Decree No. 36/2001/ND-CP of July 10, 2001, on ensuring land-road traffic order and safety and urban traffic order and safety.

• Official number: 36/2001/ND-CP
• Legislation Type: Decree of Government
• Organization: The Government
• Signer: Phan Van Khai
• Issued Date: 10/07/2001

THE GOVERNMENT -----	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness --------------
No: 36/2001/ND-CP	Hanoi, July 10, 2001

DECREE

ON ENSURING LAND-ROAD TRAFFIC ORDER AND SAFETY AND URBAN TRAFFIC ORDER AND SAFETY

THE GOVERNMENT

Pursuant to the September 30, 1992 Law on Organization of the Government;
At the proposal of the Minister of Communications and Transport,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1.- To promulgate, together with this Decree, the Regulation on Land-Road Traffic Order and Safety and Urban Traffic Order and Safety; to define the tasks and powers of the ministries, branches and the People’s Committees of the provinces and centrally-run cities in ensuring land-road and urban traffic order and safety.

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All foreign organizations and individuals working and/or residing on the Vietnamese territory shall have to scrupulously observe all regulations on land-road and urban traffic order and safety.

Article 3.- Vietnam Fatherland Front and its member organizations shall, within the scope of their tasks and powers, have to participate, educate and encourage people in, and supervise, the observance of the regulations on land-road and urban traffic order and safety.

Article 4.-

1. All acts of violating the land-road and urban traffic order and safety must be handled strictly, against the right persons, on the right counts and in accordance with law. Upon the handling of violations, the offenders faults must be based on, regardless of whether they are pedestrians or operators of rudimentary or motorized means. The principle that everybody is equal before law shall apply. With regard to means joining in traffic with hired drivers being behind the wheel, the responsibility of the drivers and the means owners should be made clear.

2. Those who take advantage of accidents to incite, pressure or obstruct the handling thereof shall also be handled according to law.

3. Those who perform the official duties regarding land-road and urban traffic order and safety such as patrol and supervision, handling of violations, granting of driving licenses, technical safety inspection, means registration, but fail to fulfil their duties, harass for bribes or cause troubles, shall be severely handled according to law.

Chapter II

STATE MANAGEMENT OF LAND-ROAD TRAFFIC ORDER AND SAFETY AND URBAN TRAFFIC ORDER AND SAFETY

Article 5.- The tasks, responsibilities and powers of the Ministry of Communications and Transport

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2. Defining the technical norms for, organizing the inspection and control of the technical quality of, overland motorized transport means, and periodically issuing certificates of technical safety inspection and environmental protection.

3. Defining the conditions, standards and procedure for granting operating permits to establishments engaged in periodical technical inspection of land-road transport means.

4. Managing the training of drivers and the granting of driving licenses to operators of land-road motorized means.

5. Organizing, directing and checking the system of land-road traffic inspectorates nationwide. Handling administrative violations according to competence against the violations of land-road and urban traffic order and safety.

6. Coordinating with the Ministry of Public Security in monitoring and analyzing the causes of traffic accidents in order to work out effective measures to prevent accidents.

7. Assuming the prime responsibility and coordinating with the concerned ministries in compiling materials and documents on traffic rules for popularization to all subjects in the society.

8. Assuming the prime responsibility and coordinating with the Ministry of Public Security in putting up road signs and traffic lights, marking traffic flows and lanes, zebra crossings, no-stop, no-parking, stop and parking signs on land roads and thoroughfares.

9. Coordinating with the Ministry of Industry in directing the protection of the power grid safety as well as the safety of minerals exploiting and processing activities in areas where exist traffic works.

Article 6.- Tasks and powers of the Ministry of Public Security

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2. Organizing the inspection, supervision and handling of violations of land-road and urban traffic order and safety.

3. Coordinating with the concerned ministries and branches in drafting documents and propagating, disseminating and guiding the legislation on traffic order and safety.

4. Organizing, directing and controlling traffic in urban centers and vital traffic junctions; in case of emergency, the Ministry shall be allowed to mark traffic flows and lanes and prescribe temporary places of no-parking and no-stop.

