 months;
Article 8. Penalties imposed
upon operators of bicycles, motored bicycles (including electric bicycles), and
other non-motorized vehicles violating traffic rules
1. A fine ranging from VND 80,000 to
VND 100,000 shall be imposed upon a vehicle operator who commits any of
the following violations:
a) Failure to keep the vehicle to the right; going
in the wrong lane;
b) Stopping suddenly; turning without signaling;
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d) Overtaking on the right side where prohibited;
dd) Stopping, parking on the roadway outside urban
areas where sidewalks are available;
e) Going through a road tunnel without turning on
the lights; making a u-turn in a road tunnel; stopping or parking at
inappropriate positions in a road tunnel;
g) Going three abreast or more with bicycles,
motored bicycles; going two abreast or more with other non-motorized vehicles;
h) Using an umbrella or cell phone while operating
the bicycle or motored bicycle; using an umbrella while sitting on the bicycle
or motored bicycle;
i) Operating a non-motorized vehicle at night
without lights or reflectors;
k) Placing the vehicle on the roadway or sidewalk
against the law; parking on the roadway in a manner that obstructs the traffic;
parking on the tramway or on the bridge in a manner that obstructs the traffic;
l) Failure to obey the regulations on stopping or
parking at level crossing except for violations specified in Point b Clause 2,
Point b Clause 3 Article 49 hereof;
m) Using trolleys as street kiosks in a manner that
obstructs the traffic;
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o) Carrying more people than the legal limit,
unless the person being carried needs emergency care;
p) Loading cargo to the vehicle beyond the legal
limit; stacking goods unsafely or in a manner that obstructs the traffic and
block the operator’s view;
q) Operating a vehicle under the influence of
alcohol but BAC does not exceed 50 mg per 100 ml of blood or BrAC does not
exceed 0.25 mg per liter of breath.
2. A fine ranging from VND 100,000 to
VND 200,000 shall be imposed upon a vehicle operator who commits any of
the following violations:
a) Releasing both hands while operating a bicycle
or motored bicycle; suddenly making a turn in front of a moving motor vehicle;
steering a bicycle or motored bicycle with the legs;
b) Failure to comply with orders or instructions of
the traffic conductor or traffic guard;
c) Pulling or pushing another vehicle or object or
carrying bulky objects while operating or sitting on the vehicle; towing
another vehicle or object.
d) Failure to allow other vehicles to overtake at
their request when it is safe to do so; preventing motor vehicles from
overtaking; obstructing emergency vehicles;
dd) Failure to comply with the traffic lights.
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a) Weaving, speeding and chasing on public roads;
b) Running on one wheel (or two wheel if the
vehicle is a tricycle);
c) Entering restricted areas; roads erected with
signs prohibiting entry of operated vehicles; going against traffic direction
on one-way streets, roads erected with “Cấm đi ngược chiều” (No entry) signs;
d) The operator of motored bicycle (including
electric bicycle) not wearing motorcycle helmets properly or wearing helmets
improperly;
dd) Carrying a person on a motored bicycle
(including electric bicycle) who does not wear the motorcycle helmet or does
not wear the helmet properly, unless that person is a patient who needs urgent
medical care, a child under 06 years of age, or a criminal being escorted;
e) Operating a vehicle while BAC exceeds 50 - 80 mg
per 100 ml of blood or BrAC exceeds 0.25 - 0.4 mg per liter of breath;
4. A fine ranging from VND 400,000 to
VND 600,000 shall be imposed upon a vehicle operator who commits any of
the following violations:
a) Entering a freeway, except for the vehicles
serving the management and maintenance of the freeway;
b) Failure to stop, protect the scene, inform the
authority, or give first aid to the victim after causing an accident;
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d) Failure to comply with the law enforcement
officer’s order for alcohol content testing.
5. Apart from incurring fines, the vehicle operator
that recommits or commits many of the violations specified in Point a and Point
b Clause 3 of this Article shall also have his/her vehicle confiscated.
Article 9. Penalties imposed
upon pedestrians violating traffic rules
1. A fine ranging from VND 60,000 to
VND 100,000 shall be imposed upon a pedestrian who commits any of the
following violations:
a) Failure to stay on designated section of the
road; crossing the median strip; crossing the street unsafely or at
inappropriate positions;
b) Failure to comply with traffic light, traffic
signs and road markings, except for violations specified in Clause 2 of this
Article;
c) Failure to obey the orders or instructions of
the traffic conductor or traffic guard;
d) Carrying bulky objects in a manner that
obstructs the traffic;
dd) Hanging from a moving vehicle.
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Article 10. Penalties imposed
upon people riding, leading animals, or operating of animal-powered vehicles violating
traffic rules
1. A fine ranging from VND 60,000 to
VND 100,000 shall be imposed for:
a) Failure to give way; failure to give hand
signals when making a turn;
b) Failure to comply with traffic light, traffic
signs and road markings, except for violations specified in Clause 3 of this
Article;
c) Failure to bring adequate equipment to contain
waste matters of animals or failure to clean up waste matters of animals on the
street;
d) Riding or leading animals on the wrong part of
the street; taking them to a blocked road, restricted area, or roadway;
dd) Allowing an animal to walk on public roads or
cross the street by itself;
e) Going two abreast or more;
g) Leaving an animal drawing a vehicle without a
rider;
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2. A fine ranging from VND 100,000 to
VND 200,000 shall be imposed for:
a) Failure to obey the orders or instructions of
the traffic conductor or traffic guard;
b) Leading an animal while operating or sitting
in/on a road vehicle;
c) Loading cargo to the vehicle beyond the legal
limit.
3. A fine ranging from VND 400,000 to
VND 600,000 shall be imposed upon any person who rides or leads an animal
on a freeway or operates an animal-powered vehicle on a freeway.
Article 11. Penalties for
other violations against traffic rules
1. A fine ranging from VND 80,000 to VND 100,000
shall be imposed on persons sitting on bicycles and motored bicycles using
umbrellas.
2. A fine ranging from VND 100,000 to
VND 200,000 shall be imposed upon any person who:
a) Gathering, sitting, lying on public roads in a
manner that obstructs the traffic;
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c) Person sitting on motorcycles, mopeds (including
electric mopeds), motorcycle-like vehicles and moped-like vehicles using
umbrellas;
d) Persons sitting on bicycles and motored bicycles
hanging onto, pulling or pushing other vehicles, other objects or carrying
bulky objects.
3. A fine ranging from VND 200,000 to VND 300,000
shall be imposed on persons sitting on motorcycles, mopeds (including electric
mopeds), motorcycle-like vehicles, moped-like vehicles, motored bicycles
(including electric bicycles) who do not wear motorcycle helmets or improperly
wear motorcycle helmets while participating in traffic.
4. A fine ranging from VND 200,000 to
VND 400,000 shall be imposed upon an individual and from VND 400,000
to VND 800,000 upon an organization that places objects blocking a road
sign or traffic light.
5. A fine ranging from VND 300,000 to VND 500,000
shall be imposed on persons on motorcycles who fail to fasten the seat belts
(if available) while the vehicle is running.
6. A fine ranging from VND 400,000 to VND 600,000
shall be imposed on persons on motorcycles, mopeds (including electric mopeds),
motorcycle-like vehicles and moped-like vehicles hanging onto, pulling or
pushing other vehicles, other objects, leading animals, carrying bulky objects,
standing on the seat, cargo racks or sitting on the handles.
7. A fine ranging from VND 500,000 to
VND 1,000,000 shall be imposed upon an individual, from VND 1,000,000
to VND 2,000,000 upon an organization that commits any of the following
violations:
a) Failure to assist a road accident victim on
request;
b) Throwing stones, dirt, or other objects at a
vehicle running on public roads.
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9. A fine ranging from VND 4,000,000 to VND
6,000,000 shall be imposed on individuals and from VND 8,000,000 to VND
12,000,000 shall be imposed on organizations obstructing or failing to comply
with request for inspection and control of law enforcers, except for violations
specified in Clause 9, Points b and d Clause 10 Article 5; Points g and i
Clause 8, Clause 9 Article 6; Points b and d Clause 9 Article 7; Point d Clause
4 Article 8; Point b Clause 6 Article 33 of this Decree.
10. A fine ranging from VND 6,000,000 to
VND 8,000,000 shall be imposed upon any person:
a) Spreading nails or other pointed objects on
public roads, spilling oil or other slippery substances on public roads;
stretching strings or placing obstacles on public roads that threaten people
and vehicles in traffic;
b) Infringing upon the health or belongings of the
victim or the culprit;
c) Taking advantage of the accident to attack,
threaten, inciting, harassing other people, disturb the order, or obstruct the
handling of the road collision.
11. Apart from incurring fines, a vehicle operator
that commits any of the violations specified in Clause 10 of this Article shall
also have his/her driving license suspended for 1 - 3 months.
12. Apart from incurring penalties, following
remedial measures shall also be adopted:
a) Individuals and organizations committing
violations specified in Clause 4 of this Article must remove objects
obstructing vision of traffic signs and traffic lights;
b) Individuals and organizations committing
violations specified in Point a Clause 10 of this Article must collect pointy,
sharp objects, string or other obstacles and restore to original conditions
prior to the administrative violations.
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Article 12. Penalties for
violations against regulations on the use of land area for road traffic
1. A fine ranging from VND 100,000 to
VND 200,000 shall be imposed upon an individual, from VND 200,000 to
VND 400,000 upon an organization that commits any of the following
violations:
a) Hawking on the roadway or on the sidewalk where
street vendors are prohibited, except for the violations specified in Point c
Clause 2, Point b Clause 5, Point e Clause 6 of this Article;
b) Airing out rice, straw, or other agricultural,
forestry, aquaculture products on public roads; placing a threshing machine on
the roadway.
2. A fine ranging from VND 300,000 to
VND 400,000 shall be imposed upon an individual, from VND 600,000 to
VND 800,000 upon an organization that commits any of the following
violations:
a) Using the land within the road safety corridor
for farming purposes threatening the safety of the road infrastructure and the
traffic;
b) Planting trees within the land area for road
traffic blocking the view of road users;
c) Illegally occupying the median strip to place
building materials or display, sell goods, except for the violations specified
in Point b Clause 5; Point d, Point e Clause 6 of this Article;
d) Trading goods within the land area for road
traffic outside urban areas, except for the violations specified in Point d
Clause 5; Point d, Point i Clause 6 of this Article;
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3. A fine ranging from VND 500,000 to
VND 1,000,000 shall be imposed upon an individual, from VND 1,000,000
to VND 2,000,000 upon an organization that commits any of the following
violations:
a) Holding artistic activities, sports
competitions, parades, or festivals on the street against the law;
b) Raising an ornamental gate or other obstacles
within the land area for road traffic affecting road traffic safety and order;
c) Illegally raising a banner within the land area
for road traffic affecting road traffic safety and order;
d) Placing, hanging an advertising board within the
land area for road traffic outside urban areas, except for the violations
specified in Point b Clause 8 of this Article;
dd) Occupying the median strip to provide parking
services;
e) Illegally using land area for road traffic
outside urban areas to repair vehicles, machinery and equipment, wash vehicles,
or pump water affecting road traffic safety and order.
4. A fine ranging from VND 1,000,000 to VND
2,000,000 shall be imposed on an individual and from VND 2,000,000 to 4,000,000
on an organization for dumping garbage on roads where not allowed to, except
for violations specified in Point a Clause 6 of this Article; Clauses 3 and 4
Article 20 of this Decree.
5. A fine ranging from VND 2,000,000 to
VND 3,000,000 shall be imposed upon an individual, from VND 4,000,000
to VND 6,000,000 upon an organization that commits any of the following
violations:
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b) Holding market; selling food and drink;
displaying and selling goods placing signboards; repairing vehicles, machinery
and equipment; washing vehicles; placing a signboard or advertising board;
building or placing a platform; raising a roof or doing other activities on the
roadway or sidewalk in a manner that obstructs the traffic, except for the
violations specified in Point d, Point dd, Point e, Point g Clause 6; Clause 7;
Point a Clause 8 of this Article;
c) Illegally occupying less than 5 m2 of
the roadway or sidewalk within an urban area to provide parking services;
d) Illegally occupying less than 20 m2 of
the roadway or sidewalk outside urban areas to provide parking services.
6. A fine ranging from VND 4,000,000 to
VND 6,000,000 shall be imposed upon an individual, from VND 8,000,000
to VND 12,000,000 upon an organization that commits any of the following
violations:
a) Dumping, placing materials or wastes within the
land area for road traffic, except for the violations specified in Clause 3,
Clause 4 of Article 20 hereof;
b) Digging, leveling land within the road safety
corridor, land area along the sides of the road dedicated to management,
maintenance or protection or road infrastructure without permission;
c) Adding irrelevant information to road signs
without permission;
d) Illegally using land for road traffic or road
safety corridor to store goods, building materials, machinery, equipment, or
other objects;
dd) Erecting a booth, tent, or other kinds of
temporary works in the road tunnel, overpass, pedestrian overpass or underpass,
or under the overpass, except for violations specified in Point a Clause 9 of
this Article;
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g) Illegally occupying from 5 m2 to
under 10 m2 of the roadway or sidewalk to provide parking services;
h) Discharging sewage from a construction site to
the street;
i) Illegally occupying 20 m2 of the
roadway or sidewalk or more outside urban areas to provide parking services.
7. A fine ranging from VND 6,000,000 to
VND 8,000,000 VND shall be imposed upon an individual, from
VND 12,000,000 to VND 16,000,000 upon an organization that illegally
occupies from 10 m2 to under 20 m2 of the roadway or
sidewalk within an urban area to provide parking services.
8. A fine ranging from VND 10,000,000 to
VND 15,000,000 shall be imposed upon an individual, from
VND 20,000,000 to VND 30,000,000 upon an organization that commits
any of the following violations:
a) Illegally occupying 20 m2 of the
roadway or sidewalk or more in an urban area to provide parking services;
b) Erecting an advertising board within the road
safety corridor without written approval by competent authorities; Erecting an
advertising board on the a side of the road which is dedicated to management,
maintenance, or protection of road infrastructure.
9. A fine ranging from VND 15,000,000 to
VND 20,000,000 shall be imposed upon an individual, from
VND 30,000,000 to VND 40,000,000 upon an organization that commits
any of the following violations:
a) Appropriating land of road or land along road
safety corridor for housing construction;
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10. Apart from incurring penalties, following
remedial measures shall also be adopted:
a) The violation(s) specified in Point b Clause 1
of this Article shall lead to retrieval of rice, straw, agro-forestry-fishery
products and equipment on roads;
b) The violation(s) specified in Points a and b
Clause 2 of this Article shall lead to removal of trees planted in
inappropriate locations and restoration to original conditions prior to the
administrative violations;
c) The violation(s) specified in Points c and d
Clause 2 of this Article shall lead to collection of pointy, sharp objects,
string or other obstacles and restoration to original conditions prior to the
administrative violations;
d) The violation(s) specified in Clause 3; Clause
4; Points b, c and d Clause 5; Points a, b, c, d, e, g, h and i Clause 6;
Clause 7; Point a Clause 8 of this Article shall lead to cleaning of garbage,
waste matters, vehicles, materials, goods, machinery, equipment, signboards,
advertising panels and other objects and restoration to original conditions
prior to the administrative violations;
dd) The violation(s) specified in Point a Clause 5,
Point dd Clause 6, Point b Clause 8, Clause 9 of this Article shall lead to
deconstruction of constructions illegally built (without permit or different
from permits) and restoration to original conditions prior to the
administrative violations.
Article 13. Penalties for
violations against regulations on construction and maintenance of works within
the land area for road traffic
1. Warnings or a fine ranging from VND 250,000 to
VND 500,000 shall be imposed on an individual and from VND 500,000 to VND
1,000,000 on an organization which constructs on road works in operation
without erecting construction notice boards or erecting inadequate construction
notice boards as per the law.
2. A fine ranging from VND 1,000,000 to
VND 3,000,000 shall be imposed upon an individual, from VND 2,000,000
to VND 6,000,000 upon an organization that commits any of the following
violations:
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b) Failure to appoint people to control the traffic
if the construction site is located at a narrow road, the end of a bridge or
tunnel;
c) Placing building materials or equipment outside
the construction site in a manner that obstructs the traffic;
d) Failure to remove the signs, fences, building
equipment, materials, or failure to restore the original condition of the road
(roadway, sidewalk, and the land area at the sides of the road dedicated to
management, maintenance, and protection or work constructions) after the
construction is completed.
3. A fine ranging from VND 3,000,000 to
VND 5,000,000 shall be imposed upon an individual, from VND 6,000,000
to VND 10,000,000 upon an organization that commits any of the following
violations:
a) Executing construction within the land area for
road traffic under an expired license for construction or under an agreement
with a competent authority in which the time limit for construction has
expired;
b) Executing construction on a road in operation
without taking any measure for ensuring continuous traffic and thus causing
serious traffic congestion.
4. A fine ranging from VND 5,000,000 to
VND 7,000,000 shall be imposed upon an individual, from
VND 10,000,000 to VND 14,000,000 upon an organization that commits
any of the following violations:
a) Executing construction on an operating road
without placing adequate warning signs, markings and fences; failure to put red
lights at two ends of the road segment under construction;
b) Executing construction within the land area for
road traffic without a license for construction or agreement with a competent
authority, except for the violations specified in Point a Clause 3 of this Article.
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a) Executing construction on an urban road against
the construction plan or behind schedule;
b) Executing construction on an operating road
without taking adequate measures to ensure traffic safety as prescribed and
thus causing a traffic accident;
c) Executing construction on an operating road
without placing any warning signs, markings and fences, except for the
violations specified in Point a Clause 4 of this Article.
6. Apart from incurring fines, the organization or
individual that commits any of the violations specified in Point a Clause 2,
Point b Clause 3, Point c Clause 5 of this Article shall also be suspended from
construction or has the construction license (if any) suspended from 1 month to
3 months.
7. Apart from incurring penalties, following
remedial measures shall also be adopted:
a) The violation(s) specified in Clause 1 of this
Article shall lead to erection of construction notice boards displaying
adequate information as per the law;
b) The violation(s) specified in Points a and b
Clause 2; Clause 3; Point a Clause 4; Clause 5 of this Article shall lead to
immediate adoption of measures to ensure traffic safety as per the law;
c) The violation(s) specified in Points c and d
Clause 2; Point b Clause 4 of this Article shall lead to immediate adoption of
measures to ensure traffic safety as per the law and restoration to original
conditions prior to the administrative violations.
Article 14. Penalties for
violations against regulations on bus stations, parking lots, rest stops, and
tollbooths
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a) Constructing or establishing bus stations,
parking lots, rest stops and tollbooths without acceptance of regulatory
agencies regarding transport as per the law;
b) Constructing bus station, parking lots, rest
stops and tollbooths without satisfying technical standards as per the law.
2. Apart from incurring penalties, following
remedial measures shall also be adopted:
a) The violation(s) specified in Point a Clause 1
of this Article shall lead to removal of illegal construction and restoration
to the original condition prior to the administrative violations;
b) The violation(s) specified in Point b Clause 1
of this Article shall also lead to reconstruction of bus stations, parking
lots, rest stops and tollbooths as per the law and satisfactory to technical
standards.
Article 15. Penalties for
violations against regulations on management, operation, maintenance, and
protection of road infrastructure
1. A fine ranging from VND 60,000 to
VND 100,000 shall be imposed upon an individual that commits any of the
following violations:
a) Herding animals at the road slopes; tying
animals to the trees along the road, to a milestone, road sign, fence, or any
ancillary work of the road;
b) Climbing the abutment, pier, or girder of the
bridge without permission.
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a) Setting fire on a bridge or under a bridge
without permission; anchoring the boat or ship under a bridge or within the
safety corridor of a bridge;
b) Illegally embanking and pumping water onto the
roadway; placing pipes across the road to pump water or sand, setting fire of
public roads without permission.
3. A fine ranging from VND 6,000,000 to
VND 8,000,000 shall be imposed upon the organization responsible for
management, operation, maintenance of road infrastructure that commits any of
the following violations:
a) Failure to replace or repair the danger signs
that are lost or damaged as per the law; failure to repair damaged road
infrastructure threatening road traffic safety;
b) Failure to discover and report illegal
occupation of the road safety corridor, land area along the sides of the road
serving management, maintenance or protection or road infrastructure;
c) Failure to place staff gauges and take measures
to prevent vehicles from entering the flooded segments where road surface is
more than 0,2 m under the water surface;
d) Failure to establish procedures for road
management, operation, maintenance or failure to comply with approved
procedures for road management, operation, maintenance.
4. A fine ranging from VND 3,000,000 to
VND 5,000,000 shall be imposed upon an individual, from VND 6,000,000
to VND 10,000,000 upon an organization that commits any of the following
violations:
a) Delaying moving the illegal construction, house,
or booth, whether deliberately or unintentionally, that obstructs land
clearance serving the construction, expansion, improvement, and protection of
road infrastructure under a decision of a competent authority;
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c) Removing, moving, placing, damaging, or
falsifying road signs, traffic lights, fences, milestones, road markings,
protective walls, protective barriers, structures, or other parts of
infrastructure without permission;
d) Dismantling, removing curbs without permission;
illegally repairing or renovating the sidewalk; except for the violations
specified in Point a, Point c Clause 5 of this Article.
5. A fine ranging from VND 5,000,000 to
VND 7,000,000 shall be imposed upon an individual, from
VND 10,000,000 to VND 14,000,000 upon an organization that commits
any of the following violations:
a) Illegally drilling, digging, cutting the road or
the sidewalk;
b) Removing the median strip, convex mirrors, and
safety works and equipment of public roads, parts and components of road
structures without permission, except for the violations specified in Point c
Clause 4 of this Article;
c) Opening and damaging manhole covers of
underground works and tunnel systems of public roads without permission;
d) Illegally setting of a blast, extracting earth,
sand, stone, gravel, or other minerals that affect the road infrastructure;
dd) Spreading, spilling chemicals damaging road
infrastructure.
6. A fine of VND 8,000,000 -
VND 10,000,000 shall be imposed upon an organization managing and
operating tollbooths that commits any of the following violations:
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b) Failure to comply with management and operation
procedures as per the law thus extending period of time required for a vehicle
to pass the tollbooths determined from the moment the vehicle starts to queue
until it exits the tollbooths to from exceeding 10 minutes to 20 minutes.
7. A fine ranging from VND 10,000,000 to
VND 20,000,000 shall be imposed upon an organization managing and
operating tollbooths that commits any of the following violations:
a) Failure to comply with management and operation
procedures as per the law thus leading to more than 150 to 200 vehicles
queuing in a single toll lane, or the total queue length (from the toll booth
to the last vehicle in the queue) is from exceeding 1,000 to 2,000 m;
b) Failure to comply with management and operation
procedures as per the law thus extending period of time required for a vehicle
to pass the tollbooths determined from the moment the vehicle starts to queue
until it exits the tollbooths to from exceeding 20 minutes to 30 minutes.
8. A fine ranging from VND 30,000,000 to
VND 40,000,000 shall be imposed upon an organization managing and
operating tollbooths that commits any of the following violations:
a) Failure to comply with management and operation
procedures as per the law thus leading to more than 200 vehicles queuing
in a single toll lane, or the total queue length (from the toll booth to the
last vehicle in the queue) is more than 2,000 m;
b) Failure to comply with management and operation
procedures as per the law thus extending period of time required for a vehicle
to pass the tollbooths determined from the moment the vehicle starts to queue
until it exits the tollbooths to more than 30 minutes.
9. A fine ranging from VND 50,000,000 to
VND 70,000,000 shall be imposed upon an organization managing and operating
tollbooths that commits any of the following violations:
a) Committing violation(s) specified in Clauses 6,
7 and 8 of this Article without complying with orders of regulatory agencies
regarding adopting measures to rectify traffic congestion at tollbooths;
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10. Apart from incurring penalties, following
remedial measures shall also be adopted:
a) The violation(s) specified in Point a Clause 3
of this Article shall lead to replacement or repair of lost or damaged road
signs and repair of damaged road infrastructure;
b) The violation(s) specified in Point b Clause 2;
Points b, c and d Clause 4; Clause 5 of this Article shall lead to restoration
to original conditions prior to the administrative violations.
Section 3. VIOLATIONS AGAINST
REGULATIONS APPLIED TO VEHICLES RUNNING ON PUBLIC ROAD
Article 16. Penalties imposed
upon by operators of cars and car-like vehicles (including the trailers or
semi-trailers being towed) violating regulations on roadworthiness of vehicles
1. A fine ranging from VND 100,000 to
VND 200,000 shall be imposed for operating a car without a windshield or
without an intact and functional one (for vehicles having a windshield).
2. A fine ranging from VND 300,000 to
VND 400,000 shall be imposed for:
a) Operating a car without adequate and functional
headlamps, plate lamp, brake lamps, turn signals, windshield wipers, mirrors,
safety belts, emergency equipment, fire safety equipment, pressure meter, and
speedometer (for vehicles required to have them), except for violations
specified in Point m Clause 3 Article 23, Point q Clause 4 Article 28 of this
Decree;
b) Operating a vehicle without a horn or without a
functional one;
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3. A fine ranging from VND 800,000 to
VND 1,000,000 shall be imposed for:
a) Controlling vehicles with additional lights at
the front, the back, on top, underneath, on either or both sides of the
vehicles;
b) Operating a vehicle with a steering system that
fails to meet technical standards;
c) Operating a vehicle without an adequate quantity
of license plates, or the license plates are installed at wrong positions; or
the letters and numbers on which are not clear; or with a license plate that is
bent, blocked, or damaged; painting and altering additional letters and numbers
or changing color of letters, numbers and background of the license plates
(including trailers and semi-trailers);
d) Operating a vehicle without sufficient wheels or
tires; or the sizes of the wheels or tires do not fit or not comply with
technical standards (including trailers and semi-trailers);
dd) Operating trucks with trunks different from
designs of manufacturers or designs registered with vehicle registration bodies
or revised designs approved by competent agencies (including trailers and
semi-trailers);
e) Operating vehicles for passenger transportation
with more or less seats and beds or dimension of cargo bays different from
designs of manufacturers or designs registered with vehicle registration bodies
or revised designs approved by competent agencies.
4. A fine ranging from VND 2,000,000 to
VND 3,000,000 shall be imposed for:
a) Operating a vehicle without a corresponding
certificate of vehicle registration or trailer/semi-trailer registration or
using an expired certificate of vehicle registration (including trailers and
semi-trailers);
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c) Operating a vehicle with certificate of
technical and environmental safety or stamp of technical and environmental
safety (if required) that has expired for less than 01 month (including those
for trailers and semi-trailer);
d) Installing or using a horn the loudness of which
is beyond legal limit on the vehicle;
dd) Operating a vehicle without a decent or
functional and conformable brake system.
5. A fine ranging from VND 4,000,000 to
VND 6,000,000 shall be imposed for:
a) Operating a temporarily registered vehicle
beyond its temporary operational period; operating a restricted vehicle beyond
its permissible operating area;
b) Operating a vehicle beyond its maximum service
life (if limited);
c) Operating an illegally manufactured or assembled
vehicle on public road (including modified farm vehicles banned from traffic);
d) Operating a vehicle whose license plate is not
consistent with the certificate of registration, or whose a license plate is
not issued by a competent authority (including trailers and semi-trailers);
dd) Using a Certificate of technical and
environmental safety or stamp of technical and environmental safety or
Certificate of vehicle registration that is not issued by a competent
authority; using a Certificate of vehicle registration that is not consistent
with the chassis or engine number (including trailers and semi-trailers);
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6. Apart from incurring fines, the violating
operator shall also incur the following additional penalties:
a) The violation(s) specified in Points a and b
Clause 3; Clause 4; Points a and e Clause 5 of this Article shall lead to
suspension of driving license from 1 month to 3 months;
b) The violation(s) specified in Point a Clause 3,
Point d Clause 4 of this Article shall lead to confiscation of additional
lights and horns exceeding loudness limit;
c) The violation(s) specified in Point d or Point
dd Clause 5 of this Article shall lead to confiscation of the Certificate of
technical and environmental safety or stamp of technical and environmental
safety, the Certificate of vehicle registration, or the license plate that is
not issued by a competent authority; suspension of the driving license from 1
month to 3 months;
d) The violation(s) specified in Points b and c
Clause 5 of this Article shall lead to confiscation of vehicles (except for
cases in which automobiles with 10 seats or more providing passenger
transportation services whose service life exceeds regulations on business
conditions of registered business form less than 20 years from the year of
manufacture and automobiles with less than 10 seats providing passenger
transportation services) and suspension of driving license from 1 month to 3
months;
dd) The violation(s) specified in Point a Clause 4,
Point dd Clause 5 of this Article in case of no certificates of vehicle
registration or using certificates of vehicle registration issued by other than
competent agencies, not matching chassis number or engine number of the vehicle
or erased (including trailers and semi-trailers) without documents proving
vehicle origin (no documents, certificates on transfer of vehicle ownership or
documents, certificates on legal vehicle origin) shall lead to confiscation of
vehicle.
7. Apart from the penalties, the violator shall be
compelled to:
a) The violation(s) specified in Clause 1; Clause
2; Points b, c, d and dd Clause 3; Points d and dd Clause 4 of this Article
shall lead to installation of equipment or replacement with equipment
satisfactory to technical safety standards or restoration of technical
attributes of equipment as per the law;
b) The violation(s) specified in Points a and e
Clause 3 of this Article shall lead to adequate installation of equipment or
restoration of technical attributes of equipment as per the law or removal of
additional equipment against the law.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. A fine ranging from VND 100,000 to
VND 200,000 shall be imposed for:
a) Operating the vehicle without a horn, plate
lamp, brake lamp, or a mirror on the left, or without a functional one;
b) Operating a vehicle with an inappropriate
license plate; the letters and numbers on the license plate are not clear; a
license plate that is bent, blocked, or damaged; painting and altering
additional letters and numbers or changing color of letters, numbers and
background of the license plates (including trailers and semi-trailers);
c) Operating a vehicle without turn signals or
without functional ones;
d) Using an inappropriate horn for the type of
vehicle;
dd) Operating a vehicle without a sound or smoke
suppression system or without one that meets environmental requirements with
regard to exhaust and noise;
e) Operating a vehicle without a lamp with low beam
and a high beam, or without a functional and conformable one;
g) Operating a vehicle without a brake system or
without a functional and conformable one;
h) Operating a vehicle with an additional headlamp
towards the back.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Operating a vehicle without a corresponding
certificate of vehicle registration or trailer/semi-trailer registration or
using an expired certificate of vehicle registration;
b) Using a Certificate of vehicle registration that
is falsified, or not consistent with the chassis number or engine number, or
not issued by a competent authority;
c) Operating a vehicle without a license plate (if
required); or the license plate of which is not consistent with the Certificate
of vehicle registration or not issued by a competent authority;
3. A fine ranging from VND 800,000 to
VND 1,000,000 shall be imposed for:
a) Operating a temporarily registered vehicle
beyond its temporary operational period or operating area;
b) Operating an illegally manufactured or assembled
vehicle on public roads.
4. Apart from incurring fines, the violating
operator shall also incur the following additional penalties:
a) The violation(s) specified in Point d Clause 1
of this Article shall lead to confiscation of horns;
b) The violation(s) specified in Points b and c
Clause 2 of this Article shall lead to confiscation of certificates of vehicle
registration and license plates unsatisfactory to regulations and law or
erased;
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d) The violation(s) specified in Point b Clause 3
of this Article shall lead to confiscation of vehicle and suspension of driving
license from 01 month to 03 months;
dd) The violation(s) specified in Points a and b
Clause 2 of this Article in case of no certificates of vehicle registration or
using certificates of vehicle registration issued by other than competent
agencies, not matching chassis number or engine number of the vehicle or erased
without documents proving vehicle origin (no documents, certificates on
transfer of vehicle ownership or documents, certificates on legal vehicle
origin) shall lead to confiscation of vehicle.
Article 18. Penalties imposed
upon operators of non-motorized vehicles violating regulations on
roadworthiness of vehicles running on public roads
1. A warning or a fine ranging from
VND 100,000 to VND 200,000 shall be imposed for operating a vehicle
without registration or without a license plate (if required).
2. A fine ranging from VND 200,000 to
VND 300,000 shall be imposed for:
a) Operating a vehicle without a brake system or
without a functional one;
b) Carrying passengers or cargo on a non-motorized
vehicle that fails to meet local convenience and hygiene standards.
Article 19. Penalties imposed
upon operators of tractors (including towed trailers) and heavy-duty vehicles
violating regulations on roadworthiness of vehicles running on public roads
1. A fine ranging from VND 300,000 to
VND 400,000 shall be imposed for:
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b) Operating a vehicle without a brake system or
without one that meets technical standards; operating a vehicle with a steering
system that fails to meet technical standards;
c) Operating the vehicle whose specialized
equipment is not installed in place or not safe while the vehicle is moving;
d) Operating a vehicle without sufficient lights,
without a sound or smoke suppression device or without one that is functional
or meets environmental requirements in terms of exhaust and noise;
dd) Operating a vehicle with a certificate of
technical and environmental safety or stamp of technical and environmental
safety that has expired for less than 01 month (including trailers).
2. A fine ranging from VND 1,000,000 to
VND 2,000,000 shall be imposed for:
a) Operating a vehicle beyond the permissible area;
b) Operating an illegally manufactured, assembled,
or modified tractor or heavy-duty vehicle on public roads;
c) Operating a vehicle without a certificate of
technical and environmental safety or stamp of technical and environmental
safety (if required, except for temporarily registered vehicles) or with one
that has expired for 01 month or more (including trailers);
d) Operating a vehicle without a corresponding
certificate of vehicle registration or using an expired certificate of vehicle
registration (including trailers);
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e) Using a Certificate of technical and
environmental safety or stamp of technical and environmental safety or
Certificate of vehicle registration that is not issued by a competent
authority; using a Certificate of vehicle registration that is not consistent
with the chassis or engine number (including trailers);
3. Apart from incurring fines, the vehicle operator
that commits the violations shall also incur the following additional
penalties:
a) The violation(s) specified in Point b Clause 2
of this Article shall lead to confiscation of vehicles;
b) The violation(s) specified in Point dd Clause 1;
Points b, c, d, dd and e Clause 2 of this Article shall lead to suspension of
driving license (when operating tractors) and certificates of training in
knowledge about the road traffic law (when operating heavy-duty vehicles) from
1 month to 3 months;
c) The violation(s) specified in Points d, dd and e
Clause 2 of this Article shall lead to confiscation of the Certificate of
technical and environmental safety or stamp of technical and environmental
safety, the Certificate of vehicle registration;
d) The violation(s) specified in Points d and e
Clause 2 of this Article in case of no certificates of vehicle registration or
using certificates of vehicle registration issued by other than competent
agencies, not matching chassis number or engine number of the vehicle or erased
(including trailers) without documents proving vehicle origin (no documents,
certificates on transfer of vehicle ownership or documents, certificates on
legal vehicle origin) shall lead to confiscation of vehicle.
4. Apart from incurring penalties, the vehicle
operator that commits any of the violations specified in Points b, c and d
Clause 1 of this Article shall be compelled to install sufficient equipment or
restore the technical functions of the equipment, or replace it with those that
meet technical standards.
Article 20. Penalties incurred
by operators of cars, tractors and car-like vehicles violations against
regulations on environmental protection
1. A warning or a fine ranging from VND 100,000
to VND 200,000 shall be imposed for operating a vehicle that fails to meet
hygienic requirements in urban areas.
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a) Spilling oil or chemicals on public roads;
b) Carrying break bulk cargo, wastes or building
materials that are likely to be spilled without a cover or an effective cover;
spilling water from goods or waste being carried threatening traffic safety and
environmental hygiene;
c) Dragging mud, dirt, sand, materials or other
wastes on public roads threatening traffic safety and environmental hygiene.
3. A fine ranging from VND 4,000,000 to
VND 6,000,000 shall be imposed upon a vehicle operator who illegally
dumping garbage, earth, sand, stones, materials and wastes within the land area
for road traffic outside urban areas.
4. A fine ranging from VND 10,000,000 to
VND 15,000,000 shall be imposed upon a vehicle operator who illegally
dumping garbage, earth, sand, stones, materials, wastes on public roads.
5. Apart from incurring fines, a vehicle operator
that commits any of the violations specified in Clauses 3 and 4 of this Article
shall also have his/her driving license suspended from 1 month to 3 months.
6. Apart from the penalties, the vehicle operator
that commits any of the violations specified in Clauses 2, 3 and 4 of this
Article shall be compelled to clean up the materials, garbage, waste, and
recover the original condition that has been changed by the violation. Remedial
measures shall be taken if pollution is caused.
Section 4. VIOLATIONS AGAINST
REGULATIONS ON ROAD VEHICLE OPERATORS
Article 21. Penalties for
violations against regulations on qualification for operating motor vehicles
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2. A fine ranging from VND 100,000 to
VND 200,000 shall be imposed for:
a) Any person operating a motorcycle or moped and
the like without carrying an unexpired Certificate of civil liability insurance
for motor vehicles;
b) Any person operating a motorcycle or moped and
the like without carrying the Certificate of vehicle registration;
c) Any person operating a motorcycle and the like
without carrying a driving license, except for the violations specified in
Point b Clause 5, Point c Clause 7 of this Article.
3. A fine ranging from VND 200,000 to
VND 400,000 shall be imposed for:
a) Any person operating a car, tractor or car-like
vehicle without carrying a driving license, except for the violations specified
in Point c Clause 8 of this Article;
b) Any person operating a car, tractor or car-like
vehicle without carrying the Certificate of vehicle registration (including
trailers and semi-trailers);
c) Any person operating a car, tractor or car-like
vehicle without carrying the certificate of technical and environmental safety
(if required, including trailers and semi-trailers).
4. A fine ranging from VND 400,000 to
VND 600,000 shall be imposed for:
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b) Any person operating a car, tractor or car-like
vehicle without an unexpired Certificate of civil liability insurance for motor
vehicles;
c) Any person operating a car, tractor or car-like
vehicle with a driving license that has been expired for less than 06 months.
5. A fine ranging from VND 800,000 to
VND 1,200,000 shall be imposed upon an operator of a motorcycle whose
engine displacement is under 175 cm3 and the like who commits any of
the following violations:
a) Failure to have a driving license or using a
driving license that is not issued by a competent authority, or using a
falsified driving license;
b) Using an international driving license issued by
any of the Member States of the Convention of Road Traffic 1968 (except for
international driving licenses issued by Vietnam’s authority) without carrying
a national driving license;
c) Using an invalid driving license (driving
license template number at the back does not match with the latest issued
template number in system for management of driving license).
6. A fine ranging from VND 1,200,000 to
VND 3,000,000 shall be imposed upon a person from 16 to under 18 years of
age that operates a car, tractor or car-like vehicle.
7. A fine ranging from VND 3,000,000 to
VND 4,000,000 shall be imposed upon an operator of a motorcycle whose
engine displacement is under 175 cm3 and motorcycles with three
wheels who commits any of the following violations:
a) Possessing a driving license inconsistent with
the operated vehicle;
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c) Using an international driving license issued by
any of the Member States of the Convention of Road Traffic 1968 (except for
international driving licenses issued by Vietnam’s authority) without carrying
a national driving license.
d) Using an invalid driving license (driving license
template number at the back does not match with the latest issued template
number in system for management of driving license).
8. A fine ranging from VND 4,000,000 to
VND 6,000,000 shall be imposed upon the operators of a car, tractor or
car-like vehicle who commits any of the following violations:
a) Using a driving license that is not consistent
with the type of vehicle being operated or that has expired for 06 months or
more;
b) Failure to have a driving license or using a
driving license that is not issued by a competent authority, or using a
falsified driving license;
c) Using an international driving license issued by
any of the Member States of the Convention of Road Traffic 1968 (except for
international driving licenses issued by Vietnam’s authority) without carrying
a national driving license;
d) Using an invalid driving license (driving
license template number at the back does not match with the latest issued
template number in system for management of driving license).
9. Apart from incurring fines, the vehicle operator
that commits the violations shall also incur the following additional
penalties:
a) The violation(s) specified in Points a and c
Clause 5; Points b and d Clause 7; Points b and d Clause 8 of this Article
shall lead to confiscation of driving license issued by other than competent
agencies, erased driving license and inappropriate driving license;
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Article 22. Penalties for
violations against regulations on qualification for operating heavy-duty
vehicles
1. A fine ranging from VND 100,000 to
VND 200,000 shall be imposed for:
a) Any person operating a heavy-duty vehicle
without reaching the permissible age;
b) Any person operating a heavy-duty vehicle
without carrying a suitable driving license or certificate of training in
traffic rules;
c) Any person operating a heavy-duty vehicle
without carrying the Certificate of vehicle registration;
d) Any person operating a heavy-duty vehicle
without carrying the certificate of technical and environmental safety (if
required).
2. A fine ranging from VND 600,000 to
VND 1,000,000 shall be imposed for upon a person operating a heavy-duty
vehicle without obtaining an appropriate driving license or certificate of
training in traffic rules.
Section 5. VIOLATIONS AGAINST
REGULATIONS ON ROAD TRANSPORT
Article 23. Penalties imposed
upon operators of civil and commercial passenger automobiles, and similar
automobiles violating road traffic regulations
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a) Failure to instruct passengers to stand, sit, or
lie in place;
b) Failure to wear uniform and the driver’s name
tag.
2. A fine ranging from VND 400,000 to
VND 600,000 shall be imposed upon the operator of a passenger vehicle
(except for buses) for each passenger carried beyond the following permissible
limits: 02 or more excess passengers on a 9 seater vehicle or smaller, 03 or
more excess passengers on a 10 - 15 seater vehicle; 04 or more excess
passengers on a 16 - 30 seater vehicle; 05 or more excess passengers on a
vehicle with more than 30 seats, except for the violations mentioned in Clause
4 of this Article. Nevertheless, the total fine incurred by such operator shall
not exceed VND 40,000,000.
3. A fine ranging from VND 600,000 to
VND 800,000 shall be imposed for:
a) Leaving the door open while the vehicle is
running;
b) Allowing the passengers to stay in the vehicle
while the vehicle is entering or leaving a barge or a floating bridge (except
for weak and old people, the disabled, and sick people);
c) Failure to stick to the prescribed route;
d) Allowing passengers to lie on hammocks in the
vehicle or hang from the vehicle while it is running;
dd) Stacking luggage and goods unsafely; dropping
luggage or goods from the vehicle; placing goods in the passenger cabin;
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g) Carrying stinky goods on a passenger vehicle;
h) Transporting passengers without attendants (if
required);
i) Operating taxis without taximeters (in case of
vehicles registering for taximeters) or without appropriate taximeters or
without using taximeters as per the law when transporting passengers;
k) Operating a fixed-route vehicle without adhering
to the route licensed by a competent authority (if any);
l) Operating a fixed-route passenger vehicle and
collecting money without giving tickets to passengers, or sell tickets at
higher prices than prescribed rates;
m) Operating a passenger vehicle without seat belts
at seats and beds as per the law (except for provincial bus lines);
n) Operating a passenger vehicle without providing
passengers with instructions on traffic safety and emergency exit upon
vehicular accidents as per the law;
o) Operating taxis without using applications to
calculate taxi fares (in case of vehicles registering for such applications) or
without using applications satisfactory to regulations and law;
p) Operating taxis using taxi fare applications
without installing devices to directly connect with passengers on the vehicles
as per the law.
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5. A fine ranging from VND 1,000,000 to
VND 2,000,000 shall be imposed for:
a) Allowing passengers to get on or off the vehicle
while it is running;
b) Transferring passengers to another vehicle
without their consents; threatening, humiliating passengers; fighting over
passengers; forcing passengers to use services against their will;
c) Forcing passengers to get off the vehicle to
avoid inspection by law enforcement officers;
d) Making the vehicle imbalanced when loading
cargo;
dd) Picking up or disembarking passengers at
improper places on fixed routes where such places are already determined;
disembarking passengers or stopping to pickup or disembark passengers longer
than permitted, except for the violations specified in Point a Clause 7 of this
Article;
e) Picking up or disembarking passengers where
stopping or parking is prohibited or at a curved segment where view is blocked,
except for the violations specified in Point a Clause 7 of this Article;
g) Operating a vehicle providing passenger
transportation services without installing tracking devices on the vehicle as
per the law, except for violations specified in Point dd Clause 6 of this
Article;
h) Operating a tourist vehicle or contract-based
passenger vehicle using written contracts without a list of passengers,
carrying passengers not on the list or carrying passengers inconsistent with
regulations and law (applicable to vehicles under contracts for transporting
students and employees to schools and to workplaces); failure to have or carry
the transport contract or a conformable one as prescribed;
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k) Picking up or disembarking passengers at places
not specified in the contract, except for the violations specified in Point a
Clause 7 of this Article;
l) Operating a fixed-route international passenger
transport vehicle without a list of passengers or carrying passengers not on
the list; except for the violations specified in Point c Clause 1 Article 35
hereof;
m) Carrying luggage or cargo beyond the GVWR of the
vehicle;
n) Operating a vehicle providing transportation for
tourism or a contract-based passenger transportation vehicle and picking up,
charging or verifying booking of individual passenger; operating contract-based
vehicle and designating fixed-routes to serve different customers and service
recipients;
o) Failure to use driver identification cards to
input information as per the law or using driver identification cards of other
drivers to input information when operating passenger vehicle;
p) Operating a vehicle providing passenger
transportation services without installing cameras as per the law (if required
by the law) or installing cameras without capability to record and store images
on the vehicle (including those of the driver) during the vehicle's operation
as per the law;
q) Operating a vehicle transporting tourists or
passengers under contract using electronic contract without having devices to
access contents of the electronic contract and the passenger list or failure to
provide the electronic contract and passenger list for competent authorities
where requested, transporting passengers whose names are not on the passenger
list or transporting passengers inconsistent with regulations and law (with
respect to contract-based vehicle transporting students and employees to
schools and workplaces).
6. A fine ranging from VND 3,000,000 to
VND 5,000,000 shall be imposed for:
a) Transporting dangerous, toxic, flammable,
explosive goods, transporting animals or other goods that affect the health of
passengers on the passenger vehicle;
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c) Attacking passengers physically;
d) Operating the vehicle beyond time limits
specified in Clause 1 Article 65 of the Law on Road traffic;
dd) Failure to install functional tracking devices
on vehicles providing passenger transportation services as per the law or
using technical measures, peripheral equipment or other measures to falsify
data of tracking devices installed on automobiles;
e) Operating an international passenger transport
vehicle without a national symbol or international transport badge or an
unexpired one or one issued by a competent authority.
7. A fine ranging from VND 5,000,000 to
VND 7,000,000 shall be imposed for:
a) Picking up and disembarking passengers on a
freeway;
b) Operating an international passenger transport
vehicle without a badge or an unexpired one or one issued by a competent
authority.
8. Apart from incurring fines, the vehicle operator
that commits the violations shall also incur the following additional
penalties:
a) The violation(s) specified in Clause 2, Clause 4
(in case of exceeding from more than 50% to 100% of number of passengers
permissible for transportation); Points c, d and e Clause 3; Points a, b, c ,d
, dd, e, h, i, k, l, m, o and q Clause 5; Clause 6; Point b Clause 7 of this
Article shall lead to suspension of driving license from 1 month to 3 months;
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c) The violation(s) specified in Clause 2 and Clause
4 of this Article (in case of exceeding 100% of number of passengers
permissible for transport) shall lead to suspension of driving license from 3
months to 5 months;
d) The violation(s) specified in Point e Clause 6,
Point b Clause 7 of this Article shall lead to confiscation of expired badges
or badges issued by other than competent authorities.
9. Apart from the penalties, the violating vehicle
operator shall be compelled to:
a) The violation(s) specified in Clause 2 and
Clause 4 of this Article (in case of passenger transportation) shall lead to
allocation of other vehicles to carry passengers exceeding permissible amount;
b) The violation(s) specified in Point l Clause 3
of this Article (in case of charging beyond the limit) shall lead to return of
illegal profit earned from the administrative violation.