5. Organizing investigation and handling of traffic accidents. Assuming the prime responsibility and coordinating with the Ministry of Communications and Transport in statistically recording, monitoring, analyzing and making conclusions on the causes of, traffic accidents, suggesting and organizing the implementation of measures to prevent traffic accidents.

6. Defining the technical norms and issuing permits for the transport of toxic and inflammable or explosive substances.

7. Organizing the inspection of task performance by the police forces engaged in the work of ensuring land-road and urban traffic order and safety.

8. Contributing comments on traffic safety to projects for construction or upgrading of national highways according to competence.

Article 7.- The tasks and powers of the Ministry of Defense

1. Organizing the inspection, registration and management of the motorized road traffic means and operators thereof under the Ministry of Defense (except those means used for economic activities, which are registered and granted number plates by the Ministry of Public Security).

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Article 8.- Tasks and powers of the Ministry of Finance

1. Assuming the prime responsibility and coordinating with the Ministry of Public Security, the Ministry of Communications and Transport and the concerned ministries and branches in guiding and organizing the collection of fines for administrative violations. Issuing and managing uniform receipts and vouchers for collection of fines imposed on administrative violations according to law provisions on sanctions against administrative violations.

2. Ensuring funding for the work of ensuring traffic order and safety at the request of the Ministry of Communications and Transport, the Ministry of Public Security and the People�s Committees of the provinces and centrally-run cities when drafting the annual budget estimates.

3. Guiding the management and use of fines. All amounts collected from sanctions against administrative violations of traffic order and safety shall be used for the work of ensuring traffic order and safety according to the approved plans.

4. Organizing the inspection and control of the management and use of the collected fine amounts strictly according to regulations.

Article 9.- Tasks and powers of the Ministry of Trade

1. Closely coordinating with the Ministry of Communications and Transport, the Ministry of Industry in managing the import of transport means in terms of their quantity and categories to be imported on the basis of the set technical standards and the present state of roads and bridges.

2. Issuing regulations on the import and circulation of lead petrol.

Article 10.- Tasks and powers of the Ministry of Culture and Information

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Article 11.- Tasks and powers of the mass media

The mass media at the central and local levels must have special columns or programs propagating for traffic order and safety free of charge.

Article 12.- Tasks and powers of the Ministry of Education and Training

1. Assuming the prime responsibility and coordinating with the Ministry of Communications and Transport and the Ministry of Public Security in compiling text-books on traffic safety regulations for inclusion in the curricula of all schools from kindergartens to universities, and books on knowledge about traffic safety regulations.

2. Coordinating with the Ministry of Communications and Transport in managing programs on drivers training.

3. Coordinating with the Ministry of Public Security, the concerned agencies and People�s Committees at various levels in severely handling pupils and/or students who deliberately breach the regulations on traffic order and safety by such acts as taking part in illegal motor race, using motorbikes and/or mopeds in contravention of regulations.

Article 13.- Tasks and powers of the Ministry of Construction

1. Guiding the elaboration and approval of projects on planning and building of urban centers, residential quarters with enough grounds necessary for traffic works and other support works in order to ensure urban traffic order and safety.

2. Guiding the granting of permits for the construction of residential quarters, hotels, shopping malls, office buildings and other public facilities with space reserved for vehicle parking as required by each project; it is strictly forbidden to use road beds and/or pavements for vehicle parking.

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1. Directing and taking all necessary measures to establish traffic order and safety in their respective localities.

2. Clearing the road beds and/or pavements, which have been illegally occupied so as to ensure that the pavements are reserved for pedestrians and the roadbeds are only reserved for means joining in traffic. Specifying the use of the inward part of pavements on a number of special streets for goods sale but without affecting traffic order and safety.

3. Joining the Ministry of Communications and Transport in working out urgent plans for road construction and expansion at the bottlenecks where traffic congestion often occurs.

4. Directing the subordinate People�s Committees to work out plans on arrangement of market and trading places convenient for people but absolutely not in violation of traffic order and safety.