Article 24. Penalties imposed
upon operators of trucks, tractors (including trailers and towed semi-trailers)
and or car-like vehicles transporting goods violating traffic rules
1. A fine ranging from VND 600,000 to
VND 800,000 shall be imposed for:
a) Transporting goods without securing or without
proper securing when goods require securing, except for violations specified in
Point c Clause 4 of this Article;
b) Operating a vehicle to stack goods on top of the
cockpit or loading goods in a manner that causes the vehicle to be unbalance;
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2. A fine ranging from VND 800,000 to
VND 1,000,000 shall be imposed for:
a) Operating a vehicle (including trailers and
semi-trailers) carrying cargo beyond the maximum permissible payload written in
the Certificate of technical and environmental safety by exceeding 10% to 30%
(for vehicles other than tanker trucks) or by exceeding 20% to 30% (for tanker
trucks);
b) Putting cargo on the roof; stacking cargo beyond
the width of the cargo container; stacking goods longer than the length of the
vehicle by more than 10%;
c) Carrying passengers in the cargo container;
allowing the passenger to sit or lie on the roof or hang from the vehicle while
it is running;
d) Operating vehicle for goods transportation
without transport permit in written form as per the law or without devices to
access software displaying contents of the transport permit as per the law or
failure to provide competent authorities with devices to access the transport
permit upon request;
dd) Operating vehicles towing trailers and
semi-trailers whose total weight (including weight of the trailers,
semi-trailers and carried goods) of trailers and semi-trailers exceed
permissible weight to be towed as specified in the certificates for technical
and environmental safety by exceeding 10% to 30%.
3. A fine ranging from VND 1,000,000 to
VND 2,000,000 shall be imposed for:
a) Operating a vehicle providing goods
transportation services without installing tracking devices on the vehicle as
per the law, except for violations specified in Point c Clause 5 of this
Article;
b) Failure to use driver identification cards to
input information as per the law or using driver identification cards of other
drivers to input information when operating vehicle for goods transportation;
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4. A fine ranging from VND 2,000,000 to
VND 3,000,000 shall be imposed for:
a) Driving a taxi truck without a taximeter or a
properly installed one;
b) Carrying cargo beyond the permissible height
(for trucks, including trailers and semi-trailers);
c) Carrying containers on the vehicles (including
semi-trailers) without employing devices to secure the containers to the
vehicles or using improper devices leading to displacement of containers during
transportation.
5. A fine ranging from VND 3,000,000 to
VND 5,000,000 shall be imposed for:
a) Operating a vehicle (including trailers and
semi-trailers) carrying cargo beyond the maximum permissible payload written in
the Certificate of technical and environmental safety by exceeding 30% - 50%;
b) Operating the vehicle beyond time limits
specified in Clause 1 Article 65 of the Law on Road traffic;
c) Failure to install functional tracking devices
on vehicles providing goods transportation services as per the law or
using technical measures, peripheral equipment or other measures to falsify
data of tracking devices installed on automobiles;
dd) Operating vehicles towing trailers and
semi-trailers whose total weight (including weight of the trailers,
semi-trailers and carried goods) of trailers and semi-trailers exceed
permissible weight to be towed as specified in the certificates for technical
safety and environmental protection by exceeding 30% to 50%.
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a) Operating a vehicle (including trailers and
semi-trailers) carrying cargo beyond the maximum permissible payload written in
the Certificate of technical and environmental safety by exceeding 50% to 100%;
b) Operating vehicles towing trailers and
semi-trailers whose total weight (including weight of the trailers,
semi-trailers and carried goods) of trailers and semi-trailers exceed
permissible weight to be towed as specified in the certificates for technical
safety and environmental protection by exceeding 50% to 100%;
c) Loading and unloading on a freeway;
d) Operating a vehicle a badge (if required) or an
unexpired one or one issued by a competent authority.
7. A fine ranging from VND 7,000,000 to
VND 8,000,000 shall be imposed upon:
a) Operating a vehicle (including trailers and
semi-trailers) carrying cargo beyond the maximum permissible payload written in
the Certificate of technical and environmental safety by exceeding 100% to
150%;
b) Operating vehicles towing trailers and
semi-trailers whose total weight (including weight of the trailers,
semi-trailers and carried goods) of trailers and semi-trailers exceed
permissible weight to be towed as specified in the certificates for technical
and environmental safety by exceeding 100% to 150%;
8. A fine ranging from VND 8,000,000 to
VND 12,000,000 shall be imposed upon:
a) Operating a vehicle (including trailers and
semi-trailers) carrying cargo beyond the maximum permissible payload written in
the Certificate of technical and environmental safety by exceeding 150%;
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c) Committing the violation(s) specified in Clause
l, Point c Clause 4 of this Article and causing traffic accidents.
9. Apart from incurring fines, the vehicle operator
that commits the violations shall also incur the following additional
penalties:
a) The violation(s) specified in Points b and c
Clause 2; Point b Clause 3; Points b and c Clause 4; Clause 5; Points a, b and
d Clause 6 of this Article shall lead to suspension of driving license from 1
month to 3 months;
b) The violation(s) specified in Point c Clause 6,
Clause 7, Point c Clause 8 of this Article shall lead to suspension of driving
license from 2 months to 4 months;
c) The violation(s) specified in Points a and b
Clause 8 of this Article shall lead to suspension of driving license from 3
months to 5 months;
d) The violation(s) specified in Point d Clause 6
of this Article shall lead to confiscation of expired badges or badges issued
by other than competent authorities.
Article 25. Penalties imposed
upon vehicle operators violating regulations on transport of oversized cargo
1. A fine ranging from VND 1,000,000 to
VND 2,000,000 shall be imposed for:
a) Transporting oversized cargo without a sign
indicating its size;
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2. A fine ranging from VND 5,000,000 to
VND 7,000,000 shall be imposed for:
a) Transporting oversized cargo without a license
for transport or an unexpired one or one issued by a competent authority;
b) Transporting oversized cargo with an unexpired
license for transport but the gross vehicle weight (GVW) or outer size (after
cargo is loaded) exceeds the limits in the license for transport;
c) Transporting oversized cargo with valid license
for transport without sticking to routes designated in the license for transport;
d) Transporting oversized cargo with valid license
for transport without transporting the correct type of goods designated in the
license for transport.
3. Apart from incurring fines, the violator shall
also incur the following additional penalties:
a) The violation(s) specified in Clause 1 of this
Article shall lead to suspension of driving license from 01 month to 03 months;
b) The violation(s) specified in Clause 2 of this
Article shall lead to suspension of driving license from 02 month to 04 months;
c) The violation(s) specified in Point a Clause 2
of this Article shall lead to confiscation of license for transport that is
expired or issued by other than competent authorities.
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Article 26. Penalties imposed
upon vehicle operators violating regulations on transport of pollutants and
dangerous goods
1. A fine ranging from VND 1,000,000 to
VND 2,000,000 shall be imposed for:
a) Stopping or parking at crowded places, in
residential areas, at important works while transporting dangerous goods;
transporting dangerous goods without danger signs, except for the violations
specified in Clause 2 of this Article;
b) Transporting pollutants against the regulations
on environment protection, except for the violations mentioned in Clause 2 of
this Article.
2. A fine ranging from VND 2,000,000 to
VND 3,000,000 shall be imposed for transporting dangerous goods without a
license or against the license, except for the violations specified in Point a
Clause 6 Article 23 hereof.
3. Apart from incurring fines, a vehicle operator
that commits any of the violations specified in Clauses 1 and 2 of this Article
shall also have his/her driving license suspended from 1 month to 3 months.
4. Apart from the penalties, persons committing any
of the violations specified in Clauses 1 and 2 of this Article shall be compelled
remedial measures to rectify environmental pollution caused by the
administrative violations.
Article 27. Penalties impose
upon operators of garbage trucks, vehicles transporting wastes, bulk cargo, or
other goods violating regulations on transport in urban areas
1. A fine ranging from VND 1,000,000 to
VND 2,000,000 shall be imposed for the operating such vehicle with
adhering to the prescribed route, range, and time.
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Article 28. Penalties for
violations against regulations on road transport and ancillary services for
road transport
1. A fine ranging from VND 500,000 to
VND 1,000,000 shall be imposed upon an individual, from VND 1,000,000
to VND 2,000,000 upon an organization that commits any of the following
violations:
a) Loading cargo on each vehicle (including
trailers and semi-trailers) beyond the maximum permissible payload written in
the Certificate of technical and environmental safety by exceeding 10% to 50%
(for vehicles other than tanker trucks) or by exceeding 20% to 50% (for tanker
trucks);
b) Loading goods onto a vehicle without certifying
the loading on the transport order as prescribed.
2. A fine ranging from VND 1,000,000 to
VND 2,000,000 shall be imposed upon an individual, from VND 2,000,000
to VND 4,000,000 upon an organization that commits any of the following
violations:
a) Failure to put or failure to accurately and
adequately put the name and phone number of the transport service provider on
the outer sides of the body or doors of the passenger vehicle, except for the
violations specified in Point d Clause 4 of this Article;
b) Failure to put or failure to accurately and
adequately put the name and phone number of the cargo transport service
provider, GVW, maximum permissible payload, and GVWR on the door of the truck
as prescribed;
c) Failure to put or adequately put full name and
phone number of entities providing goods transportation services, GVW, maximum
permissible payload, and GVWR on the door of the container trucks as
prescribed; failure to put or adequately put full name and phone number of
entities providing goods transportation services, GVW, maximum permissible
payload, and GVWR on the door of the trailers and semi-trailers as prescribed;
d) Failure to put or failure to accurately and
adequately put the name and phone number of the taxi truck service provider,
the net weight of the vehicle, the maximum permissible payload of the vehicle
on the outer sides of the body or doors of the taxi truck as prescribed;
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e) Failure to number the passenger seats;
g) Operating a vehicle providing passenger
transportation services along fixed routes or vehicle providing passenger
transportation services in form of buses that are not installed with priority
seats for persons with disabilities, old people and pregnant women as per the
law;
h) Operating a passenger vehicle without providing
passengers with instructions on traffic safety and emergency exit upon
vehicular accidents as per the law.
3. A fine ranging from VND 2,000,000 to
VND 3,000,000 shall be imposed on an individual and from VND 4,000,000 to
VND 6,000,000 on an organization who loads cargo on each vehicle (including
trailers and semi-trailers) beyond the maximum permissible payload written in
the Certificate of technical and environmental safety by exceeding 50% to 100%.
4. A fine ranging from VND 3,000,000 to
VND 4,000,000 shall be imposed upon an individual, from VND 6,000,000
to VND 8,000,000 upon an organization that commits any of the following
violations:
a) Failure to provide transport order and transport
permit for drivers as per the law;
b) Failure to register and put up or accurately and
adequately put up information about the routes, starting points and
destinations, charges, quality standards of the transport services or ancillary
services, except for the violations specified in Point dd Clause 2 of this
Article;
c) Using a 09 seater vehicle or bigger as a
passenger taxi;
d) Operating passenger taxis without installing the
“TAXI” roof signs and posting “XE TAXI” (taxi) on the front and rear
windshields as per the law or improperly installing the “TAXI” roof signs (not
fixed, incorrect dimensions and made with materials other than reflectors);
failure to include accurate service phone number according to business (cooperative)
registration;
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e) Failure to issue “Thẻ nhận dạng lái xe” (driver
identification) for drivers as per the law;
g) Employing drivers and attendants who are not
trained in passenger transport and road safety (if the type of transport
requires that drivers and attendants be so trained);
h) Employing drivers and attendants without
employment contracts;
i) Failure to develop procedures to ensure traffic
safety or failure to adequately develop as per the law or failure to follow the
procedures for ensuring traffic safety as per the law;
k) Failure to assign personnel to directly operate
transportation activities or failure to satisfy requirements after assigning as
per the law;
l) Using the vehicles of cooperative members to
provide transport services without written agreements between such members and
the cooperative; or using vehicles that are not under their right to enjoyment
to provide transport services;
m) Failure to park in designated areas;
n) The information in the transport order is not
completely certified by the station or not certified at all, or the transport
order is certified while the vehicle is not present at the station;
o) Failure to notify content of the passenger
transport contract to the Provincial Department of Transport before executing
such contract;
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g) Operating a passenger vehicle without seat belts
at seats and beds as per the law (except for provincial bus lines);
r) Operating contract-based passenger vehicles and
vehicles providing tourism transportation whose number of trips sharing
departure locations and sharing destination exceed the limit as per the law;
s) Operating contract-based passenger vehicle and
vehicles providing tourism transportation without complying with regulations on
picking up and disembarking passengers at head offices, branch offices,
representative offices or other specific locations hired or cooperated with
transport service providers;
t) Operating taxis, contract-based passenger
vehicles and vehicles providing tourism transportation whose 70% of total
operational period in a month in a province (or central-affiliated city)
without possessing the badges issued by Departments of Transports of
corresponding province (or central-affiliated city).
5. A fine ranging from VND 4,000,000 to
VND 5,000,000 shall be imposed on an individual and from VND 8,000,000 to
VND 10,000,000 on an organization who loads cargo on each vehicle (including
trailers and semi-trailers) beyond the maximum permissible payload written in
the Certificate of technical and environmental safety by exceeding 100%.
6. A fine ranging from VND 5,000,000 to
VND 6,000,000 shall be imposed upon an individual, from VND 10,000,000
to VND 12,000,000 upon an organization that commits any of the following
violations:
a) Running a bus station, parking lot, or rest stop
without permission by a competent authority;
b) Allowing the vehicles that are not suitable for
passenger transports to pick up passengers in the station;
c) Failure to provide, update, transmit, store and
manage information from tracking devices as per the law; failure to provide
username and password to log onto software processing data from the tracking
devices under management for regulatory authorities;
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dd) Using vehicles without GPS surveillance devices
to provide transport services (if required) or without functional or
conformable ones; employing technical measures, peripheral equipment and other
measures to falsify data of the tracking devices of the automobiles;
e) Operating intermediate transportation against
regulations and law;
g) Employing drivers operating double decker
sleeper bus with in adequate experience as per the law;
h) Failure to establish a department to monitor
traffic safety conditions or failure to adequately execute all tasks as per the
law;
i) Using vehicles whose quality or service life
fail to meet the conditions for the registered type of transport services;
k) Failure to retain relevant documents during the
operation;
l) Failure to prepare or adequately prepare
backgrounds of vehicles and operators as per the law;
m) Operating contract-based passenger vehicles and
vehicles providing tourism transportation without bringing transport contracts
on the vehicles, attached passenger list and devices to access electronic
contracts and passenger list as per the law or failure to meet requirements as
per the law, carrying passengers not in the passenger list or carrying
incorrect passengers in case of contract-based vehicles transporting students
and employees to schools, universities and workplaces);
n) Operating passenger taxis without installing
taximeters (if registered for one) or installing improper taximeters; failure
to install receipt printers connected with taximeters as per the law or
installing improper receipt printers or printing receipts containing inadequate
information as per the law;
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p) Failure to store and transmit images from
cameras installed on the automobile to servers, failure to provide accounts to
access the servers for competent regulatory authorities as per the law;
q) Operating passenger taxis without installing
devices to directly connect with the passengers as per the law (if registered
for taxi fare software) or using taxi fare software unsatisfactory to
regulations and law.
7. A fine ranging from VND 7,000,000 to
VND 10,000,000 shall be imposed upon an individual, from
VND 14,000,000 to VND 20,000,000 upon an organization that commits
any of the following violations:
a) Providing transport services by car without a
License for transport services;
b) Conducting the business in contravention of the
License for transport services;
c) Establishing illegal stations;
d) Bus station's failure to adhere to safety
procedures for allowing vehicles to enter and leave the station;
dd) Failure to organize adequate periodic medical check-up
for driver as per the law;
e) Failure to provide information on transport
order of each bus route and fixed-route vehicles as per the law;
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h) Violating regulations and law on business and
conditions for providing automobile transport services thus causing traffic
accidents at serious level or higher;
i) Operating vehicles providing transport services
to pick up and disembark passengers, load and unload cargo on a freeway;
k) Transport service providers utilizing electronic
contracts without adequate software interface for passengers or service
recipients as per the law; failure to send electronic invoices and store data
of electronic contracts as per the law.
8. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed on entities manufacturing, assembling and importing
tracking devices of automobiles and entities providing transport solution
software for:
a) Entities manufacturing, assembling and importing
tracking devices of automobiles failing to assign personnel for each position
as per the law;
b) Entities manufacturing, assembling and importing
tracking devices of automobiles failing to update and adjust firmware of
devices as per the law;
c) Entities providing transport solution software
failing to comply with regulations and law on provision of transport solution
application; failing to publicize procedures of handling complaints of
customers and failing to develop systems to store complaints of customers as
per the law.
9. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed on entities manufacturing, assembling and importing
tracking devices of automobiles or entities providing automobile tracking
services for falsifying information and data of automobile tracking devices.
10. Apart from incurring fines, the violator shall
also incur the following additional penalties:
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b) The violation(s) specified in Points i and k
Clause 4; Point h Clause 6; Points b and h Clause 7 of this Article shall lead
to suspension of license for transport services from 1 month to 3 months;
c) The violation(s) specified in Points d, dd, i
and m Clause 6 of this Article shall also lead to suspension of driver license
from 1 month to 3 months if transport service providers are direct operators of
violating vehicles;
d) The violation(s) specified in Point i Clause 7
of this Article shall also lead to suspension of driver license from 2 months
to 4 months if transport service providers are direct operators of violating
vehicles;
dd) The violation(s) specified in Point i Clause 6
of this Article shall lead to confiscation of vehicles (except for cases in
which automobiles with 10 seats or more providing passenger transportation
services whose service life exceeds regulations on business conditions of
registered business form less than 20 years from the year of manufacture and
automobiles with less than 10 seats providing passenger transportation
services);
11. Apart from incurring penalties, following
remedial measures shall also be adopted:
a) The violation(s) specified in Points a, b, c, d
and dd Clause 2; Point b Clause 4 of this Article shall lead to adequate and
accurate registration and declaration of information as per the law;
b) The violation(s) specified in Points d and dd
Clause 4 of this Article shall lead to installation of roof signs specifying
“TAXI” or enforced display of phrases “XE TAXI” (taxi), “XE HỢP DỒNG” (vehicle
operated under contracts) or “XE DU LỊCH” (vehicles for tourism);
c) The violation(s) specified in Point e Clause 4
of this Article shall lead to issuance of driver identification for vehicle
operators as per the law;
d) The violation(s) specified in Point g Clause 4,
Point dd Clause 7 of this Article shall lead to organization of professional
training or periodic medical check-up for vehicle operators and personnel
working on vehicles as per the law;
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e) The violation(s) specified in Point i Clause 4
of this Article shall lead to development and adoption of procedures for
traffic safety as per the law;
g) The violation(s) specified in Point k Clause 4
of this Article shall lead to assignment of eligible personnel to directly
operate transportation as per the law;
h) The violation(s) specified in Points q Clause 4;
Points dd, n and o Clause 6 of this Article shall lead to installation of
cameras, seat belts, taximeters, receipt printers and tracking devices on the
vehicles as per the law;
i) The violation(s) specified in Points c and p
Clause 6 of this Article shall lead to provision, update, transmission, storage
and management of information from tracking devices and cameras installed on
the vehicles as per the law; provision of username and password to access
software processing data from tracking devices of the vehicles or to the
servers for competent agencies as per the law;
k) The violation(s) specified in Point d Clause 6
of this Article (in case of charging beyond the limit) shall lead to return of
illegal profit earned from the administrative violation;
l) The violation(s) specified in Points k and l
Clause 6 of this Article shall lead to adequate and accurate preparation,
update and storage of vehicles’ background, occupation background of drivers
and relevant documents during management and operation of transportation as per
the law.
Section 6. OTHER OFFENCES
RELATED TO ROAD TRAFFIC
Article 29. Penalties for
illegal manufacture, assembly of motor vehicles; illegal manufacture or sale of
license plates
1. A fine ranging from VND 1,000,000 to
VND 2,000,000 shall be imposed upon an individual, from VND 2,000,000
to VND 4,000,000 upon an organization that sells license plates that are
not manufactured or allowed by competent authorities.
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3. Apart from incurring fines, the violator that
commits any of the violations specified in Clause 1 or Clause 2 of this Article
shall have the illegal license plates or illegally manufactured or assembled
vehicles confiscated.
4. If the road infrastructure is damaged by the
violations specified in Clause 1 or Clause 2 of this Article, the violator
shall be compelled to repair and restore the original condition apart from
incurring the penalties.
Article 30. Penalties imposed
upon vehicle owners
1. For owners of mopeds and motorcycles: A fine
ranging from VND 100,000 to VND 200,000 shall be imposed upon an
individual, from VND 200.000 to VND 400.000 upon an organization
which deliberately changes brand and color of vehicle causing inconsistent with
certificate of vehicle registration.
2. For owners of cars, tractors, heavy-duty
vehicles and car-like vehicles: A fine ranging from VND 300,000 to
VND 400,000 shall be imposed upon an individual, from VND 600,000 to
VND 800,000 upon an organization that commits any of the following
violations:
a) Using windshields or windows made of glass other
than safety glass;
b) Changing the color of the vehicle without
permission (according to the Certificate of vehicle registration);
c) Failure to declare to vehicle registration
authorities as per the law before renovating the vehicles (if specific type of
vehicles is required to be declared).
3. For each passenger carried beyond the
permissible limit, a fine ranging from VND 1,000,000 to VND 2,000,000 shall be
imposed upon an individual, from VND 2,000,000 to VND 4,000,000 upon an
organization that is the owner of a passenger vehicle (except for buses) that
directly operates the vehicle or requests/allows their employee or
representative to operate the vehicle committing the violation specified in
Clause 2 Article 23 of this Decree (nevertheless, the total fine incurred by
such individual shall not exceed VND 40,000,000; the total fine incurred by
such organization shall not exceed VND 80,000,000).
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a) Failure to follow procedures for transferring
the vehicle ownership when buying, being given, allocated, or inherited a moped
or motorcycle;
b) Failure to follow procedures for issuance of
revised certificates of vehicle registration as per the law when changing
address of vehicle owners;
c) Failure to comply with regulations on license
plates, except for violations specified in Point i Clause 5 of this Article.
5. For owners of mopeds and motorcycles: A fine
ranging from VND 800,000 to VND 2,000,000 shall be imposed upon an
individual, from VND 1,600,000 to VND 4,000,000 upon an organization
that commits any of the following violations:
a) Deliberately cutting, welding and punching to
modify chassis number and engine number; operating vehicles whose chassis
number and engine number have been modified due to being cut, welded and
punched;
b) Falsifying or forging the documents about
vehicle registration;
c) Changing the chassis, engine, shape, size, or
functions of the vehicle;
d) Providing false information or using fraudulent
documents to apply for the license plate or Certificate of vehicle
registration;
dd) Allowing an unqualified person according to
Clause 1 Article 58 of the Law on Road traffic to operate the vehicle on public
roads (including those using an expired driving license or those with revoked
driving license);
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g) Operating vehicles without certificates of
vehicle registration or with expired certificates of vehicle registration;
operating vehicles with temporary certificates of vehicle registration beyond
the permitted period, route and range;
h) Operating vehicles with certificates of vehicle
registration issued by other than competent authorities or with modified
certificates of vehicle registration; operating vehicles with certificates of
vehicle registration inconsistent with chassis number of the vehicles;
i) Installing and using devices modifying license
plates against regulations and law;
k) Operating a vehicle without a license plate (if
required); or the license plate of which is not consistent with the Certificate
of vehicle registration or not issued by a competent authority.
6. For each passenger carried beyond the
permissible limit, a fine ranging from VND 1,000,000 to VND 2,000,000 shall be
imposed upon an individual, from VND 2,000,000 to VND 4,000,000 upon an
organization that is the owner of a passenger vehicle (except for buses) that
directly operates the vehicle or requests/allows their employee or
representative to operate the vehicle committing the violation specified in
Clause 4 Article 23 of this Decree (nevertheless, the total fine incurred by
such individual shall not exceed VND 40,000,000; the total fine incurred by
such organization shall not exceed VND 80,000,000).
7. For owners of cars, tractors, heavy-duty
vehicles and car-like vehicles: A fine ranging from VND 2,000,000 to
VND 4,000,000 shall be imposed upon an individual, from VND 4,000,000
to VND 8,000,000 upon an organization that commits any of the following
violations:
a) Deliberately cutting, welding and punching to
modify chassis number and engine number; operating vehicles whose chassis
number and engine number have been modified due to being cut, welded and
punched;
b) Erasing or modifying vehicle registration
documents;
c) Failure to comply with revocation of
certificates of vehicle registration and license plates; Certificate of
technical and environmental safety for road vehicle as per the law;
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dd) Failure to comply with regulations and law on
license plates and lettering on sides and doors of vehicles, except for
violations specified in Point g Clause 8 of this Article, Points a, b, c, d and
dd Clause 2 Article 28; Point b Clause 3 Article 37 of this Decree;
e) Providing false information or using fraudulent
documents to apply for the reissuance of the license plate, Certificate of
vehicle registration, or Certificate of technical and environmental safety;
g) Allowing an employee or representative to
operate the vehicle committing any of the violations specified in Point e
Clause 3, Point m Clause 5 Article 23 hereof, or directly operating the vehicle
committing any of the violations specified in Point e Clause 3, Point m Clause
5 Article 23 hereof;
h) Allowing an employee or representative to
operate the vehicle committing any of the violations specified in Points a and
dd Clause 2 Article 24 hereof, or directly operating the vehicle committing any
of the violations specified in Points a and dd Clause 2 Article 24 hereof;
i) Allowing an employee or representative to
operate the vehicle committing any of the violations specified in Point b
Clause 2 Article 24 hereof, or directly operating the vehicle committing any of
the violations specified in Point b Clause 2 Article 24 hereof;
k) Allowing an employee or representative to
operate the vehicle committing any of the violations specified in Clause 2
Article 33 hereof, or directly operating the vehicle committing any of the
violations specified in Clause 2 Article 33 hereof;
l) Failure to follow procedures for transferring
the vehicle ownership when buying, being given, allocated, or inherited an
automobile, tractor, heavy-duty vehicle or car-like vehicles;
m) Operating vehicles without certificates of
vehicle registration or with expired certificates of vehicle registration;
operating vehicles with temporary certificates of vehicle registration beyond
the permitted period, route and range.
8. For owners of cars, tractors, heavy-duty vehicles
and car-like vehicles: A fine ranging from VND 4,000,000 to
VND 6,000,000 shall be imposed upon an individual, from VND 8,000,000
to VND 12.000.000 upon an organization that commits any of the following
violations:
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b) Operating a motor vehicle or heavy-duty vehicle
on public roads with a certificate of technical and environmental safety or
stamp of technical and environmental safety (if required) that has expired for
less than 01 month (including those for trailers and semi-trailer);
c) Allowing an employee or representative to
operate the vehicle committing any of the violations specified in Point b
Clause 4 Article 24 hereof, or directly operating the vehicle committing any of
the violations specified in Point b Clause 4 Article 24 hereof;
d) Allowing an employee or representative to
operate the vehicle committing any of the violations specified in Point d
Clause 6 Article 23; Point b Clause 5 Article 24 hereof, or directly operating the
vehicle committing any of the violations specified in Point d Clause 6 Article
23; Point b Clause 5 Article 24 hereof;
dd) Operating vehicles that have exceeding service
life, except for violations specified in Point I Clause 6 Article 28 hereof;
e) Operating vehicles with certificates of vehicle
registration, certificates and stamps certifying technical and environmental
safety of the vehicles issued by other than competent authorities or with
modified certificates of vehicle registration; operating vehicles with
certificates of vehicle registration inconsistent with chassis number of the
vehicles (including trailers and semi-trailers);
g) Operating a vehicle without a license plate (if
required); or the license plate of which is not consistent with the Certificate
of vehicle registration or not issued by a competent authority (including
trailers and semi-trailers);
h) Allowing an unqualified person according to
Clause l Article 58 (in case of automobiles, tractors and car-like vehicles),
Clause l Article 62 (in case of heavy-duty vehicles) of the Law on Road traffic
to operate the vehicle on public roads (including those using an expired or
revoked driving license or certificates of training in traffic rules);
i) Installing and using devices modifying license
plates against regulations and law (including trailers and semi-trailers).
9. For owners of cars, tractors, heavy-duty
vehicles and car-like vehicles: A fine ranging from VND 6,000,000 to
VND 8,000,000 shall be imposed upon an individual, from VND 12,000,000
to VND 16,000,000 upon an organization that commits any of the following
violations:
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b) Transforming other types of vehicle into
passenger vehicles;
c) Operating a motor vehicle or heavy-duty vehicle
on public roads without a certificate of technical and environmental safety or
stamp of technical and environmental safety (if required) or with one that has
expired for 01 month or more (including those for trailers and semi-trailer);
d) Allowing an employee or representative to
operate the vehicle committing any of the violations specified in Points a and
d Clause 5 Article 24 hereof, or directly operating the vehicle committing any
of the violations specified in Points a and d Clause 5 Article 24 hereof;
dd) Allowing an employee or representative to
operate the vehicle committing any of the violations specified in Clause 3
Article 33 hereof, or directly operating the vehicle committing any of the
violations specified in Clause 3 Article 33 hereof;
e) Operating trucks with trunks different from
designs of manufacturers or designs registered with vehicle registration bodies
or revised designs approved by competent agencies;
g) Operating vehicles for tourism transportation
with more or less seats and beds or dimension of cargo bays different from
designs of manufacturers or designs registered with vehicle registration bodies
or revised designs approved by competent agencies;
h) Allowing an employee or representative to operate
the vehicle committing any of the violations specified in Point b Clause 7
Article 23; Point d Clause 6 Article 24 hereof, or directly operating the
vehicle committing any of the violations specified in Point b Clause 7 Article
23; Point d Clause 6 Article 24 hereof.
10. For owners of cars, tractors, heavy-duty
vehicles and car-like vehicles: A fine ranging from VND 14,000,000 to
VND 16,000,000 shall be imposed upon an individual, from
VND 28,000,000 to VND 32,000,000 upon an organization that commits any
of the following violations:
a) Allowing an employee or representative to
operate the vehicle committing any of the violations specified in Points a and
b Clause 6 Article 24 hereof, or directly operating the vehicle committing any
of the violations specified in Points a and b Clause 6 Article 24 hereof;
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c) Allowing an employee or representative to
operate the vehicle committing any of the violations specified in Point b
Clause 2 Article 25 hereof, or directly operating the vehicle committing any of
the violations specified in Point b Clause 2 Article 25 hereof;
d) Allowing an employee or representative to
operate the vehicle committing any of the violations specified in Point c
Clause 2 Article 25 hereof, or directly operating the vehicle committing any of
the violations specified in Point c Clause 2 Article 25 hereof;
dd) Allowing an employee or representative to
operate the vehicle committing any of the violations specified in Point d
Clause 2 Article 25 hereof, or directly operating the vehicle committing any of
the violations specified in Point d Clause 2 Article 25 hereof;
e) Allowing an employee or representative to
operate the vehicle committing any of the violations specified in Point a
Clause 4 Article 33 hereof, or directly operating the vehicle committing any of
the violations specified in Point a Clause 4 Article 33 hereof;
g) Allowing an employee or representative to
operate the vehicle committing any of the violations specified in Point b
Clause 4 Article 33 hereof, or directly operating the vehicle committing any of
the violations specified in Point b Clause 4 Article 33 hereof;
h) Allowing an employee or representative to
operate the vehicle committing any of the violations specified in Point c
Clause 4 Article 33 hereof, or directly operating the vehicle committing any of
the violations specified in Point c Clause 4 Article 33 hereof.
11. A fine ranging from VND 16,000,000 to
VND 18,000,000 shall be imposed upon an individual, from
VND 32,000,000 to VND 36,000,000 upon an organization that is the
owner of a car, tractor, heavy-duty vehicle, or car-like vehicle and requests
or allows an employee or representative to operate the vehicle committing any
of the violations specified in Clause 7 Article 24 hereof, or directly operates
the vehicle committing any of the violations specified in Clause 7 Article 24
hereof.
12. For owners of cars, tractors, heavy-duty
vehicles and car-like vehicles: A fine ranging from VND 18,000,000 to
VND 20,000,000 shall be imposed upon an individual, from VND 36,000,000
to VND 40,000,000 upon an organization that commits any of the following
violations:
a) Allowing an employee or representative to
operate the vehicle committing any of the violations specified in Points a and
b Clause 8 Article 24 hereof, or directly operating the vehicle committing any
of the violations specified in Points a and b Clause 8 Article 24 hereof;
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13. A fine ranging from VND 28,000,000 to
VND 32,000,000 shall be imposed upon an individual, from
VND 56,000,000 to VND 64,000,000 upon an organization that is the
owner of a car, tractor, heavy-duty vehicle, or car-like vehicle and requests
or allows an employee or representative to operate the vehicle committing any
of the violations specified in Point a Clause 6 Article 33 hereof, or directly
operates the vehicle committing any of the violations specified in Point a
Clause 6 Article 33 hereof.
14. Apart from incurring fines, the violator shall
also incur the following additional penalties:
a) The violation(s) specified in Points b, d, h, i
and k Clause 5; Points b and e Clause 7; Points e, g and i Clause 8 of this
Article shall lead to confiscation of license plates and certificates of
vehicle registration (in case already reissued); confiscation of fabricated
documents, files and paper; confiscation of license plates, equipment used to
modify the license plates, certificates of vehicle registration, certificates
and stamps certifying technical and environmental safety of the vehicles and
temporary vehicle registration that are unsatisfactory or erased;
b) The violation specified in Point a Clause 5,
Point a Clause 7, Point dd Clause 8, Point b Clause 9 of this Article shall
lead to confiscation of vehicles;
c) The violation(s) specified in Points g and h
Clause 5, Point m Clause 7; Point e Clause 8 of this Article in case of no
certificates of vehicle registration or using certificates of vehicle
registration issued by other than competent agencies, not matching chassis
number or engine number of the vehicle or erased (including trailers and
semi-trailers) without documents proving vehicle origin (no documents,
certificates on transfer of vehicle ownership or documents, certificates on
legal vehicle origin) shall lead to confiscation of vehicle;
d) The violation(s) specified in Points g, h, i and
k Clause 5; Points g, i and m Clause 7; Points b, c, d, dd, e, g and i Clause
8; Points c, d, dd and h Clause 9; Points a and e Clause 10 of this Article in
case vehicle owners directly operate the vehicles shall lead to suspension of
driving license (in case of road vehicles) and certificates of training in
traffic rules (in case of heavy-duty vehicles) from 1 month to 3 months;
dd) The violation(s) specified in Points b, c, d,
dd, g and h Clause 10; Clause 11; Point b Clause 12 of this Article in case
vehicle owners directly operate the vehicles shall lead to suspension of
driving license (in case of road vehicles) and certificates of training in
traffic rules (in case of heavy-duty vehicles) from 2 months to 4 months;
e) The violation(s) specified in Point a Clause 12
and Clause 13 of this Article in case vehicle owners directly operate the
vehicles shall lead to suspension of driving license (for motor vehicles) or
certificate of training in traffic rules (for heavy-duty vehicles) for 3 months
to 5 months;
g) The violation(s) specified in Clauses 3 and 6 of
his Article in case vehicle owners directly operate vehicle carrying exceeding
50% to 100% more passenger than permitted number shall lead to suspension of
driving license from 1 month to 3 months;
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i) The violations specified in Point h Clause 7,
Point d Clause 9, Point a Clause 10, Clause 11, Point a Clause 12 of this
Article where the cargo container or payload of the vehicle is not conformable
shall lead to suspension of the certificate of technical and environmental
safety and stamp of technical and environmental safety for 1 month to 3 months;
k) The violation specified in Points a, e and g
Clause 9 of this Article shall lead to suspension of certificates and stamps of
technical and environmental safety for 1 month to 3 months;
l) The violation(s) specified in Clause 3 and
Clause 6 of this Article in case carrying exceeding 50% of number of passengers
permissible for transport shall lead to suspension of badges from 1 month to 3
months (if any). The violation(s) specified in Points h and i Clause 7;
Points c, d and dd Clause 9; Clause 10; Clause 11; Clause 12; Clause 13 of this
Article shall lead to suspension of badges from 1 month to 3 months (if any).
15. Apart from incurring penalties, following
remedial measures shall also be adopted:
a) In case of violation(s) specified in Clause 1;
Point b Clause 2 of this Article, enforced restoration of brands and paint
color according to certificates of vehicle registration as per the law;
b) In case of violation(s) specified in Point a
Clause 2 of this Article, enforced replacement with equipment satisfactory to
technical safety standards as per the law;
c) In case of violation(s) specified in Point c
Clause 4 and Point dd Clause 7 of this Article, enforced compliance with
regulations and law on license plates and lettering on sides and doors of
vehicles;
d) In case of violation(s) specified in Points a, e
and g Clause 9 of this Article, enforced restoration to original shape, size or
technical condition of the vehicle and inspection before permitting operation;
dd) In case of violation(s) specified in Point h
Clause 7, Point d Clause 9, Point a Clause 10, Clause 11, Point a Clause 12 of
this Article where trunks and amount of goods permissible for transport are not
conformable to applicable regulations and law, enforced adjustment of trunks in
a manner that is satisfactory to applicable regulations and law, inspection and
adjustment of amount of goods in a manner that is satisfactory to certificates
of technical and environmental safety before permitting operation of vehicle;
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g) In case of violation(s) specified in Point g, h,
i and k Clause 7; Point c Clause 8; Point d and dd Clause 9; Clause 10; Clause
11; Clause 12; Clause 13 of this Article where bridges and roads are damaged,
enforced restoration to original condition prior to the administrative
violations;
h) In case of violation(s) specified in Point b
Clause 4; Points e and g Clause 5; Points c, d, l and m Clause 7 of this
Article, enforced adoption of procedures for vehicle registration, registration
for transfer, revision and revocation of certificates of vehicle registration,
license plates and certificates of technical and environmental safety as per
the law (except for cases of vehicle confiscation).
Article 31. Penalties imposed
upon attendants on buses, fixed-route passenger vehicles, contract-based
passenger vehicles, and tourist vehicles violating traffic rules
1. A fine ranging from VND 80,000 to
VND 100,000 shall be imposed for:
a) Failure to help passengers that are children or
the elderly that cannot get on and off the vehicle themselves, the people
suffering from mobility or visual impairments;
b) Failure to wear uniforms and name tags.
2. A fine ranging from VND 100,000 to
VND 200,000 shall be imposed upon a bus attendant that collects money
without giving tickets to passengers, or sells tickets at higher prices than
prescribed rates.
3. A fine ranging from VND 300,000 to
VND 400,000 shall be imposed upon an attendant on a fixed-route passenger
vehicle that collects money without giving tickets to passengers, or sells
tickets at higher prices than prescribed rates.
4. A fine ranging from VND 1,000,000 to
VND 2,000,000 shall be imposed for:
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b) Forcing passengers to get off the vehicle to
avoid inspection by competent persons.
5. A fine ranging from VND 3,000,000 to
VND 5,000,000 shall be imposed for assaulting passengers.
6. The person committing any of the violations
specified in Clause 2, Clause 3 of this Article (overcharging passengers) shall
be compelled to return the illegal profit earned from committing the violation.
Article 32. Penalties imposed
passengers violating traffic rules
1. A fine ranging from VND 50,000 to
VND 100,000 shall be imposed for:
a) Failure to follow the instructions on road
safety of the driver and attendants;
b) Disturb the order on the vehicle.
2. A fine ranging from VND 300,000 to
VND 400,000 shall be imposed for:
a) Bringing hazardous, flammable explosive
chemicals, dangerous goods, or prohibited goods to the vehicle;
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3. A fine ranging from VND 2,000,000 to VND
3,000,000 shall be imposed for threatening and harming health of other
passengers, drivers and attendants on vehicles.
4. Apart from incurring fines, the person that
commits any of the violations specified in Point a Clause 2 of this Article
shall have the hazardous, flammable explosive chemicals, dangerous goods, or
prohibited goods that are brought on the passenger vehicle confiscated.
Article 33. Penalties imposed
upon operators of tracked vehicles, the vehicles exceeding the capacity or
dimensional limit of the bridge or road (including passenger vehicles)
1. A fine ranging from VND 1,000,000 to VND
2,000,000 shall be imposed for failure to comply with transport permit, except
for violations specified in Points a and b Clause 3; Points b and c Clause 4 of
this Article.
2. A fine ranging from VND 2,000,000 to
VND 3,000,000 shall be imposed for operating a vehicle whose GVW exceeds
the capacity of the bridge or road by exceeding 10% to 20%, unless it is
permitted in an unexpired license for transport.
3. A fine ranging from VND 3,000,000 to
VND 5,000,000 shall be imposed for:
a) Carrying goods exceeding the dimensional limit
of the bridge or road written in the License for transport;
b) Operating a tracked vehicle on public roads
without a License for transport or an unexpired one, or without taking measures
to protect the road on which it is running;
c) Operating a vehicle whose size or cargo size
exceeds the dimensional limit of the bridge or road on which it is running,
unless it is permitted in an unexpired license for transport;
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4. A fine ranging from VND 5,000,000 to
VND 7,000,000 shall be imposed for:
a) Operating a vehicle whose GVW or gross axle
weight (including cargo and passengers thereof) exceeds the capacity of the
bridge or road by exceeding 50% to 100%, unless it is permitted in an unexpired
license for transport.
c) Operating vehicles with valid license for
transport without sticking to routes designated in the license for transport.
5. A fine ranging from VND 7,000,000 to VND
8,000,000 shall be imposed for operating a vehicle whose GVW or gross axle
weight (including cargo and passengers thereof) exceeds the capacity of the
bridge or road by exceeding 100% to 150%, unless it is permitted in an
unexpired license for transport.
6. A fine ranging from VND 14,000,000 to
VND 16,000,000 shall be imposed for:
a) Operating a vehicle whose GVW or gross axle
weight (including cargo and passengers thereof) exceeds the capacity of the
bridge or road by exceeding 150% unless it is permitted in an unexpired license
for transport;
b) Disobeying the order for weight or size
inspection; transferring load or using other tricks to pass the inspection.
7. Apart from incurring fines, the vehicle operator
that commits the violations shall also incur the following additional
penalties:
a) The violation(s) specified in Clause 1, Clause
3, Point a Clause 4 of this Article shall lead to suspension of driving license
(for cars, tractors, and car-like vehicles) or the certificate of training in
traffic rules (for heavy-duty vehicles) for 1 month to 3 months;
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c) The violation(s) specified in Clause 6 of this
Article shall lead to suspension of driving license (for cars, tractors, and
car-like vehicles) or the certificate of training in traffic rules (for
heavy-duty vehicles) from 3 months to 5 months.
8. If the road infrastructure is damaged by the
violations specified in Clauses 1, 2, 3, 4, 5 and 6 of this Article, the
vehicle operator committing such violations shall be compelled to repair the
damage apart from incurring the penalties.
Article 34. Penalties imposed
upon street racers and street racing watchers
1. A fine ranging from VND 1,000,000 to
VND 2,000,000 shall be imposed for:
a) Gathering to cheer, incite speeding, weaving,
chasing, or street racing;
b) Illegally racing bicycles, motored bicycles,
tricycles, animal-powered vehicles, or animals on public roads.
2. A fine ranging from VND 7,000,000 to
VND 8,000,000 shall be imposed for illegally racing motorcycles, mopeds,
and electric motorcycles.
3. A fine ranging from VND 8,000,000 to
VND 10,000,000 shall be imposed for illegally racing cars.
4. Apart from incurring fines, the vehicle operator
that commits the violations shall also incur the following additional
penalties:
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b) The violation(s) specified in Clauses 2 and 3 of
this Article shall lead to confiscation of vehicle and revocation suspension of
driving license from 03 months to 05 months.
Article 35. Penalties imposed
upon operators of motor vehicles bearing foreign license plates
1. A fine ranging from VND 500,000 to
VND 1,000,000 shall be imposed upon the operator of a motor vehicle
bearing a foreign license plate who commits any of the following violations:
a) Operating a vehicle without a symbol for
nationality recognition;
b) The vehicle documents are not translated into
English or Vietnamese;
c) Operating a passenger vehicle without a list of
passengers.
2. A fine ranging from VND 3,000,000 to
VND 5,000,000 shall be imposed for:
a) Operating the vehicle within Vietnam’s territory
beyond the deadline;
b) Operating the vehicle beyond permissible areas;
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d) Operating a vehicle without a temporary license
plate (if required) or one issued by a competent authority;
dd) Transporting passengers or cargo against
concluded Agreements or Protocols on road transport;
e) Operating a right-hand drive vehicle or a
foreigner’s vehicle in Vietnam on public roads for tourism purposes without a
guiding vehicle as prescribed;
g) The nationality of the operator of the
right-hand drive vehicle or a vehicle bearing a foreign license plate is not
correct.
3. Apart from incurring penalties, the vehicle
operator that commits any of the violations in Point a, Point c, Point d, Point
dd Clause 2 of this Article shall be compelled to re-export the vehicle from
Vietnam.
Article 36. Penalties imposed
upon operators of vehicles registered to be operated within in free trade zones
and border checkpoint economic zones
1. A fine ranging from VND 500,000 to
VND 1,000,000 shall be imposed upon the operator of a motorcycle or moped
who commits any of the following violations:
a) Failure to present the declaration of
temporarily imported road vehicles;
b) Operating the vehicle without a badge or an
unexpired one or one issued by a competent authority.
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a) Failure to present the declaration of
temporarily imported road vehicles;
b) Operating the vehicle without a badge or an
unexpired one or one issued by a competent authority.
3. Apart from incurring fines, the vehicle operator
that commits the violations shall also incur the following additional
penalties:
a) The violation(s) specified in Point b Clause 1,
Point b Clause 2 of this Article in case of expired badges or badges issued by
other than competent authorities shall lead to confiscation of badges;
b) The vehicle shall be confiscated in case of
recommitment of any of the violations specified in Clause 1, Clause 2 of this
Article.
4. Apart from incurring penalties, the vehicle
operator that commits any of the violations specified in Clause 1 and Clause 2
of this Article shall be compelled to return the vehicle to the free trade zone
or border checkpoint economic zone.
Article 37. Penalties for
violations against regulations on driver training and driving test
1. A fine ranging from VND 600,000 to
VND 800,000 shall be imposed upon the driving instructor who commits any
of the following violations:
a) Allowing the learner who is not wearing the
learner’s badge to drive the instructional vehicle;
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c) Failure to adhere to the route in the license
for instructional vehicle; failure to sit next to the learner to assist in
steering (even in the practice yard and on public roads);
d) Failure to wear the instructor’s badge while
teaching;
dd) Failure to have a lesson plan or a suitable
one;
e) Driving instructors' failure to carry valid
license for instructional vehicle.
2. A fine ranging from VND 1,000,000 to
VND 2,000,000 shall be imposed upon a driver training institution that
commits any of the following violations:
a) Using a vehicle without a roof or solid seat for
learners as an instructional vehicle as per the law;
b) Failure to sign and finalize training contracts
with learners; signing or finalizing a training contract not bearing the
learner’s signature;
c) Failure to publicize enrolment and training
regulations and tuition rate as per the law.
3. A fine ranging from VND 3,000,000 to
VND 5,000,000 shall be imposed for:
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b) The driver training institution that uses an
instructional vehicle without the license for instructional vehicle or the “Tập
lái” (Driving instruction) sign, fails to write the name of the training
institution on the doors or both sides of the vehicle;
c) The driver training institution that uses an
instructional vehicle without a twin brake system or a working one;
d) The driver training institution that recruits
learners whose age, health, education, seniority, or length of safe driving
does not match the class of vehicle they learn;
dd) The driver training institution that does not
have adequate driving instructors to serve the training capacity from time to
time;
e) The driver training institutions’ failure to
fully store documents of a training course as per the law;
g) The individual that provides false information
or fraudulent documents to be allowed to learn, take the test and to be granted
the driving license or certificate of training in traffic rules;
h) Driver training institutions' failure to
maintain conditions specified in “National technical regulations on road driver
training institutions”, except for violation(s) specified in Clauses 4, 5 and 7
of this Article;
i) The driver training institutions' failure to
fully store documents of a training period;
k) Persons attending driving test carrying cell
phones or devices allowing telecommunication via images and sound to rooms for
written test, on testing vehicles or conducting other violations thus
falsifying the test results.
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a) The driver training institution that provides
driver training beyond the capacity written in the license for driver training;
b) The driver training institution that provides
driver training at a location other than that written in the license for driver
training;
c) The driver training institutions’ failure to
fully store documents of 2 or more training courses as per the law;
d) The driver training institution that allows more
learners on an instructional vehicle than the legal limit;
dd) The driver training institution that fails to
have adequate classrooms or classrooms having adequate teaching materials;
e) The driver training institution that fails to a
decent practice yard or without one that satisfies all requirements;
g) The driver training institution that does not
have adequate instructional vehicles of all levels to serve the training
capacity from time to time or using instructional vehicles for training of
inadequate level;
h) The driving test center that fails to publicly
post the testing charges and other service charges as prescribed;
i) The driver training institution’s failure to
obtain properly functional devices to monitor attendance during theory classes,
period and route of practice driving classes of learners;
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l) The driving training institution’s failure to
equip adequate properly functional screens to publicize recorded images of
rooms for theory tests and driving test results as per the law.
5. A fine ranging from VND 10,000,000 to
VND 15,000,000 shall be imposed upon:
a) The driver training institution that provides
driver training in vehicle classes other than those permitted;
b) The driver training institution that fails to
adhere to the prescribed training program;
c) The driver training institution that issues
Certificates of course completion or certificates of basic training to learners
against the rules;
d) The driver training institution that uses
technical measures, peripheral equipment and other measures to interfere in
operation and falsify data of devices monitoring attendance in theory classes,
period and route of practice classes;
dd) The driver training institution that fails to
install adequate and properly functional surveillance camera recording images
of theory tests and circuit tests as per the law;
e) The driver training institution whose more than
50% of vehicles for circuit testing are ineligible for testing as per the law;
g) The driver training institution whose more than
50% of vehicles for road testing are ineligible for testing as per the law;
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i) The driver training institution that
deliberately repositions function rooms or changes the tests without acceptance
of competent regulatory agencies;
k) The driver training institutions' failure to
fully store documents of 2 or more training periods as per the law.
6. A fine ranging from VND 6,000,000 to VND
8,000,000 shall be imposed on an individual and from VND 12,000,000 to VND
16,000,000 on an organization which organizes admission and training for driver
without having license for driver training.
7. A fine ranging from VND 16,000,000 to
VND 20,000,000 shall be imposed upon the driving test center that:
a) Changing or using the testing software, grading
devices, and classes of testing vehicles without approval by a competent
authority;
b) Using a computer having answers to the questions
or connected to a network outside the examination room during the driver
knowledge test;
c) Using inaccurate grading devices during the
test; using improper markings or symbols on the testing yard or testing vehicle
during the test.
8. The driving instructor that allows the learner
to commit any of the violations specified in Article 5 of this Decree shall
incur a corresponding penalty for such violation.
9. Apart from incurring fines, the violator shall
also incur the following additional penalties:
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b) The driver training institutions committing
violation(s) specified in Point c Clause 4; Points a, b, c Clause 5 of this
Article shall be suspended from admission from 2 months to 4 months;
c) The driver training institutions committing
violation(s) specified in Point i Clause 3; Points k and l Clause 4; Points dd,
e, g, h and i Clause 5 of this Article shall have the “Certificate of qualified
driving test center” suspended from 1 month to 3 months;
d) The driving test center that commits any of the
violations specified in Point k Clause 5; Clause 7 of this Article shall have
the certificate of qualified driving test center suspended from 2 months to 5
months;
dd) The violation(s) specified in Point g Clause 3
of this Article shall lead to confiscation of fraudulent documents.
Article 38. Penalties for
violations against regulations on inspection of technical and environmental
safety of motor vehicles
1. A fine ranging from VND 1,000,000 to
VND 2,000,000 shall be imposed upon the inspector of the Registry who
commits any of the following violations:
a) Falsifying inspection results;
b) Failure to follow relevant procedures and
regulations during the inspection.
2. A fine ranging from VND 5,000,000 to VND 7.000.000
shall be imposed upon the Registry that commits any of the following
violations:
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b) Failure to carry out inspections as assigned;
c) Employing unqualified people as inspectors;
d) Carrying out inspections without adequate
devices and personal protective equipment;
dd) Failure to assign adequate number of inspector
per inspection line;
e) Number of vehicles inspected and issued with
certificates per inspection line exceeding that prescribed by regulations and
law.
3. A fine ranging from VND 8,000,000 to
VND 12,000,000 shall be imposed upon the Registry that commits any of the
following violations:
a) Using a testing device without a certification
or an unexpired one;
b) Using a testing device that is broken and thus
inaccurate;
c) Failure to supervise the inspection processes
and verify inspection results;
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4. Apart from incurring fines, the violator shall
also incur the following additional penalties:
a) The violation(s) specified in Clause 1 of this
Article shall lead to suspension of inspector certificate shall be suspended
from 1 month to 3 months;
b) The violation(s) specified in Points c, d ,dd
and e Clause 2; Points a and b Clause 3 of this Article shall lead to
suspension of certificates of satisfaction of conditions for motor vehicle
inspection from 1 month to 3 months.
Chapter III
VIOLATIONS, PENALTIES,
FINES, AND REMEDIAL MEASURES FOR RAIL TRANSPORT OFFENCES
Section 1. VIOLATIONS AGAINST
REGULATIONS ON RAILWAY SIGNALS, RAILWAY RULES, AND RAILWAY SAFETY
Article 39. Penalties for
violations regarding installation of signaling systems and devices at railroad
crossings and road-rail bridges; connection between traffic lights and lights
installed at railroad crossings and road-rail bridges; provision of safety
information at junction between railways and roads
1. A fine ranging from VND 3,000,000 to
VND 5,000,000 shall be imposed upon the organization responsible for
railway infrastructure management, operation, and maintenance that commits any
of the following violations:
a) Failure to provide adequate safety information
to execute tasks at safety signaling positions;
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2. A fine ranging from VND 6,000,000 to VND
8,000,000 shall be imposed on a national railway infrastructure company, an
organization assigned to manage and maintain national railway infrastructure or
an owner of specialized railway with road-rail bridges that commits any of
following violations:
a) Failure to establish means of communication
between stations at 2 ends of bridges to ensure coherent and safe traffic as
per the law;
b) Failure to establish road and rail connection at
road-rail bridges under management of the company as per the law.
3. A fine ranging from VND 8,000,000 to VND
10,000,000 shall be imposed on an organization assigned to manage, utilize and
maintain road infrastructure, a railway infrastructure company, an organization
assigned to manage and maintain national railway infrastructure or an owner of
specialized railway that commits any of following violations:
a) Failure to adequately install and maintain
normal operation of signaling systems, signals and equipment at level-crossings
and road-rail bridges, failure to organize safety measures as per the law;
b) Failure to report promptly, failure to cooperate
with competent agencies regulating traffic to ensure safe traffic at level
crossings when traffic lights situated on road section of the level crossings
under management are damaged;
c) Failure to issue policies on reporting and
maintaining signal connection systems under management as per the law;
d) Failure to prepare plans for construction and
maintenance of structures and equipment of signal connection systems under
management as per the law.
4. Apart from the penalties, the organization
assigned to manage, utilize and maintain road infrastructure that commits the
violation specified in Point a Clause 3 of this Article shall be compelled to
adequately install and maintain signaling systems and devices and implementing
safety measures at railroad crossings as prescribed.
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1. A fine ranging from VND 300,000 to
VND 500,000 shall be imposed upon the inspector that:
a) Fails to inspect and repair inbound and outbound
trains or inadequately inspects and repairs inbound and outbound trains;
b) Repairs coaches on the rail in a station without
implementing safety measures as per the law;
c) Allows a car unsatisfactory to national
technical regulations on technical and environmental safety connects with the
train;
d) Fails to detect or repair damage to the coaches
and thus causes train delay.
2. A fine ranging from VND 500,000 to
VND 1,000,000 shall be imposed upon a train dispatcher or traffic
controller who assembles a train against national technical regulations on rail
operation.
3. A fine ranging from VND 1,000,000 to
VND 2,000,000 shall be imposed upon a train dispatcher or traffic
controller that:
a) Assembles a train that includes a car
unsatisfactory to national technical regulations on technical and environment
safety, unless the vehicle is put to test or damaged vehicle is brought back to
facility for repair;
b) Assembles cargo coaches that contain animals,
stinky goods, flammable/explosive substances, hazardous substances, or other
dangerous goods into a passenger train.
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a) Allows a train without sufficient brake pressure
to run from the assembly station to another station that requires brake
testing;
b) Allows a train to run without brake testing.
5. A fine of VND 3,000,000 to
VND 4,000,000 shall be imposed upon a rail transport enterprise, railway
infrastructure enterprise or owner of specialized railway that commits any of
the following violations:
a) The rail transport enterprises failing to
regulate contents and titles in charge of technical inspection as per the law;
b) Railway infrastructure enterprises and owners of
specialized railway failing to regulate location for technical inspection of
the train and failing to supervise the technical inspection as per the law.
6. A fine ranging from VND 4,000,000 to VND
5,000,000 shall be imposed on an organization assigned to repair, manage and
utilize railway vehicles which lacks adequate and necessary technical
equipment, components and materials to prepare, examine and maintain railway
vehicles at locomotive station and rail car repair stations as per the law.
7. Apart from incurring penalties, the person that
commits any of the violations specified in Clause 4 of this Article shall be
compelled to carry out brake testing as prescribed.
Article 41. Penalties for
violations against regulations on shunting
1. A fine ranging from VND 500,000 to
VND 1,000,000 shall be imposed upon the driver of the shunter, shunting
commander or worker that:
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b) Exceeds the permissible shunting limit;
c) Kicks or drops a coach marked “No kicking”, or
in a station where kicking is prohibited;
d) Kicks a coach to a track where another coach is
under repair or loading; kicks a coach to a track in the rail section or a
track where lighting is insufficient, or in a foggy or storming whether;
dd) Lets the coach pass the safety mark after
shunting, except for prescribed special cases;
e) Leaves a locomotive or coach on a safety track
without order from a competent person;
g) Place chokes on the rail where prohibited;
h) Carries out shunting before the coaches are
connected as prescribed;
i) Leaves unclassified and coaches on the station
rail in the rail section or separate track without connecting them or applying
the brakes at the ends of the consists or choking properly.
2. A fine ranging from VND 1,000,000 to
VND 1,500,000 shall be imposed upon the train driver or shunting commander
who shunts the train beyond the station perimeter.
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a) Leaves cars carrying dangerous commodities
(flammable and explosive substances) disconnected from the train and separated
from one another, choked improperly, situated on other than a separate track or
indicated with mobile “stop” signals after shunting;
b) Fails to switch rails that are leading to cars
containing dangerous commodities (explosives and flammable substances) to other
routes.
4. Apart from incurring penalties, following
remedial measures shall also be adopted:
a) The violation(s) specified in Point a Clause 3
of this Article shall lead to repositioning of cars containing dangerous
commodities (explosives and flammable substances in accordance with regulations
and law on shunting;
b) The violation(s) specified in Point b Clause 3
of this Article shall lead to repositioning of rails to lead to other routes in
accordance with regulations and law on shunting.
Article 42. Penalties for
violations against regulations on train operation
1. A fine ranging from VND 200,000 to
VND 400,000 shall be imposed upon the operators, captains and vices in
charge of passenger safety of passenger trains, or traffic controllers who fail
to sign the warning.
2. A fine ranging from VND 400,000 to
VND 500,000 shall be imposed upon the train drivers, train captains,
vices, traffic controllers, train inspectors or accompanying technicians who
fail to perform brake test, fully specify details or sign the certification of
brake functionality as prescribed.
3. A fine ranging from VND 1,000,000 to
VND 3,000,000 shall be imposed upon the train driver that:
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b) Reverses the train while the signal transmission
is interrupted while another train in the same direction is running behind;
c) Reverses the train in the rail section without
orders;
d) Runs or reverses the train without permission
after a distress signal has been sent;
dd) Reverses the train when is pushed by a
locomotive to the rail section.
4. A fine ranging from VND 3,000,000 to
VND 5,000,000 shall be imposed upon a traffic controller, train captain,
train driver, or switchman that:
a) Traffic controller, driver and captain allowing
the trains to enter rails connecting 2 stations without obtaining permission to
do so;
b) Traffic controller and switchman allowing
unauthorized persons to perform their tasks without permission.
5. Apart from incurring fines, a vehicle operator
that commits any of the violations specified in Clause 3 and Point a Clause 4
of this Article shall also have his/her driving license suspended from 1 month
to 3 months.
Article 43. Penalties for
violations against regulations on receiving and sending trains
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a) Failure to receive or send inbound and outbound
trains while on watch at the station, switch, crossing, road-rail bridge, or
while patrolling a bridge or road, or failure to do so properly, except for
violations specified in Clauses 2, 3 and 4 of this Article;
b) Failure to record every telegram while on watch
at the station;
c) Failure to record sufficient information about
the times when trains pass by while on watch at the station, crossing, or
road-rail bridge.
2. A fine ranging from VND 500,000 to
VND 1,000,000 shall be imposed upon the traffic controller allows the
train to park before the entrance signal post without acceptable explanation.
3. A fine ranging from VND 1,000,000 to
VND 2,000,000 shall be imposed upon the flagman at the crossing or
road-rail bridge that fails to erect the barrier on time.
4. A fine ranging from VND 2,000,000 to
VND 4,000,000 shall be imposed upon the traffic controller that commits
any of the following violations:
a) Failure to take safety measures when a train is
approaching;
b) Mistaking the trains;
c) Receiving or sending a train without taking the
switch key or lock the switch;
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dd) Allowing other railway vehicles to take over
main rail in the stations, unless in case of force majeure (dodging,
overtaking, shunting, coupling, evacuation and rescue);
e) Failure to inform traffic controllers about
stations of arrival and stations of departure, train dispatchers about train
number, actual time of arrival and departure and crossing when the trains
arrive, depart and cross the stations as per the law;
g) Failure to examine and confirm whether shunting
or coupling may have influenced and obstructed tracks for receiving and sending
trains as per the law.
Article 44. Penalties for
violations against regulations on observance of railway signals
1. A fine ranging VND 300,000 to
VND 500,000 shall be imposed upon the train driver, shunting commander or
worker that commits any of the following violations:
a) Failure to respond to shunting signals by
blowing the train whistle;
b) Failure to send appropriate signals while
shunting.
2. A fine ranging from VND 500,000 to VND 1,000,000
shall be imposed on flagman and persons watching road-rail bridges for failing
to regulate traffic when barriers are down, lighting signals are not
functioning or improperly functioning.
3. A fine to VND 2,000,000 to
VND 3,000,000 shall be imposed upon the train driver or train captain
that:
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b) The train driver who drives the train pass the
signals to enter or leave a closed station without permission from the chief
traffic controller;
c) The train driver who fails to stop the train
when it reaches the protective flare and the flare sets off ;
d) The train driver who keeps the train running
after receiving the stop signal.
4. Apart from incurring fines, a vehicle operator
that commits any of the violations specified in Points b, c and d Clause 3 of
this Article shall also have his/her driving license suspended from 1 month to
3 months.
Article 45. Penalties for
violations against regulations on development and publication of maximum load
order, maximum speed order and timetable
1. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed on a rail transport enterprise who fails to
publicize or inadequately publicize timetable as per the law.
2. A fine ranging from VND 10,000,000 to
VND 15,000,000 shall be imposed upon a national rail infrastructure
enterprise that commits any of the following violations:
a) Failure to adequately publicize timetable on
mass media and website of the enterprise as per the law;
b) Failure to publicize maximum load order and
maximum speed order on website of the enterprise as per the law.
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Article 46. Penalties for
violations against regulations on train dispatching
1. A fine ranging from VND 200,000 to
VND 400,000 shall be imposed upon the train dispatcher that fails to check
the adherence to the timetable and train assembly plan.
2. A fine of VND 2,000,000 to
VND 3,000,000 shall be imposed upon the train dispatcher that commits any
of the following violations:
a) Sending train orders ultra vires;
b) Failure to order the traffic controller to send
warnings to the train driver in time;
c) Failure to order the blockade of a rail section
to execute construction or repair railway infrastructure; sending a rescue
train or building train to the section that need blocking;
d) Causing train delay or traffic congestion due to
late transmission of orders.
3. A fine ranging from VND 3,000,000 to
VND 4,000,000 shall be imposed upon the train dispatcher who fails to warn
train driver, train captain, or traffic controller as per the law.
Article 47. Penalties for
violations against regulations traffic at railroad crossings, road-rail
bridges, and tunnels
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2. A fine ranging from VND 80,000 to VND 100,000
shall be imposed on any bicycle, motored bicycle, or non-motorized vehicle
operator that disobeys the signals, signs, or road markings when going through
the crossing or road-rail bridge.
3. A fine ranging from VND 100,000 to
VND 200,000 shall be imposed upon any bicycle, motored bicycle,
non-motorized vehicle operator that stops or parks within crossing length;
trespasses the barrier of the crossing or road-rail bridge while the barrier is
moving or when the light has turned red; disobeys the signals or instructions
of the flagman when going through the crossing or road-rail bridge.
4. A fine ranging from VND 200,000 to
VND 300,000 shall be imposed upon any motorcycle and moped operator
(including electric motorcycles) who stops or parks within the length of the
crossing or road-rail bridge, or disobeys the signals, signs, or road markings
when going through the crossing or road-rail bridge.
5. A fine ranging from VND 600,000 to
VND 1,000,000 shall be imposed upon any motorcycle and moped operator
(including electric motorcycles) that trespasses the barrier of the crossing or
road-rail bridge while the barrier is moving or when the light has turned red;
disobeys the signals or instructions of the flagman when going through the
crossing or road-rail bridge.
6. A fine ranging from VND 800,000 to
VND 1,000,000 shall be imposed upon any operator of a car, tractor or
heavy-duty vehicle who stops parks or makes an u-turn within the length of the
crossing or road-rail bridge; disobeys the signals, signs, or road markings
when going through the crossing or road-rail bridge.
7. A fine ranging from VND 1,000,000 to
VND 2,000,000 shall be imposed upon any operator of a tractor or
heavy-duty vehicle who trespasses the barrier of the crossing or road-rail
bridge while the barrier is moving or when the light has turned red; disobeys
the signals or instructions of the flagman when going through the crossing or
road-rail bridge.
8. A fine ranging from VND 3,000,000 to
VND 5,000,000 shall be imposed upon any operator of a car or car-like
vehicle who trespasses the barrier of the crossing or road-rail bridge while
the barrier is moving or when the light has turned red; disobeys the signals or
instructions of the flagman when going through the crossing or road-rail
bridge.
9. A fine ranging from VND 5,000,000 to
VND 7,000,000 shall be imposed upon any operator of a road vehicle who:
a) Damages the barrier or other equipment at the
crossing or road-rail bridge while operating the motor vehicle;
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10. Apart from incurring fines, persons committing
violations specified in Clauses 5, 7, 8 and 9 of this Article shall also have
their driving license (in case of motor vehicles) or certificates of training
in traffic rules (in case of heavy-duty vehicle) from 1 month to 3 months.
11. Apart from incurring the penalties, the vehicle
operator who commits any of the violations specified in Clause 9 of this
Article shall be compelled to repair the damage caused by the violation.
Article 48. Penalties for
violations against regulations on prevention and settlement of railway
accidents
1. A warning or a fine ranging from
VND 100,000 to VND 200,000 shall be imposed upon the individual that
fails to report railway accident, behavior or incident potentially obstructing
or rendering rail transport unsafe to the nearest train station, railway
authority, local authority, or police station.
2. A fine ranging from VND 1,000,000 to
VND 2,000,000 shall be imposed upon the responsible individual who fails
to discover incidents or obstacles on the railway that threaten the rail
transport safety, or fails to report them or take protective measures properly.
3. A fine ranging from VND 2,000,000 to
VND 3,000,000 shall be imposed upon the responsible individual who fails
compile initial documents about the accident; fails to report the railway
accident relevant entities as prescribed.
4. A fine ranging from VND 3,000,000 to
VND 4,000,000 shall be imposed upon an individual, from VND 6,000,000
to VND 8,000,000 upon an organization that commits any of the following
violations:
a) Failure to provide adequate documents and
evidence relating to railway accidents; failure to transfer initial documents
on the accidents as per the law;
b) Failure to perform rescue duty while capable;
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d) Failure to take measures for preventing railway
accidents when discovering or informed of damage to a railway work;
dd) Failure to resolve the issues affecting the
train operation;
e) Obstructing the restoration of the railway when
an accident happens.
5. A fine ranging from VND 6,000,000 to
VND 8,000,000 shall be imposed upon any person:
a) Changing the crash scene;
b) Taking advantage of the railway accident to
appropriate property or vehicle involved in the accident; disturbing, obstructing
the handling of the railway accident;
c) Failure to report to a competent authority after
causing a railway accident;
d) Failure to cooperate or disobeying orders of
competent persons or authorities for repair of damage and restoration of rail
transport.
6. A fine ranging from VND 8,000,000 to
VND 12,000,000 shall be imposed upon a rail infrastructure enterprise,
urban railway enterprise or specialized railway enterprise that commits any of
the following violations:
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b) Failure to store documents on railway accidents,
failure to regularly update figures of railway accidents as per the law;
c) Failure to specify responsibilities of units
participating in national railway in dealing with railway accidents, failure to
publicize address and phone number of relevant organizations and individuals to
enable handling railway accidents as per the law.
7. A fine ranging from VND 15,000,000 to
VND 20,000,000 shall be imposed upon the rail transport enterprise that
commits any of the following violations:
a) Failure to develop and implement measures to
prevent and remediate railway accidents to ensure safe and continuous rail
transport;
b) Failure to obey direction of the organization in
charge of preventing and handling railway accidents;
c) Failure to report threats to train operation and
suspension of train operation to the traffic controllers at two ends of the
rail section where the threat is found, or to the rail transport operators;
d) Failure to suspend train operation when the rail
infrastructure is found threatening train operation safety;
dd) Failure to establish response and rescue teams
to deal with railway accidents.
Article 49. Penalties for
violations against regulations on railway safety assurance
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a) Walking, standing, lying, sitting or conducting
other activities on railways, on bridges and tunnels solely for rail transport,
other than railway personnel and competent agencies on duty;
b) Trespassing the fences or walls that separate
the railway from the surrounding;
c) Taking animals across the railway at
inappropriate positions, or leaving animals to pull a vehicle across the
railway without a rider;
d) Walking, standing, lying, sitting or conducting
other activities on the roof of the coach, locomotive, steps; hanging,
standing, sitting on the sides of the coach, locomotive, or connector; opening
the train doors; poking the head, arm, leg, or other stuff out the coach when
the train is running, except for railway personnel and competent agencies on
duty;
dd) Placing farm produce and other objects on the
railway line or other railway works;
e) Spilling debris or other materials on the
railway line.
2. A fine ranging from VND 2,000,000 to
VND 3,000,000 shall be imposed upon any person:
a) Anchoring a ship, boat, other watercraft or
object within the safety perimeter of the railway bridge;
b) Placing a road vehicle, equipment, materials, or
cargo in the railway clearance, except for the violations specified in Point b
Clause 3 of this Article.
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a) Obstructing the train operation; arbitrarily
using signals or equipment to stop the train, unless a threat to railway safety
is found;
b) Placing obstacles on the railway line;
c) Opening closed barriers on purpose.
4. A fine ranging from VND 5,000,000 to
VND 8,000,000 shall be imposed upon an individual, from
VND 10,000,000 to VND 16,000,000 upon an organization which owns
electricity or telecommunication structure that commits any of the following
violations:
a) Failure to adopt measures to ensure railway
structure safety and rail transport safety in case the electricity or
telecommunication structure is situated within safety perimeter of the railway
work and railway safety corridor;
b) Failure to adopt safety measures thus causing
the electricity structure or power lines to disturb railway information and
signaling systems;
c) Failure to adopt measures to ensure safety of
railway equipment, structure and rail transport in case the power lines are met
with accidents or downed within safety perimeter of the railway work and
railway safety corridor;
5. A fine ranging from 5,000,000 to
VND 10,000,000 shall be imposed upon any individual who drops wood,
stones, or other objects causing a railway accident.
6. A fine ranging from VND 10,000,000 to VND
15,000,000 shall be imposed on a national railway infrastructure company, an
organization assigned to manage and maintain national railway infrastructure or
an entity managing and utilizing specialized crossing that fails to assign
personnel to guard the crossings under management as per the law.
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a) Failure to adopt technical solutions to ensure
rail transport safety during utilization and trade of railway infrastructure
with respect to routes permitted to use slopes steeper than limited gradient;
b) Failure to develop safety measures to enable
passengers to get on and get off trains in stations with platforms that have
not been upgraded or renovated.
8. Apart from the fines, the violator shall also be
compelled to:
a) The violation(s) specified in Point a Clause 1
of this Article shall lead to removal from the railway, bridges and tunnels
used solely for rail transport;
b) The violation(s) specified in Point dd Clause 1
of this Article shall lead to removal of farm produce and other objects from
the railway line or other railway works;
c) The violation(s) specified in Point e Clause 1,
Point b Clause 3 of this Article shall lead to removal of debris, obstacles,
and other materials from the railway lines;
d) The violation(s) specified in Point a Clause 2
of this Article shall lead to removal of ships, boats, other watercrafts or
objects from the safety perimeter of the railway bridges;
dd) The violation(s) specified in Point b Clause 2
of this Article shall lead to removal of road vehicles, equipment, materials
and cargoes from the railway clearance;
e) The violation(s) specified in Clause 4 of this
Article shall lead to adoption of measures to ensure railway safety;
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1. A fine ranging from VND 20,000,000 to
VND 30,000,000 shall be imposed upon an urban rail enterprise that commits
any of the following violations:
a) Bringing urban railway into operation without
certificates of verification of safety dossier of urban railway system as per
the law;
b) Bringing urban railway into operation without
periodic certificates of operation safety management system for urban railway
that are valid or issued by competent agencies.
2. Apart from incurring penalties, urban railway
enterprises committing violation(s) specified in Clause1 of this Article shall
also be suspended from railway operation from 1 month to 3 months.
Section 2. VIOLATIONS AGAINST
REGULATIONS ON RAILWAY INFRASTRUCTURE
Article 51. Penalties for
violations against regulations on protection of railway works
1. A fine ranging from VND 300,000 to
VND 500,000 shall be imposed upon any individual who dumps garbage on the
railway or dropping domestic waste from the train to the railway.
2. A fine ranging from VND 3,000,000 to
VND 5,000,000 shall be imposed upon an individual, from VND 6,000,000
to VND 10,000,000 upon an organization that commits any of the following
violations:
a) Dumping or allowing toxic substances and wastes
on railway or releasing wastes that have not been certified in terms of
environmental hygiene on railway;
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c) Leaving flammable substances or explosives in
safety perimeter of the railway work and railway safety corridor;
d) Obstructing rail transport signals;
dd) Damaging the railway drainage system;
e) Illegally placing concrete, wood, steel, or
other materials within the railway or within safety perimeter of the railway
work;
g) Pumping or releasing water or other liquid thus
flooding the track ballast, impacting drainage capacity of railway drainage
system or affecting railway structure quality and safety.
3. A fine ranging from VND 5,000,000 to
VND 10,000,000 shall be imposed upon an individual, from
VND 10,000,000 to VND 20,000,000 upon an organization that commits
any of the following violations:
a) Digging, extracting, piling earth, stone or
other materials within the perimeter of the railway work or the railway safety
corridor;
b) Illegally damaging or dismantling walls and
barriers separating railway from the surrounding areas; illegally displacing,
destroying or removing railway station markers, markers of land areas for rail
transport, fences which are used for concealing improvised pathways and pillars
for restricting improvised pathways;
c) Damaging, changing, moving the signs, landmarks,
or signals of railway works.
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a) Creating improvised pathways across railway;
b) Illegally drilling, digging or cutting the
railway;
c) Illegally dismantling or displacing the rails,
sleepers, parts, components, supplies, and equipment of the railway signaling
system;
d) Illegally extending telecommunication or power
lines, constructing bridges, overpasses, tunnels, underpasses, sewers, electric
poles, utility poles, water transmission and distribution system, pipes for
water supply and drainage, telecommunication works (including structures serving
national defense and security) across the railway or within land area for rail
transport.
5. A fine ranging from VND 20,000,000 to VND
25,000,000 shall be imposed on an individual and from VND 40,000,000 to VND
50,000,000 on an organization that uses explosive or extracts stones, sand, or
gravel causing the railway work to subside, crack, or blocking rail transport;
6. Apart from incurring penalties, following
remedial measures shall also be adopted:
a) The violation(s) specified in Clause 1; Point a,
Point b Clause 2 of this Article shall lead to removal of debris, hazardous
substances, waste, and other materials from the railway;
b) The violation(s) specified in Point c Clause 2
of this Article shall lead to removal of flammable or explosive substances from
the land area for rail transport;
c) The violation(s) specified in Point d Clause 2
shall lead to removal of objects that block the signs, landmarks, or signals of
the railway work;
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dd) The violation(s) specified in Point e Clause 2
of this Article shall lead to removal of concrete, wood, steel, or other
materials from the safety perimeter of the railway work;
e) The violation(s) specified in Point g Clause 2;
Clause 3; Points a, b and c Clause 4; Clause 5 of this Article shall lead to
restoration to original conditions prior to the administrative violations;
g) The violation(s) specified in Point d Clause 4
of this Article shall lead to deconstruction of constructions illegally built
(without permit or different from permits) and restoration to original
conditions prior to the administrative violations.
Article 52. Penalties for
violations against regulations on construction, resource attraction, and other
activities in the vicinity of railway works
1. A fine ranging from VND 1,000,000 to
VND 3,000,000 shall be imposed upon an individual, VND 2,000,000 to
VND 6,000,000 upon an organization that carries out construction or
resource attraction or other activities in the vicinity of a railway work
without taking measures for assurance of railway work safety and rail transport
safety.
2. A fine ranging from VND 3,000,000 to
VND 6,000,000 shall be imposed upon an individual, from VND 6,000,000
to VND 12,000,000 upon an organization that commits any of the following
violations:
a) Building a lime kiln, pottery kiln, brick kiln,
cast iron, steel, or glass melting furnace at a distance of less than 10 m from
the boundary of the railway safety corridor;
b) Building a house from flammable materials at a
distance of less than 05 m from the boundary of the railway safety corridor;
c) Constructing telecommunication antennas,
communication lines and power lines in a manner that distance from the bottom
of said poles to the shoulders of roadbeds that are not cut or filled, bottom
of the slopes of filled roads, top of the slops of cut roads, outer edges of
structures of railway bridges, communication and signaling lines are less than
1.3 times the height of said poles or less than 5 meters without acceptance of
Minister of Transport;
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dd) Erecting constructing within traffic safety
corridor in crossing areas without assigning watchmen.
3. A fine ranging from VND 10,000,000 to
VND 20,000,000 shall be imposed upon an individual, from
VND 20,000,000 to VND 40,000,000 upon an organization that commits
any of the violations specified in Clause 1 and Clause 2 of this Article
causing a railway accident.
4. Apart from incurring penalties, following
remedial measures shall also be adopted:
a) The violation(s) specified in Clause 1 of this
Article shall lead to immediate adoption of measures to ensure railway safety;
b) The violations specified in Points a, b, c and
dd Clause 2; Clause 3 of this Article shall lead to dismantling of construction
work threatening railway safety;
c) The violation(s) specified in Point d Clause 2
of this Article shall lead to restoration to original condition of railway
structures prior to the administrative violations.
Article 53. Penalties for
violations against regulations on the use of land area for railway transport
1. A fine ranging from VND 300,000 to
VND 500,000 shall be imposed upon an individual, from VND 600,000 to
VND 1,000,000 upon an organization that commits any of the following
violations:
a) Illegally planting trees within urban railway
safety corridor; planting trees taller than 1.5 m or lower than 1.5 m and
affecting structure safety and stability and rail transport safety during
utilization process or planting trees obstructing vision of road users within
national railway and specialized railway safety corridor;
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2. A fine ranging from VND 500,000 to
VND 1,000,000 shall be imposed upon an individual, from VND 1,000,000
to VND 2,000,000 upon an organization that uses land within the perimeter
the railway work or the railway safety corridor for farming purposes damaging
the railway work or causing it to subside or crack, or blocking rail transport.
3. A fine ranging from VND 2,000,000 to
VND 3,000,000 shall be imposed upon an individual, from VND 4,000,000
to VND 6,000,000 upon an organization that commits any of the following
violations:
a) Illegally placing vehicles, equipment, materials,
goods, wastes, or other items within the perimeter of the railway or the
railway safety corridor, or in stations or depots;
b) Illegally erecting booths or tents within the
land area for rail transport;
c) Placing, erecting advertising boards, sign boards
or other obstacles within the land area for rail transport;
d) Delaying removal of the booths or construction,
or obstructing the construction, repair, expansion, or assurance of railway
work safety at the request of a competent authority.
4. A fine ranging from VND 20,000,000 to
VND 25,000,000 shall be imposed upon an individual, from
VND 40,000,000 to VND 50,000,000 upon an organization that commits
any of the following violations:
a) Illegally erecting houses or other constructions
(including constructions serving national defense and security) within land
area for rail transport, except for violations specified in Points b and c
Clause 3 of this Article; Point d Clause 4 Article 51 of this Decree;
b) Illegally erecting advertising boards or sign boards
within the land area for rail transport.
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a) The violation(s) specified in Point a Clause 1
of this Article shall lead to reduction in height of trees exceeding permitted
height, relocation of trees planted against regulations and law or affecting
structure safety and rail transport safety;
b) The violation(s) specified in Clause 2 of this
Article shall lead to restoration to original condition prior to the
administrative violations;
c) The violation(s) specified in Point a Clause 3
of this Article shall lead to removal of vehicles, equipment, materials, goods,
waste, and other objects from the railway work perimeter or railway safety
corridor;
d) The violation(s) specified in Point b Clause 3
of this Article shall lead to dismantling and relocating tents and booths
illegally erected from land area for rail transport;
dd) The violation(s) specified in Point c Clause 3
of this Article shall lead to removal of advertising boards, signboards and
other obstacles illegally erected from the land area for rail transport;
e) The violation(s) specified in Point d Clause 3
of this Article shall lead to deconstruction or relocation of buildings,
houses, tents or booths obstructing construction, renovation, extension and
safety assurance of railway structures;
g) The violation(s) specified in Clause 4 of this
Article shall lead to dismantling or relocation of houses, buildings,
advertising panels or indication signs illegally built (without permit or in a
manner that is inconsistent with the permits) from land area for rail
transport.
Article 54. Penalties for
violations against regulations on construction, management and utilization of
essential works not affiliated with railway infrastructure but situated within
land area for rail transport
1. A fine ranging from VND 2,000,000 to
VND 3,000,000 shall be imposed upon an individual, from VND 4,000,000
to VND 6,000,000 upon an organization that commits any of the following
violations:
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b) Failure to hand over sites and as-built dossiers
to relevant organizations after finishing construction as per the law;
c) Leaving materials, machinery and equipment for
construction breaching the railway clearance when blocks are not cleared or
clearance period of the blocks is expired.
2. A fine ranging from VND 5,000,000 to
VND 10,000,000 shall be imposed upon an individual, from
VND 10,000,000 to VND 20,000,000 upon an organization that commits
any of the following violations:
a) Failure to fully adopt measures to ensure rail
transport safety during construction;
b) Failure to promptly reinforce essential works to
ensure railway structure safety and rail transport safety upon detecting or
receiving reports on damaged essential works;
c) Failure to take charge and relocate or renovate
structures at request of competent agencies as per the law;
d) Failure to deconstruct the constructions upon
expired;
dd) Failure to deconstruct the constructions that
are inconsistent with permits or constructions whose permits are revoked or
cancelled by competent agencies.
3. A fine ranging from VND 7,500,000 to VND
10,000,000 shall be imposed on an individual, from VND 15,000,000 to VND
20,000,000 shall be imposed on an organization for commencing construction
before being transferred with the construction premises as per the law.
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5. Apart from incurring penalties, following
remedial measures shall also be adopted:
a) The violation(s) specified in Point c Clause 1
of this Article shall lead to removal machinery, equipment and materials from
the railway clearance;
b) The violation(s) specified in Points b and c
Clause 2 of this Article shall lead to fortification, relocation or innovation
of construction affecting rail transport safety at request of competent
agencies;
c) The violation(s) specified in Points d and dd
Clause 2 of this Article shall lead to deconstruction of expired constructions,
constructions that are inconsistent with permits or constructions whose permits
are revoked or cancelled.
Article 55. Penalties for
violations against regulations on railway infrastructure administration and
maintenance
1. A fine ranging from VND 5,000,000 to
VND 10,000,000 shall be imposed upon the organization responsible for
railway infrastructure management, operation, and maintenance that commits any
of the following violations:
a) Failure to prepare management list of crossings
unconformable with Law on Railway; failure to prepare or update dossiers on
dangerous locations for rail transport safety and improvised pathways across
railway;
b) Failure to discover or report the discovered
infringements upon the railway perimeter or the railway safety corridor under
their management to competent authorities;
c) Failure to keep or properly keep records on
management of railway works and railway safety corridors;
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dd) Failure to report threats to train operation
and suspension of train operation to the traffic controllers at two ends of the
rail section where the threat is found, to the rail transport operators or to
users of railway infrastructure;
e) Failure to develop routes, adopt measures to
ensure safety at dangerous locations regarding rail transport safety as per the
law;
g) Failure to establish guard posts at crossings
that are dangerous locations regarding rail transport safety on national
railway; failure to provide professional training on guarding and patrolling as
per the law for persons assigned by local governments to guard and patrol at
improvised pathways;
h) Failure to develop quality control system for
railway structure maintenance as per the law;
i) Failure to maintain technical status and quality
of railway infrastructure as publicized or facilitating railway structure
accidents due to failure to maintain railway structures as per the law;
k) Failure to promptly detect or comply with
regulations and law when detecting or receiving reports on damage or
degradation of railway structures, parts of railway structures or equipment
attached to railway structures in terms of quality and thus unsafe for
utilization and use;
l) Failure to follow procedures in case of expired
railway structures need to be used further.
2. A fine ranging from VND 5,000,000 to
VND 10,000,000 shall be imposed upon an individual, from
VND 10,000,000 to VND 20,000,000 upon an organization assigned to
manage and dispose improvised pathways that commits any of the following
violations:
a) Failure to narrow or remove the improvised
pathways in dangerous locations regarding rail transport safety as per the law;
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3. A fine ranging from VND 15,000,000 to
VND 20,000,000 shall be imposed upon the organization responsible for
railway infrastructure management, operation, and maintenance that commits any
of the following violations:
a) Failure to carry out or properly carry out
inspections as per the law;
b) Failure to promptly repair damage to railway
works;
c) Failure to repair, replace or fortify damaged
parts of the railway infrastructure to ensure satisfaction with publicized
maximum speed order and maximum load order;
d) Failure to examine implementation of
construction methods and measures to ensure rail transport safety at
construction sites on railway lines according to publicized maximum load order
and maximum speed order.
4. Apart from incurring penalties, the violator
shall also be compelled to:
a) The violation(s) specified in Clause 2; Points a
and b Clause 3 of this Article shall lead to immediate adoption of measures to
ensure rail transport safety as per the law;
b) The violation(s) specified in Point c Clause 3
of this Article shall lead to repair, replacement or fortification of damaged
parts of the railway infrastructure to ensure its quality according to
publicized maximum speed order and maximum load order.
Article 56. Penalties for
violations against regulations on construction of railway works on railway in
operation
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a) Failure to notify the supervisory agency of the
railway work before commencing the construction;
b) Failure to provide adequate signaling and safety
equipment during the construction;
c) Failure to install or properly install adequate
warning signs and signals; failure to take measures to ensure rail transport
safety during the construction process;
d) Operating construction equipment without an
appropriate qualification as per the law;
dd) Retrieving warning signals before finishing
construction and testing structure clearance to allow operation;
e) Executing railway structure construction under
expired license for construction or under agreements of competent authorities
in which time limit for construction has expired;
g) Placing building equipment, materials, warning
signs, and other materials serving construction within the railway clearance
after the blockade period is expired, except for violations specified in Point
c Clause 2 of this Article;
h) Failure to notify supervisory agencies of
railway structure of completion of the construction;
i) Commencing constructions without requesting for
warning as per the law;
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2. A fine ranging from VND 3,000,000 to
VND 5,000,000 shall be imposed upon an individual, from VND 6,000,000
to VND 10,000,000 upon an organization that commits any of the following
violations:
a) Commencing construction without construction
permit or without acceptance documents of competent agencies as per the law (if
required by the law); failure to comply with construction permits or acceptance
documents of competent agencies;
b) Failure to take measures for preventing
accidents when finding that the construction threatens rail transport safety;
c) Improperly placing a vehicle, material, or
construction equipment blocking rail transport or threatening traffic safety.
3. A fine ranging from VND 7,500,000 to VND
10,000,000 shall be imposed on an individual, from VND 15,000,000 to VND
20,000,000 shall be imposed on an organization for commencing construction
before being transferred with the construction premises as per the law.
4. A fine ranging from VND 10,000,000 to
VND 15,000,000 shall be imposed upon an individual, from VND 20,000,000
to VND 30,000,000 upon an organization that executes construction on an
operational track without taking measures for ensuring railway safety causing a
railway accident.
5. Apart from incurring fines, the organization or
individual that commits any of the violations specified in Point e Clause 1,
Point a Clause 2, Clause 4 of this Article shall also be suspended from
construction or has the construction license (if any) suspended from 1 month to
3 months.
6. Apart from incurring penalties, following remedial
measures shall also be adopted:
a) The violations specified in Point b Clause 1 of
this Article shall lead to provision of adequate safety equipment and signaling
devices;
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c) The violation(s) specified in Point g Clause 1
of this Article shall lead to removal machinery, equipment and materials serving
construction, warning signs and temporary signs from the railway clearance;
d) The violation(s) specified in Point b Clause 2
of this Article shall lead to immediate adoption of measures to ensure rail
transport safety as per the law;
dd) The violation(s) specified in Point c Clause 2
of this Article shall lead to repositioning of vehicles, materials and
equipment for construction as per the law and not obstructing train operation;
e) The violation(s) specified in Point e Clause 1
and Point a Clause 2 of this Article shall lead to restoration to original
condition prior to the administrative violations.
Article 57. Penalties for
violations against regulations on connection of railway lines
1. A fine ranging from VND 6,000,000 to VND
10,000,000 shall be imposed on a national railway infrastructure enterprise, a
urban railway enterprise or an owner of specialized railway that fails to
detect or fails to develop measures to prevent and report promptly violations
relating to connecting railway lines.
2. A fine ranging from VND 10,000,000 to
VND 15,000,000 shall be imposed upon an individual, from
VND 20,000,000 to VND 30,000,000 upon an organization connecting
railway lines that commits any of the following violations:
a) Illegally connecting railway lines;
b) Failure to adequately execute contents specified
in permit for connecting railway lines;
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d) Failure to transfer premises and as-built dossiers
of construction within the construction areas as per the law after connecting.
Section 3. VIOLATIONS AGAINST
REGULATIONS ON RAILWAY VEHICLES
Article 58. Penalties for
violations against regulations on railworthiness
1. A fine ranging from VND 500,000 to
VND 1,000,000 shall be imposed upon an individual, from VND 1,000,000
to VND 2,000,000 upon an organization that operates improvised vehicles on
the railway.
2. A fine ranging from VND 6,000,000 to
VND 10,000,000 shall be imposed for each violating vehicle upon the
organization in charge of administration of railway vehicle operation that
commits any of the following violations:
a) Operating a vehicle on railway without having a
railway vehicle registration certificate or using a railway vehicle registration
certificate issued by other than competent agencies, except for moving recently
imported vehicles, vehicle testing and moving vehicles towards yards for
storage and preservation;
b) Operating a vehicle without a certificate of
technical and environmental safety or a certificate of periodic inspection of
technical and environmental safety, except for vehicle testing and moving
damaged vehicles for repair; using certificates of technical and environmental
safety or certificates of periodic inspection of technical and environmental
safety that are issued by other than competent agencies or expired;
c) Allowing a vehicle banned from operation to
operate on the railway;
d) Carrying passengers on a cargo carriage;
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3. A fine ranging from VND 15,000,000 to
VND 20,000,000 shall be imposed upon an organization that commits any of
the violations specified in Point c Clause 2 of this Article thus causing a
railway accident.
4. Apart from the fines, the person or organization
that commits the violations in Clause 1 of this Article shall have their
improvised vehicle confiscated.
5. Apart from the fines, organizations committing
violations specified in Point dd Clause 2 of this Article shall take remedial
measures in form of restoration of structure, shape and use functions of the
vehicles to their original conditions before operating the vehicles.
Article 59. Penalties for
violations against regulations necessary information and instructions for
railway vehicles
1. A fine ranging from VND 2,000,000 to
VND 3,000,000 for each violating vehicle shall be imposed on an
organization directly managing and operating railway vehicles (the total fine
amount imposed on a single organization shall not exceed VND 150,000,000) that
commits any of following violations:
a) Operating passenger cars on national railway
without adequately putting up train rules and regulations, routes, names of
transit stations and the destination station, measures to be adopted in case of
fire or accident as prescribed;
b) Operating urban railway vehicles without
providing adequate necessary information and direction for customers as
prescribed.
2. A fine ranging from VND 3,000,000 to
VND 5,000,000 shall be imposed upon an organization directly managing and
operating railway vehicles that fails to adequately put up the reference
number, registration number and other symbols on each of the railway vehicles.
Article 60. Penalties for violations
against regulations on braking equipment and assembling trains
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a) Failure to install automatic or manual brake or
functional one on the railway vehicle;
b) Failure to install an emergency brake handle or
a functional one in each passenger coach and at the working position of the
captain;
c) Failure to periodically check and seal the
emergency brake handle and pressure gauge;
d) Failure to install a pressure gauge or a
functional one at the working position of the captain and some passenger cars;
dd) Failure to properly place the assembling
equipment.
2. A fine ranging from VND 10,000,000 to
VND 15,000,000 shall be imposed upon the organization directly managing
and operating railway vehicles that uses a rear signaling device without a
certification that is unexpired and issued by a competent authority, or uses a
rear signaling device that is not functional as per the law.
3. Apart from incurring penalties, the violator
shall also be compelled to:
a) The violation(s) specified in Point a Clause 1
of this Article shall lead to installation of equipment or replacement with
equipment satisfactory to technical safety standards or restoration of
technical attributes of equipment namely automatic and manual brake;
b) The violation(s) specified in Point b Clause 1
of this Article shall lead to installation of equipment or replacement with
equipment satisfactory to technical safety standards or restoration of
technical attributes of equipment namely emergency brakes at working stations
of captain and on passenger cars;
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dd) The violations specified in Point dd Clause 1
of this Article shall lead to installation of the assembling equipment as per
the law;
dd) The violation(s) specified in Clause 2 of this
Article shall lead to replacement or restoration to original technical
attributes of rear signaling devices as per the law.
Article 61. Penalties for
violations against regulations necessary equipment on railway vehicles
1. A fine ranging from VND 1,000,000 to
VND 2,000,000 shall be imposed upon a captain or train driver that:
a) Fails to provide or adequately provide
fire-fighting equipment and materials, first-aid kits, equipment for choking
and signaling on the freight train;
b) Fails to provide or adequately provide escape
equipment, fighting equipment and materials, first-aid kits, tools and
materials for minor repairs, equipment for choking and signaling on the
passenger train;
c) Failure to put up the regulations, route, names
of destination stations, and how to deal with accidents or fire on the train.
2. A fine ranging from VND 3,000,000 to
VND 5,000,000 shall be imposed upon the organization responsible for
administration of railway vehicle operation that puts a passenger coach into
operation without adequate and functional equipment.
3. A fine ranging from VND 5,000,000 to
VND 10,000,000 shall be imposed upon the organization responsible for
administration of railway vehicle operation that commits any of the following
violations:
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b) Failure to install speedometer or equipment for
communication between the driver and the captain or functional ones at the
working position of the captain.
4. Apart from incurring penalties, following
remedial measures shall also be adopted:
a) The violation(s) specified in Point a Clause 1
of this Article shall lead to provision of adequate fire-fighting equipment and
materials, first-aid kits, equipment for choking and signaling on the freight
train;
b) The violation(s) specified in Point b Clause 1
of this Article shall lead to provision of adequate fire-fighting equipment and
materials, first-aid kits, equipment for emergency exit; equipment for chocking
and signaling; equipment for basic repair;
c) The violation(s) specified in Point a Clause 3
of this Article shall lead to adequate installation or replacement with
equipment satisfactory to technical safety standards or restoration of
technical attributes of equipment namely speedometer and devices recording
information relating to train operation (black box), alerter devices to keep
train operators awake while controlling the trains;
d) The violation(s) specified in Point b Clause 3
of this Article shall lead to installation of equipment or replacement with
equipment satisfactory to technical safety standards or restoration of
technical attributes of equipment namely speedometers and devices enabling
communication between captains and drivers at working station of the captains.
Section 4. PENALTIES FOR
VIOLATIONS COMMITTED BY RAILWAY EMPLOYEES
Article 62. Penalties imposed
upon employees directly serving the train operation violating regulations on
qualifications
1. A fine ranging from VND 1,000,000 to
VND 2,000,000 shall be imposed upon the train driver that operates a
railway vehicle without carrying the train driver’s license or an unexpired one
or one that matches the vehicle.
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3. Apart from the fines, the person that commits
any of the violations in Clause 2 of this Article shall have their fabricated
qualification or train driver’s license confiscated.
Article 63. Penalties for
violations against alcoholic contents or usage of other stimulants prohibited
by law of railroad employees directly serving train operation (except drivers
and co-drivers)
1. A fine ranging from VND 2,000,000 to
VND 4,000,000 shall be imposed for working while BAC is less than 50 mg
per 100 ml of blood, or BrAC is less than 0.25 mg per liter of breath.
2. A fine ranging from VND 4,000,000 to
VND 6,000,000 shall be imposed for working while BAC exceeds 50 mg up to
80 mg per 100 ml of blood, or BrAC exceeds 0.25 mg up to 0.4 mg per liter of
breath.
3. A fine ranging from VND 6,000,000 to
VND 8,000,000 shall be imposed for any of the following violations:
a) Working while BAC exceeds 80 mg per 100 ml of
blood, or BrAC exceeds 0.4 mg per liter of breath;
b) Failure to comply with the law enforcement
officer’s order for testing for alcohol contents or other stimulants prohibited
by regulations and law;
c) Working under other stimulants prohibited by the
law.
Article 64. Penalties imposed
upon railway workers violating regulations on railway safety
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2. A fine ranging from VND 500,000 to
VND 1,000,000 shall be imposed for:
a) The captain that allows people to walk, stand,
lie, or sit on the roof of the coach, hang from the coach, locomotive, or
connector;
b) The captain or train driver that allows
passengers to get on freight train;
c) Train captains or attendants allowing street
vendors aboard the trains, allowing persons without tickets to ride the trains,
allowing persons to get on or get off moving trains; leaving luggage and cargos
at 2 ends of the cars while the trains are moving, except for leaving luggage
and cargos of passengers who are about to get off the trains as the trains
enter stations allowing halt and parking;
d) The patrolling employee that fails to check and
discover the damage to the tunnel, bridge, railway, railway perimeter or rail
transport safety corridor or fails to take remedial measures or report the
damage to a competent person;
dd) The railway worker failing to adhere to
professional procedures.
3. A fine ranging from VND 3,000,000 to
VND 5,000,000 shall be imposed in case of committing any of the violations
specified in Point c Clause 2 of this Article thus causing a railway accident.
4. Apart from incurring penalties, the person that
commits any of the violations specified in Point a Clause 2 of this Article
shall be compelled to be guided back to positions as per the law.
Article 65. Penalties for
violations against regulations on permissible number of people on board,
permissible load of railway vehicles and permissible load of railroad and
bridges
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2. A fine ranging from VND 3,000,000 to
VND 5,000,000 shall be imposed upon the rail transport company that
commits any of the following violations:
a) Loading goods on each car in a manner that
exceeds permissible load of that car by exceeding 5% up to 40%;
b) Operating railway vehicles whose uniformly
distributed load or axial load exceed maximum permissible load of railroad
specified in maximum load order up to 10%;
c) Failure to publicize schemes for selling
additional seats and converting beds into seats in peak seasons as per the law.
3. A fine ranging from VND 5,000,000 to
VND 10,000,000 shall be imposed upon the rail transport company that
commits any of the following violations:
a) Loading goods on each car in a manner that
exceeds permissible load of that car by exceeding 40% up to 100%;
b) Operating railway vehicles whose uniformly
distributed load or axial load exceed maximum permissible load of railroad
specified in maximum load order from exceeding 10% to 20%.
4. A fine ranging from VND 10,000,000 to
VND 20,000,000 shall be imposed upon the rail transport company that commits
any of the following violations:
a) Loading goods on each car in a manner that
exceeds permissible load of that car by exceeding 100%;
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5. Apart from incurring penalties, the
organizations that commit any of the violations specified in Clause 1 of this
Article shall be compelled to assign other vehicles to carry excess passengers.
Article 66. Penalties incurred
by the driver and co-driver
1. A fine ranging from VND 300,000 to
VND 500,000 shall be imposed upon a co-driver that fails to supervise the
train speed, observe and inform the driver of signals and signs.
2. A fine ranging from VND 500,000 to
VND 1,000,000 shall be imposed upon the train driver that:
a) Leaves the driving position while the locomotive
is working;
b) Allows unauthorized people or cargo in the
locomotive;
c) Damages the alerter devices keeping the driver
awake while operating the train;
d) Disobeys the instructions of the captain,
signals or signs;
dd) Fails to carry or adequately carry flags,
signal lamps, flares, or chocks in the locomotive during the shift.
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a) Stops the train against the rules without
reasonable explanation;
b) Lets the train moving pass the stop signal;
c) Exceeds the speed limits in maximum speed order
by up to 10 km/h.
4. A fine ranging from VND 4,000,000 to
VND 6,000,000 shall be imposed upon the driver that exceeds the speed
limits in maximum speed order by exceeding 10 km/h to 20 km/h.
5. A fine ranging from VND 6,000,000 to
VND 8,000,000 shall be imposed upon a train driver that:
a) Exceeds the speed limits in maximum speed order
by up to 20 km/h;
b) Working while BAC is less than 50 mg per 100 ml
of blood, or BrAC is less than 0.25 mg per liter of breath.
6. A fine ranging from VND 16,000,000 to
VND 18,000,000 shall be imposed for working while BAC exceeds 50 mg up to
80 mg per 100 ml of blood, or BrAC exceeds 0.25 mg up to 0.4 mg per liter of
breath.
7. A fine ranging from VND 30,000,000 to
VND 40,000,000 shall be imposed for:
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b) Failure to comply with the law enforcement
officer’s order for testing for alcohol contents or other stimulants prohibited
by regulations and law;
c) Working under other stimulants prohibited by the
law.
8. Apart from incurring fines, persons committing
the violations shall also incur the following additional penalties:
a) The violation(s) specified in Clause 3 and
Clause 4 of this Article shall lead to suspension of driving license from 01
month to 03 months;
b) The violation(s) specified in Clause 5 of this
Article shall lead to suspension of driving license from 03 months to 05
months;
c) The violation(s) specified in Clause 6 of this
Article shall lead to suspension of driving license from 10 months to 12
months;
b) The violation(s) specified in Clause 7 of this
Article shall lead to suspension of driving license from 22 months to 24
months.
9. Apart from the penalties, the person committing
the violation specified in Point b Clause 2 of this Article shall be compelled
to remove the passengers and cargo from the locomotive.
Article 67. Penalties for
violations against regulations on employees directly serving train operation
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a) Failure to conduct medical check-up for railway
employees directly serving train operation within their management;
b) Failure to conduct annual examination and tests
for railway employees directly serving train operation as per the law.
2. A fine ranging from VND 8,000,000 to
VND 10,000,000 shall be imposed upon an employer that commits any of the
following violations:
a) Employing persons without appropriate
specialized certifications, qualifications or license for train operation as
per the law;
b) Employing persons without adequate health as per
the law.
Article 68. Penalties imposed
upon rail transport training institutions violating regulations of laws on
training and issuance of qualifications
1. A fine ranging from VND 3,000,000 to
VND 5,000,000 shall be imposed for:
a) Failure to meet the requirements and standards
applied to rail transport training institutions;
b) Failure to comply with the regulations on
recruitment, training programs, examination, issuing/replacing qualifications.
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3. Apart from incurring fines, the organization
that commits any of the violations specified in Clause 1 of this Article shall
be suspended from recruitment from 1 month to 3 months.
4. Apart from incurring penalties, the organization
that commits any of the violations specified in Clause 2 of this Article shall
have to revoke and dispose the qualifications illegally issued.
Article 69. Penalties for
violations against regulations on formulation of rules for train operation and
shunting techniques, technical management of train station and putting up the
rules for technical management of train station or rail station
1. A fine ranging from VND 1,000,000 to VND
3,000,000 shall be imposed on an organization directly operating and/or
providing national railway or specialized railway infrastructures without
adequately putting up excerpts of rules for technical management of train
station or rail station as per the law.
2. A fine ranging from VND 3,000,000 to
VND 5,000,000 shall be imposed upon the organization assigned to directly
operate national railway or specialized railway infrastructures that commits
any of the following violations:
a) Failure to develop regulations for technical
management of train stations, procedures for train operation and shunting or
regulations for operation of rear signaling devices installed on cargo trains
as per the law;
b) Failure to develop operational regulations for
drivers and co-drivers; failure to develop registry serving train operation and
warning; failure to specify train operation measures at intersection between
national railway and specialized railway as per the law.
Section 5. VIOLATIONS AGAINST
REGULATIONS ON RAILWAY SERVICES
Article 70. Penalties for
violations against regulations on conditions for railway service provision
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a) The rail transport enterprise failing to assign
personnel eligible as per the law to handle safety assurance and primarily be
responsible for transport operation management and techniques;
b) The rail infrastructure enterprise failing to
assign personnel eligible as per the law to handle safety assurance and manage
the enterprise;
c) The urban railway enterprise failing to assign
personnel eligible as per the law to handle safety assurance and manage the
enterprise;
d) The urban railway enterprise failing to assign
personnel eligible as per the law to handle rail transport safety assurance and
manage, operate the enterprise.
2. A fine ranging from VND 20,000,000 to
VND 30,000,000 shall be imposed upon a rail transport enterprise, rail
infrastructure enterprise or urban railway enterprise that commits any of the
following violations:
a) The rail transport enterprise failing to
establish department to be in charge of rail transport safety as per the law;
b) The rail infrastructure enterprise failing to
establish department to be in charge of safety affairs as per the law;
c) The urban railway enterprise failing to
establish department to be in charge of railway infrastructure safety as per
the law;
d) The urban railway enterprise failing to
establish department to be in charge of rail transport safety as per the law.
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1. A fine ranging from VND 3,000,000 to
VND 5,000,000 shall be imposed upon the rail transport company that
commits any of the following violations:
a) Transporting corpses and bones against the law;
b) Transporting living or wild animals against the
law;
c) Failure to adequately put up and publicize via
mass media or website of the enterprise information about train schedules,
passenger ticket price, luggage price, cargo price and other prices, ticket
sale plans, list of commodities prohibited from being transported by passenger
trains and regulations of the enterprise on responsibilities for serving
passengers;
d) Failure to inform the number of remaining seats
to passengers when selling tickets electronically.
2. A fine ranging from VND 5,000,000 to
VND 10,000,000 shall be imposed upon the rail transport enterprise that
fails to adhere to regulations on exemption of tickets or reduction of ticket
prices.
3. A fine ranging from VND 10,000,000 to
VND 20,000,000 shall be imposed upon the rail transport company that
commits any of the following violations:
a) Failure to provide transports for special
missions and social security missions at request of a head of competent
authority as per the law;
b) Failure to comply with regulations on
transporting oversized cargo;
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d) Failure to ensure passengers are provided with
adequate conveniences when the transport is interrupted due to accidents,
natural disasters, or sabotage;
dd) Failure to comply with regulations on handling,
transporting, and securing dangerous goods on coaches;
e) Failure to assign adequate employees on board as
per the law;
g) Failure to develop operational procedures for
employee titles on board as per the law.
4. Apart from incurring penalties, the violator
shall also be compelled to:
a) The violations specified in Point a, Point b
Clause 1 of this Article shall lead to removal of corpse or animal at the
nearest station for further actions;
b) The violation(s) specified in Point a Clause 3
of this Article shall lead to immediate provision of transports for special
missions and social security missions at request of the head of the competent
authority;
c) The violation(s) specified in Points b, c and dd
Clause 3 of this Article shall lead to immediate adoption of safety measures as
per the law.
Article 72. Penalties for
using fake train tickets and selling train tickets against the law
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2. A fine ranging from VND 2,000,000 to
VND 4,000,000 shall be imposed upon any person:
a) Any ticketing staff of a train station, ticket
agent, or on the train who sells tickets against the law;
b) Any person who trades in tickets to earn illicit
profits.
3. A fine ranging from VND 10,000,000 to
VND 15,000,000 shall be imposed upon an individual, from VND 20,000,000
to VND 30,000,000 upon an organization that commits any of the following
violations:
a) Transporting fake train tickets;
b) Selling fake train tickets;
c) Storing fake tickets.
4. Apart from incurring fines, the violator shall
also incur the following additional penalties:
a) The violation(s) specified in Clause 1 of this
Article shall lead to confiscation of fake tickets;
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c) The violation(s) specified in Clause 3 of this
Article shall lead to total confiscation of fake tickets.
5. If the road infrastructure is damaged by the
violations specified in Clause 2, Clause 3 of this Article, the violator
shall be compelled to repair and restore the original condition apart from
incurring the penalties.
Section 6. OTHER OFFENCES
RELATED TO RAIL TRANSPORT
Article 73. Penalties for
violations against other regulations on railway safety and security
1. A fine ranging from VND 100,000 to
VND 200,000 shall be imposed upon any person who:
a) Peddles on the train or in the train station;
b) Fails to comply with train regulations on the
train;
c) Throws earth, stones, or other objects from the
train.
2. A fine ranging from VND 300,000 to
VND 500,000 shall be imposed upon any person:
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b) Dumps or leaves garbage on railway vehicles;
c) Brings an animal that carries contagious
diseases or a wild animal to the station or to the train;
d) Illegally brings flammable/explosive substance
or weapon to the station or train;
dd) Illegally brings a living animal to the train;
e) Illegally brings corpses or cremains on urban
trains, national trains or in stations.
3. A fine ranging from VND 500,000 to
VND 1,000,000 shall be imposed upon any individual who throws earth,
stones or other objects at the train.
4. A fine ranging from VND 2,000,000 to VND
3,000,000 shall be imposed on an individual threatening or violating health of
passengers or railway employees on mission.
5. Apart from incurring penalties, the person who
commits any of the violations specified in Points c, d, dd and e Clause 2 of
this Article shall have to remove the corpse, bones, sick animal,
flammable/explosive substance, or weapon, or living animal from the train (at
the nearest train station in case of moving trains) for further actions.
Chapter IV
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Section 1. POWER TO IMPOSE
PENALTIES
Article 74. Power to impose
administrative penalties for road traffic offences and rail transport offences
1. Chairpersons of People’s Committees of all
levels are entitled to impose penalties for the violations specified in this
Decree within their competence.
2. Traffic policeman within assigned functions and
tasks are entitled to impose penalties for violations specified in following
Points, Clauses and Articles of this Decree as follows:
a) Articles 5, 6, 7, 8, 9, 10 and 11;
b) Clause 1, Clause 2, Clause 3, Clause 4, Clause 5
(except Point a Clause 5), Clause 6 (except Point dd Clause 6), Clause 7 and
Point a Clause 8 Article 12;
c) Clause 1; Points b, c and d Clause 2; Point b
Clause 3; Point a Clause 4; Points b and c Clause 5 Article 13;
d) Clause 1, Clause 2, Point a Clause 3, Clause 4,
Clause 5, Clause 6, Clause 7, Clause 8, Point a Clause 9 Article 15;
dd) Articles 16, 17, 18, 19, 20, 21, 22, 23, 24,
25, 26 and 27;
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g) Article 29, Article 30, Article 31, Article 32,
Article 33, Article 34, Article 35 (except for Points a, c, d and dd Clause 2
of this Article) and Article 36;
h) 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 Article 37;
i) Points b and c Clause 1; Clause 2; Clause 3;
Clause 4 Article 40;
k) Articles 41, 42, 43, 44, 45, 46 and 47;
l) Clauses 1, 2, 3, 4 and 5 Article 48;
m) Articles 49 and 50;
n) Clause 1; Clause 2; Clause 3; Points a, b and c
Clause 4 Article 51;
o) Article 52; Clauses 1, 2 and 3 Article 53;
p) Points a and c Clause 1; Points a, b and c
Clause 2; Clause 3; Clause 4 Article 54;
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r) Clause 2 Article 67;
s) Points a and b Clause 1; Points b, c, dd and e
Clause 3 Article 71;
t) Articles 72 and 73.
3. Police officers, rapid response forces, mobile
police officers, and administration police officers within assigned functions
and tasks relating to road and railway transport order and safety are entitled
to impose penalties for violations specified in following Points, Clauses and
Articles of this Decree as follows:
a) Points dd and g Clause 1; Points g and h Clause
2; Points b, d, dd, e, k, r and s Clause 3; Points b, d, dd, g and i Clause 4;
Points b, c and h Clause 5; Point c Clause 6; Point b Clause 7; Point c Clause
8; Clause 9; Clause 10 Article 5;
b) Points g and n Clause 1; Points a, dd, h, i, k
and l Clause 2; Points b, c, d, dd, e, i, k and m Clause 3; Points b, d, dd, e,
g and h Clause 4; Clause 5; Points a and c Clause 6; Point c Clause 7; Clause
8; Clause 9 Article 6;
c) Points b, c, d, dd, e, g and h Clause 2; Points
b and d Clause 3; Points b, c, dd, e and g Clause 4; Clause 5; Point c Clause
6; Point b Clause 7; Point b Clause 8; Clause 9 Article 7;
d) Points c, dd, e, g, h, k, l, m, n, o, p and q
Clause 1; Clause 2; Clause 3; Clause 4 Article 8;
dd) Article 9, Article 10, Article 11, Article 12
(except Point a Clause 5 and Point dd Clause 6 Article 12);
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g) Articles 18 and 20;
h) Point b Clause 3; Points a, b, c, dd, e and k
Clause 5; Points a, b and c Clause 6; Point a Clause 7 Article 23;
i) Articles 26 and 29;
k) Clauses 4 and 5 Article 31; Article 32, Article
34;
l) Article 47, Article 49, Article 51 (except Point
d Clause 4 Article 51), Article 52, Article 53 (except Clause 4 Article 53),
Article 72, Article 73.
4. Chiefs of police stations of communes within
assigned functions and tasks related to road and railway order and safety are
entitled to impose penalties for the violations specified in following Points,
Clauses and Articles of this Decree as follows:
a) Points dd and g Clause 1; Points g and h Clause
2; Points b, d, dd, e, k, r and s Clause 3 Article 5, except for causing
traffic accidents;
b) Points g and n Clause 1; Points a, dd, h, i, k
and l Clause 2; Points c, d, dd, k and m Clause 3; Points b and d Clause 4
Article 6, except for causing traffic accidents;
c) Points b, c, d, dd, e, g and h Clause 2; Point d
Clause 3; Points b, dd and g Clause 4 Article 7, except for causing traffic
accidents;
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dd) Articles 9 and 10;
e) Clauses 1, 2, 3, 6 and 7 Article 11;
g) Point a Clause 1, Point dd Clause 2 Article 12;
h) Clauses 1 and 2 Article 15;
i) Article 18; Clause 1 Article 20;
k) Point b Clause 3 Article 23;
l) Clause 4 Article 31; Clauses 1 and 2 Clause 32;
Clause 1 Article 34;
m) Clauses 1, 2, 3, 4 and 6 Article 47; Points b, c
and d Clause 1 Article 49; Point b Clause 1, Clause 2 Article 53; Clause 1
Article 72;
n) Clause 1; Points a and b Clause 2; Clause 3
Article 73.
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a) Point dd Clause 1; Points g and h Clause 2;
Points d, dd, e and k Clause 3; Points b, c, d, dd, g and i Clause 4; Points b
and c Clause 5; Points b and c Clause 6; Point c Clause 8; Points a and b
Clause 10 Article 5;
b) Points a, dd and h Clause 2; Point d Clause 3;
Points b and g Clause 4 Article 6;
c) Points c, d, dd, e, g and h Clause 2; Point b
Clause 3; Points dd and g Clause 4; Points b, c and d Clause 5 Article 7;
d) Points dd, k and l Clause 1; Point b Clause 2
Article 8;
dd) Clause 4; Point a Clause 7; Clause 9; Point a
Clause 10 Article 11;
e) Articles 12, 13, 14 and 15;
g) Clause 1; Clause 2; Clause 3; Clause 4; Points
b, dd and e Clause 5 Article 16;
h) Articles 19 and 20;
i) Clause 3; Points b and c Clause 4; Clause 6;
Clause 8 Article 21;
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l) Points a and b Clause 1; Points a, b, d and dd
Clause 2; Clause 3; Clause 4; Clause 5; Clause 6; Clause 7; Points a and b
Clause 8 Article 24;
m) Articles 25, 27 and 28;
n) Points a and b Clause 2; Clause 3; Clause 6;
Points a, dd, g, h, i, k and m Clause 7; Clause 8; Clause 9; Clause 10; Clause
11; Clause 12; Clause 13 Article 30;
o) Articles 31 and 33;
p) Points b and c Clause 1; Points a, b, c, dd and
g Clause 2 Article 35;
q) Articles 37 and 38;
r) Clauses 2, 3, 4, 5, 6, 7 and 8 Article 47; Point
b Clause 2; Point b Clause 3 Article 49 in case of occurrence at crossings or
road-rail bridges.
6. Seaport authorities, airport authorities, inland
waterways port authorities, rail transport inspectors, aviation inspectors,
maritime inspectors, inland waterways inspectors within assigned functions and
tasks are entitled to impose penalties for the violations specified in Point a
Clause 1, Point l Clause 3, Point e Clause 5 Article 28 of this Decree.
7. Transport inspectors and persons assigned to
conduct specialized railway inspection within assigned functions and tasks are
entitled to impose penalties for violations specified in following Points,
Clauses and Articles of this Decree as follows:
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b) Clause 1; Clause 2; Clause 3; Clause 4; Points
a, b and d Clause 5; Clause 6; Clause 7 Article 48;
c) Clauses 1, 2, 3, 4, 6 and 7 Article 49;
d) Articles 50 and 51;
dd) Clauses 1 and 2 Article 52;
e) Articles 53, 54 and 55;
g) Clauses 1, 2 and 3 Article 56;
h) Article 57;
i) Clauses 1 and 2 Article 58;
k) Articles 59, 60, 61, 62 and 63;
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m) Articles 65, 66, 67, 68, 69, 70, 71, 72 and 73.
8. Environmental protection inspectors and persons
assigned to conduct environmental protection inspection within assigned
functions and tasks are entitled to impose penalties for the violations against
regulations on environmental protection specified in following Points, Clauses
and Articles of this Decree as follows:
a) Point c Clause 1 Article 10;
b) Point dd Clause 2, Clause 4, Point a Clause 6
Article 12;
c) Point c Clause 2 Article 16; Point dd Clause 1
Article 17;
d) Point d Clause 1 Article 19; Articles 20 and
Article 26;
dd) Clause 1, Point a Clause 2 Article 51;
e) Point a Clause 3 Article 53;
g) Point b Clause 2 Article 73.
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1. Chairpersons of People’s Committees of communes
are entitled to:
a) Issue warnings;
b) Impose fines of up to VND 4,000,000 for
road traffic offences and up to VND 5,000,000 for rail transport offences;
c) Confiscate the objects and vehicles illegally
used, the value of which does not exceed the fine rate specified in Point b of
this Clause;
d) Adopt remedial measures specified in Points a,
b, and c Clause 1 Article 4 of this Decree.
2. Chairpersons of People’s Committees of districts
are entitled to:
a) Issue warnings;
b) Impose fines of up to VND 20,000,000 for
road traffic offences and up to VND 37,500,000 for rail transport
offences;
c) Suspend licenses, practicing certificates, or
suspend the operation;
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dd) Adopt remedial measures specified in Points a,
b, c, dd and e Clause 1 Article 4 of this Decree.
3. Chairpersons of People’s Committees of provinces
are entitled to:
a) Issue warnings;
b) Impose fines of up to VND 40,000,000 for
road traffic offences and up to VND 75,000,000 for rail transport
offences;
c) Suspend licenses, practicing certificates, or
suspend the operation;
d) Confiscate the objects and vehicles illegally
used;
dd) Adopt remedial measures specified in Clause 1
Article 4 of this Decree.
Article 76. Power to impose
penalties of the people’s public security
1. Police officers on duty are entitled to:
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b) Impose fines of up to VND 400,000 for road
traffic offences and up to VND 500,000 for rail transport offences.
2. Senior officers of the persons mentioned in
Clause 1 of this Article are entitled to:
a) Issue warnings;
b) Impose fines of up to VND 1,200,000 for
road traffic offences and up to VND 1,500,000 for rail transport offences.
3. Chief of police stations of communes, chiefs of
police stations at border checkpoints and export-processing zones are entitled
to:
a) Issue warnings;
b) Impose fines of up to VND 2,000,000 for
road traffic offences and up to VND 2,500,000 for rail transport offences;
c) Confiscate the objects and vehicles illegally
used, the value of which does not exceed the fine rate specified in Point b of
this Clause;
d) Adopt remedial measures specified in Points a
and c Clause 1 Article 4 of this Decree.
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a) Issue warnings;
b) Impose fines of up to VND 8,000,000 for
road traffic offences and up to VND 15,000,000 for rail transport
offences;
c) Suspend licenses, practicing certificates, or
suspend the operation;
d) Confiscate the objects and vehicles illegally
used, the value of which does not exceed the fine rate specified in Point b of
this Clause;
dd) Adopt remedial measures specified in Points a,
c and e Clause 1 Article 4 of this Decree.
5. Directors of provincial police authorities are
entitled to:
a) Issue warnings;
b) Impose fines of up to VND 20,000,000 for
road traffic offences and up to VND 37,500,000 for rail transport
offences;
c) Suspend licenses, practicing certificates, or
suspend the operation;
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dd) Adopt remedial measures specified in Points a,
c, dd and e Clause 1 Article 4 of this Decree.
6. Directors of Traffic Police Authority and Public
Order Police Authority are entitled to:
a) Issue warnings;
b) Impose fines of up to VND 40,000,000 for
road traffic offences and up to VND 75,000,000 for rail transport
offences;
c) Suspend licenses, practicing certificates, or
suspend the operation;
d) Confiscate the objects and vehicles illegally
used;
dd) Adopt remedial measures specified in Points a,
c, dd and e Clause 1 Article 4 of this Decree.
Article 77. The power to
impose penalties of specialized inspectors, seaport authorities, airport
authorities, inland waterways port authorities
1. Inspectors and the persons assigned to conduct
specialized inspections are entitled to:
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b) Impose fines of up to VND 400,000 for road
traffic offences and up to VND 500,000 for rail transport offences;
c) Confiscate the objects and vehicles illegally
used, the value of which does not exceed the fine rate specified in Point b of
this Clause;
d) Adopt remedial measures specified in Points a
and c Clause 1 Article 4 of this Decree.
2. Chief Inspectors of Provincial Departments of
Transport, Chief Inspectors of Provincial Departments of Natural Resources and
Environment, Chief Inspector of the Civil Aviation Authority of Vietnam, Chief
Inspector of Vietnam Maritime Administration, chiefs of local road authorities
affiliated to Directorate for Roads of Vietnam, chief of inspectorates of
Provincial Departments of Transport, , chief of inspectorates of Provincial
Departments of Natural Resources and Environment, chiefs of inspectorates of
Vietnam Environment Administration, chiefs of inspectorates of Directorate for
Roads of Vietnam, chiefs of inspectorates of Vietnam Railway Administration,
chiefs of inspectorates of local road authorities affiliated to Directorate for
Roads of Vietnam are entitled to:
a) Issue warnings;
b) Impose fines of up to VND 20,000,000 for
road traffic offences and up to VND 37,500,000 for rail transport
offences;
c) Suspend licenses, practicing certificates, or
suspend the operation;
d) Confiscate the objects and vehicles illegally
used, the value of which does not exceed the fine rate specified in Point b of
this Clause;
dd) Adopt remedial measures specified in Clause 1
Article 4 of this Decree.
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a) Issue warnings;
b) Impose fines of up to VND 28,000,000 for
road traffic offences and up to VND 52,500,000 for rail transport
offences;
c) Suspend the licenses, practicing certificates,
or suspend the operation;
d) Confiscate the objects and vehicles illegally
used, the value of which does not exceed the fine rate specified in Point b of
this Clause;
dd) Adopt remedial measures specified in Clause 1
Article 4 of this Decree.
4. Chief Inspector the Ministry of Transport, Chief
Inspector of the Ministry of Natural Resources and Environment, Chief Inspector
of Vietnam Environment Administration, Director of Directorate for Roads of
Vietnam, Director of Vietnam Railway Administration, Director of Vietnam
Maritime Administration, Director of Civil Aviation Authority of Vietnam,
Director of Vietnam Inland Waterway Administration are entitled to:
a) Issue warnings;
b) Impose fines of up to VND 40,000,000 for
road traffic offences and up to VND 75,000,000 for rail transport
offences;
c) Suspend licenses, practicing certificates, or
suspend the operation;
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dd) Adopt remedial measures specified in Clause 1
Article 4 of this Decree.
5. Chief representatives of seaport authorities,
airport authorities, the inland waterway port authorities are entitled to:
a) Issue warnings;
b) Impose fines of up to VND 10,000,000 for
road traffic offences.
6. Directors of seaport authorities, airport
authorities, the inland waterway port authorities affiliated to Vietnam Inland
Waterway Administration are entitled to:
a) Issue warnings;
b) Impose fines of up to VND 25,000,000 for
road traffic offences;
c) Suspend licenses, practicing certificates, or
suspend the operation;
d) Confiscate the objects and vehicles illegally
used, the value of which does not exceed the fine rate specified in Point b of
this Clause;
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Article 78. Rules for
determining the power to impose penalties and take remedial measures
1. The power to impose administrative penalties for
road traffic offences, rail transport offences, and to take remedial measures
shall be determined in accordance with Article 52 of the Law on Penalties for
administrative violations.
2. The maximum fines specified in Article 75,
Article 76 and Article 77 of this Decree are applied to individuals; the
maximum fines can be imposed upon an organization is twice the maximum fines
imposed upon an individual that commits the same violation.
3. Any of the persons mentioned in Clause 2, Clause
3 Article 75; Clause 4, Clause 5, Clause 6 Article 76; Clause 2, Clause 3,
Clause 4, Clause 6 Article 77 of this Decree is entitled to suspend the
violator’s license or practicing certificate if the violation, by law, causes
the license or practicing certificate to be suspended.
Article 79. The power to make
records on administrative violations
1. The persons below are entitled to make records
on road traffic offenses:
a) The persons entitled to impose administrative
penalties for road traffic offenses mentioned in Articles 75, 76, and 77 of
this Decree;
b) The patrolling officials and civil servants are
entitled to make records on the infringements upon road infrastructure, illegal
occupation of land for road traffic and road safety corridor;
c) Police officers are entitled to make records on
the violations committed locally;
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dd) Officials and public employees of seaport
authorities, airport authorities, inland waterways port authorities in the
performance of their duties are entitled to make records on the
violations specified in Point a Clause 1, Clause 3, Clause 5 Article 28
which are committed within the areas under their management.
2. The persons below are entitled to make records
on rail transport offenses:
a) The persons entitled to impose administrative
penalties for rail transport offenses mentioned in Articles 75, 76, and 77 of
this Decree;
b) The train captain is entitled to make records on
the violations committed on the train;
c) Police officers are entitled to make records on
the violations committed locally.
Section 2. PENALTY IMPOSITION
PROCEDURE
Article 80. Procedures for
imposing penalties on vehicle owners and operators for violating regulations on
road and rail transport
1. If the owner of the violating vehicle is present
at the scene, the person entitled to impose penalties shall make a record and a
decision on penalty imposition in accordance with Article 30 of this Decree.
2. If the owner of the vehicle is not present at
the scene, the person entitled to impose penalties shall make a record and
impose penalties in accordance with law, the vehicle operator shall add a
signature on the record as a witness, and may implement the decision on
penalties on the vehicle owner’s behalf.
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a) Penalties for violation(s) relating to license plates,
certificates of vehicle registration, temporary certification of vehicle
registration specified in Article 16 (Point c Clause 3; Points a and b Clause
4; Points a, d and dd Clause 5), Article 17 (Point b Clause 1; Clause 2; Point
a Clause 3), Article 19 (Point a Clause 1l Points a, d, dd and e Clause 2) and
corresponding violations specified in Article 30 (Point c Clause 4; Points g, h
and k Clause 5; Points dd and m Clause 7; Points e and g Clause 8) in case
vehicle owners directly operate the vehicles shall be imposed according to
corresponding Points and Clauses of Article 30 of this Decree;
b) Penalties for violation(s) relating to
certificates and stamps for technical and environmental safety of vehicles
specified in Article 16 (Point c Clause 4; Points dd and e Clause 5), Article
19 (Point dd Clause 1; Points c and e Clause 2) and corresponding violations
specified in Article 30 (Points b and e Clause 8; Point c Clause 9) in case the
vehicle owners directly operate the vehicles shall be imposed according to
corresponding Points and Clauses of Article 30 of this Decree;
c) Penalties for violation(s) relating to vehicle
operation period and badges specified in Article 23 (Point d Clause 6; Point b
Clause 7), Article 24 (Point b Clause 5; Point d Clause 6) and corresponding
violations specified in Article 30 (Point d Clause 8; Point h Clause 9) in case
the vehicle owners directly operate the vehicles shall be imposed according to
corresponding Points and Clauses of Article 30 of this Decree;
d) Penalties for violation(s) relating to service
life of vehicles specified in Article 16 (Point b Clause 5) and corresponding
violations specified in Article 28 (Point i Clause 6), Article 30 (Point dd
Clause 8) in case the vehicle owners or transport service providers directly
operate the vehicles shall be imposed according to corresponding Point i Clause
6 Article 28 or Point dd Clause 8 Article 30 of this Decree;
dd) Penalties for violation(s) relating to
dimensions of trunks and cargo bays, removal or addition of seats and beds on
automobiles specified in Article 16 (Points dd and e Clause 3) and
corresponding violations specified in Article 30 (Points e and g Clause 9) in
case vehicle owners directly operate the vehicles shall be imposed according to
corresponding Points and Clauses of Article 30 of this Decree;
e) Penalties for violation(s) relating to
installation and use of tracking devices and cameras on automobiles specified
in Article 23 (Points g and p Clause 5; Point dd Clause 6), Article 24 (Points
a and c Clause 3; Point c Clause 5) and corresponding violations specified in
Article 28 (Points dd and o Clause 6) in case transport service providers
directly operate the vehicles shall be imposed according to corresponding
Points and Clauses of Article 28 of this Decree;
g) Penalties for violation(s) relating to seat
belts and providing passengers with instruction on traffic safety and emergency
exit in case of on-board incidents specified in Article 23 (Points m and m
Clause 3) and corresponding violations specified in Article 28 (Point h Clause
2, Point q Clause 4) in case transport service providers directly operate the
vehicles shall be imposed according to corresponding Points and Clauses of
Article 28 of this Decree;
h) Penalties for violation(s) relating to putting
up vehicle operation schedules specified in Article 23 (Point k Clause 3) and
corresponding violations specified in Article 28 (Point b Clause 4) in case
transport service providers directly operate the vehicles shall be imposed
according to corresponding Point b Clause 4 Article 28 of this Decree;
i) Penalties for violation(s) relating to vehicle
operation schedules and fees specified in Article 23 (Points c and l Clause 3),
Article 31 (Clauses 2 and 3) and corresponding violations specified in Article
28 (Point d Clause 6) in case transport service providers directly operate the
vehicles or act as on-board attendants shall be imposed according to
corresponding Point d Clause 6 Article 28 of this Decree;
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l) Penalties for violation(s) relating to providing
passenger transportation under contracts and providing tourism transportation
specified in Article 23 (Points h, n and q Clause 5) and corresponding
violations specified in Article 28 (Point p Clause 4, Point m Clause 6) in case
transport service providers directly operate the vehicles shall be imposed
according to corresponding Points and Clauses of Article 28 of this Decree;
m) Penalties for violation(s) relating to providing
passenger transportation by taxis specified in Article 23 (Points i, o and p
Clause 3) and corresponding violations specified in Article 28 (Points n and q
Clause 6) in case transport service providers directly operate the vehicles
shall be imposed according to corresponding Points and Clauses of Article 28 of
this Decree;
n) Penalties for violations against regulations on
transporting oversized cargo, exceeding the maximum permissible limit on
payload or passengers specified in Articles 23, 24, 25 and 33 and corresponding
violations specified in Article 30 in case the vehicle owners directly operate
the vehicles shall be imposed according to Article 30 of this Decree.
4. Regarding violations against regulations on GVW
or dimensional limits of vehicles or road infrastructure specified in Article
24 and Article 33 of this Decree, if the vehicle owner or vehicle operator
commits both the violations specified in Article 24 and the violations
specified in Article 33 of this Decree, he/she shall incur a penalty for each
of the violations; regarding violations against regulations specified in Point
d Clause 3, Point a Clause 4, Clause 5 and Point a
Clause 6 Article 33 of this Decree, in case the vehicle owner or vehicle
operator commits both violations against regulations on GVW and gross axle
weight, whichever violations leading to a higher fine shall be met with
penalties.
5. Regarding violations against regulations on
vehicular weight and dimensional limits of vehicles, bridges and roads
specified in Articles 24, 28, 30, 33 and 65 of this Decree, vehicle operators,
vehicle owners, transport service providers, transport auxiliary service
providers, individuals and organizations loading on automobiles and railway
vehicles are compelled to cease the violations as follows:
a) The violation(s) specified in Points a, b and dd
Clause 2; Point b Clause 4; Points a and d Clause 5; Points a and b Clause 6;
Clause 7; Points a and b Clause 8 Article 24 shall lead to unloading excess
cargos and cargos exceeding dimensional limits according to instruction of
competent authorities where the violations are found;
b) The violation(s) specified in Point a Clause 1,
Clause 3, Clause 5 Article 28 shall lead to unloading cargos exceeding
permissible transport weight of the vehicle in case the loaded vehicles have
not left the loading areas;
c) The violation(s) specified in Points g, h, i and
k Clause 7; Point c Clause 8; Points d and dd Clause 9; Points a, e, g and h
Clause 10; Clause 11; Clause 12; Clause 13 of Article 30 shall lead to
unloading excess cargos and oversize cargos according to instructions of
competent authorities where the violations are found;
d) The violation(s) specified in Clauses 1, 2, 3,
4, 5 and 6 Article 33 shall lead to unloading excess cargos and cargos
exceeding dimensional limits according to instruction of competent authorities where
the violations are found;
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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 Certificate of vehicle registration;
b) The vehicle operator who is the spouse of the
holder of the Certificate of vehicle registration;
c) The renter of the vehicle if the vehicle is
leased out by an organization licensed for finance lease;
d) The cooperative that owns the vehicle and
applies for registration of car transport business;
dd) In case an organization or individual legally
use the vehicle (under vehicle rental agreements with other individuals or
organizations, or under business cooperation agreements as per the law) and
holds the registration for provision of transportation services in form of
automobiles of the vehicle, said organization or individual shall be treated as
the vehicle owner in terms of imposing penalties;
e) An organization or individual that purchases,
receives or inherits the vehicle that is purchased, gifted, allocated,
transferred, or bequeathed without applying for a vehicle registration or
vehicle ownership transfer registration shall be treated as the vehicle owner
in terms of imposing penalties;
g) With respect to combination vehicles (including
automobiles towing trailers or semi-trailers and participating in road
traffic), in case an automobile owner does not simultaneously own the trailers
or semi-trailers, the automobile owner (individual or organization specified in
Point a of this Clause, or individual or organization specified in Points b, c,
d, dd and e of this Clause) shall be treated as vehicle owners in terms of
imposing penalties for violations relating to the trailers or semi-trailers and
are being towed along.
7. When imposing a penalty upon any of the vehicle
owners specified in Clause 6 of this Article, the time limit for issuing a
penalty decision may be extended to not more than 60 days to identify the
entity that incurs the penalty as prescribed in Clause 1 Article 66 of the Law
on Actions against administrative violations.
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a) In case the vehicle owner that is a person fails
to cooperate with the competent agency or fails to prove that he/she does not
operate the violating vehicle, the vehicle operator shall be met with penalties
for the found violations;
b) In case the vehicle owner that is an
organization fails to cooperate with the competent agency or fails to identify
the individual operating the violating vehicle, the organization shall be met
with twice the amount of fine imposed on the found violations which shall not
exceed the maximum fine amount unless the vehicle is appropriated or illegally
used.
9. The person entitled to impose penalties may use
information and specifications of the vehicle specified in the latest
certificate of technical and environmental safety (even if it has expired) or
from the database of the vehicle registry as the basis for determining the
violations specified in this Decree.
10. The violations specified in Point b Clause 4
and Clause 7 Article 30 of this Decree shall be only verified through traffic
accident investigations or through vehicle registration.
11. Persons entitled to impose penalties may
utilize information and images recorded by sound and image recording devices
provided by individuals and organizations to verify and detect the violations
specified in this Decree.
Minister of Public Security shall provide
procedures for converting results collected from methods and devices other than
professional methods and devices handed over by individuals and organizations
into evidence to determine administrative violations in road and railway
transport.
12. If a vehicle owner (owner of automobile,
trailer, semi-trailer or heavy-duty vehicle) fails to arrive at the head office
of competent agency to handle the violations before the time limit specified in
administrative offence notice or notice of persons entitled to impose
penalties, the persons entitled to impose penalties shall inform inspection
authority to warn and place the vehicle related to administrative violations
under inspection management program.
When the vehicle arrives for inspection, the
inspection authority shall inform the person operating the vehicle about the
violation, carry out inspection as per the law with the vehicle and issue
certificates and stamps of technical and environmental safety with 15 days of
validity.
After the person committing the violation arriving
at the head office of competent agency to handle the violation as per the law,
the person entitled to impose penalties must promptly inform the inspection
authority to remove the warnings against the vehicle related to administrative
violation on the inspection management program, carry out the inspection and
issue certificate and stamp of technical and environmental safety according to
applicable laws.
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Article 81. Suspension of
licenses, practicing certificates, and rail transport business operation
1. Licenses and practicing certificates related to
road and rail transport to be suspended are:
a) National driving licenses; international driving
licenses issued by governments of member states of Convention of Road Traffic
1968 (except for international driving licenses granted by Vietnam’s
authorities);
b) Certificates of training in road traffic rules;
c) Licenses for transport business;
d) Badges, licenses of cars used for transport
business;
dd) Certificates of technical and environmental
safety and stamps of technical and environmental safety of vehicles;
e) Construction licenses;
g) Certificate of qualified driving test center;
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i) Inspector’s certificates;
k) Train driver’s licenses.
2. The duration of suspension of a license or
practicing certificate or transport business operation as a penalty for a
violation specified in this Decree is the average level of the bracket. The
minimum level shall apply if there is a mitigating factor; the maximum level
shall apply if there is an aggravating factor.
3. Beginning date of the suspension period:
a) The suspension period shall begin on the
effective date of the decision on penalty imposition if the person imposing the
penalty is able to confiscate the violator’s license or practicing certificate
on such day;
b) If the person imposing the penalty is not able
to confiscate the violator’s license or practicing certificate when the
decision on penalty imposition is issued, the person entitled to impose
penalties shall still imposed penalties for the violations. The decision on
penalty imposition must specify the initial date of suspension from license and
practicing certificate to be the date on which the person committing the
violation presents the license and practicing certificate to persons entitled
to impose penalties;
c) When confiscating and returning the license or practicing
certificate as prescribed in Point a and Point b of this Clause, the person
imposing the penalty shall make records and retain documents about the penalty.
4. During the suspension period, if the violator
still keeps doing the activities in the license or practicing certificate, such
violator shall incur a penalty for operating without a license or practicing
certificate.
5. If the remaining validity period of the license
or practicing certificate is shorter than the suspension period, the person imposing
the penalty shall still issues the decision on penalty imposition. During
suspension period, the organization or individual shall not follow procedures
for issuance of new or revised license and practicing certificate.
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a) The period of suspension of an international
driving license issued by the government of a Member State of Convention of
Road Traffic 1968 (except for international driving licenses granted by
Vietnam’s authorities) shall comply with Clause 2 of this Article.
Nevertheless, such period shall not exceed the remaining period of residence in
Vietnam of the person whose international driving license is suspended;
b) Every vehicle operator using an international
driving license issued by the government of a Member State of Convention of
Road Traffic 1968 shall present documents proving the remaining period of
residence in Vietnam (certificate of temporary residence, temporary residence
card) to the person imposing the penalty as the basis for determination of the
suspension period of the international driving license.
Article 82. Impounding
vehicles and papers related to operators and vehicles at fault
1. Pursuant to Clause 2 Article 125 of the Law on Actions
against administrative violations, to immediately stop the violation, the
person entitled to impose penalties is allowed to impound the vehicle for up to
07 days before issuing a decision on penalty imposition for the violations
specified in:
a) Point c Clause 6; Points a and c Clause 8;
Clause 10 Article 5;
b) Points b and c Clause 6; Point c Clause 7;
Points a, b, c, d, e, g, h and i Clause 8, Clause 9 Article 6;
c) Point c Clause 6; Point b Clause 7; Points a and
b Clause 8; Clause 9 Article 7;
d) Point q Clause 1; Point d, Point dd (in case
persons operating the vehicles committing the violations are under 16 years of
age), Point e Clause 3; Points a, c and d Clause 4 Article 8;
dd Clause 9 Article 11;
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g) Clause 2 Article 17;
h) Points b and dd Clause 1; Points c, d, dd and e
Clause 2 Article 19;
i) Clause 1; Points a and c Clause 4; Clause 5;
Clause 6; Clause 7; Clause 8 Article 21;
k) Points dd, g, h and k Clause 5; Point m Clause
7; Points b, e, g, and h Clause 8; Point c Clause 9 Article 30;
l) Point b Clause 6 Article 33.
2. To ensure the implementation of the decision on
penalties, or to verify the facts before issuing the decision on penalties, the
person entitled to impose penalties may impound the vehicles and papers related
to the operator that commits one of the violations in this Decree according to
Clause 6 and Clause 8 Article 125 of the Law on Penalties for administrative
violations. When the papers are impound according to Clause 6 Article 125 of
the Law on Penalties for administrative violations, if the violator fails to
settle the case at a competent agency after the arranged date, and keeps
operating the vehicle, that person shall incur the penalties operating a
vehicle without papers.
3. If a vehicle operator fails to present any, some
or all of the papers (driving license, certificate of vehicle registration and
certificate of technical and environmental safety) as per the law during
inspection:
a) Competent individual shall prepare
administrative offence notice against the vehicle operator for papers that
he/she lacks and prepare administrative offence notice against vehicle owner
for respective violations specified in Article 30 of this Decree and impound
the vehicle as per the law;
b) During the time limit for handling the violation
specified in the administrative offence notice, if the violator presents the
papers as per the law, the competent individual shall impose penalties for
failure to carry proper papers on the vehicle operator (without imposing
penalties on the vehicle owner);
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4. When the vehicle is impounded as prescribed in
Clause 1 and Clause 2 of this Article, the vehicle owner shall incur the costs
(if any) of using another vehicle to transport the passengers and goods on the
impounded vehicle.
Article 83. Using information
from technological devices provided by organizations responsible for road/rail
infrastructure operation as the basis for imposition of penalties for road/rail
transport offences
1. The person entitled to impose penalties
specified in Article 75, Article 76 and Article 77 of this Decree may use
information from vehicle weighing devices, tachometers capable of video
recording, video and audio recorders provided by organizations responsible for
road/rail infrastructure operation as the basis for imposition of penalties for
road/rail transport offences.
2. The devices mentioned in Clause 1 of this
Article must be inspected, calibrated, and tested in accordance with law before
being put into use; fulfillment of technical regulations and standards shall be
maintained throughout the intervals between two inspections.
3. The use of such devices shall comply with Clause
2 Article 64 of the Law on Actions against administrative violations.
4. The person using the technological device must:
a) Be an employee of the organization responsible
for road/rail infrastructure operation;
b) Grasp the method for management and use of such
device;
c) Be trained in using and maintaining the device
and relevant regulations of law on penalties for administrative violations;
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5. The Minister of Public Security and the Minister
of Transport shall ex officio promulgate legislative documents on procedures
for using technological devices; disseminate regulations of law; provide
training; carry out inspections and take actions against regulations on
management and use of the technological devices specified in Clause 1 of this
Article.
Chapter V
IMPLEMENTATION
Article 84. Entry into force
1. This Decree comes into force from January 01,
2020.
2. This Decree replaces Decree No. 46/2016/ND-CP
dated May 26, 2016 of Government on administrative penalties for road traffic
offences and rail transport offences.
Article 85. Transition clauses
The road traffic offences and rail transport
offences committed before this Decree takes effect and discovered afterwards,
the regulations that are advantageous to the organizations and individuals at
fault shall apply.
Article 86. Responsibility for
implementation
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PP. GOVERNMENT
PRIME MINISTER
Nguyen Xuan Phuc