5. It is strictly forbidden to lease out street pavements and/or roadbeds for trading activities in any form.

Chapter III

IMPLEMENTATION PROVISIONS

Article 15.- This Decree shall take effect 15 days after its signing and replace the Government’s Decree No. 36/CP of May 29, 1995 of and Decree No. 75/1998/ND-CP of September 26, 1998 on ensuring land-road traffic order and safety and urban traffic order and safety.

Article 16.- The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government and the presidents of the People’s Committees of the provinces and centrally-run cities shall have to guide and organize the implementation of this Decree.

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ON BEHALF OF THE GOVERNMENT
PRIME MINISTER




Phan Van Khai

REGULATION

ON LAND-ROAD TRAFFIC ORDER AND SAFETY AND URBAN TRAFFIC ORDER AND SAFETY
(Promulgated together with the Government’s Decree No. 36/2001/ND-CP of July 10, 2001)

Chapter I

GENERAL PROVISIONS

Article 1.-

1. This Regulation prescribes land-road and urban traffic order and safety, aiming to ensure safety for the people, means and properties of the State and people.

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3. People and means joining in traffic must strictly observe the provisions of this Regulation.

4. Means operators and means owners shall be held responsible before law for the means joining in traffic.

Article 2.- Terms used in this Regulation shall be construed as follows:

1. People joining in traffic are persons who operate and use communications means of various kinds; persons who guide, lead or ride animals; and persons doing other jobs on land roads and/or thoroughfares.

2. Means joining in traffic are motorized vehicles, rudimentary vehicles and special-use equipment circulating on land roads and/or thoroughfares.

3. Land-road traffic works include roads, bridges, sluices, tunnels, pavements, thoroughfares, ferries, car terminals, sewerage systems, road marker posts, road signs, car stops, car parks and other support facilities.

4. Populated areas mean cities, provincial capitals, district capitals, provincial towns, district towns, villages, streets and other residential quarters where roads run through.

5. Motorbikes are motorized two-wheelers or three-wheelers which move with motors.

6. Mopeds are motorized two-wheelers which run with motors or pedals when the engine stops.

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8. Rudimentary vehicles are non-motorized vehicles such as bicycles, cyclos, animal-drawn carts and the like.

9. System of road signs includes the commands of traffic conductors, traffic lights, signs, road painted lines, road marker posts or protection walls, barricades.

10. Road traffic junctions are places where roads crosscut each other on the same plane.

11. Traffic junctions with roundabouts are road traffic junctions where exist signs indicating that means in traffic wishing to change direction must run as instructed.

12. The base length of a vehicle is the distance from the center of the front axis to the center of hind axis of the vehicle.

Article 3.- When traffic accidents occur, the following stipulations must be observed:

1. The scenes are kept intact and all traces must be protected. The injured person(s) must be taken away for timely emergency treatment.

2. Persons present at the places where the accidents occur are obliged to assist and give first aid to the injured persons and seek ways to report them to State agencies or the nearest local authorities and have the responsibility to supply accurate information on the accidents to the traffic police for handling according to law.

3. Other means operators, when passing by the places of accidents, are obliged to carry the injured persons to the nearest emergency stations. The priority vehicles are not obligatory to carry injured persons to emergency stations.

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5. Persons directly involved in accidents must be present at the scenes when the authorities make the written records thereof.

6. Those who shun the obligation to rescue the victims shall be handled according to the current legislation.

7. The People’s Committees of the localities where the accidents occur shall have to organize the rescue, treatment and assistance of the victims, the protection of scenes of accidents and promptly report them to the traffic police so that the latter may come, make written records thereof and handle the consequences. Where the victims get dead and after the police offices have completed all procedures as prescribed by law and agreed on the burial thereof, the local People’s Committees shall have to organize the burial of the victims.

Chapter II

LAND-ROAD AND URBAN TRAFFIC WORKS

Article 4.- Units managing land road traffic works shall have to ensure the technical safety and technical standards of the works, put up all the systems of marker posts, signs, instructions relating to ensuring the traffic safety. When detecting damage caused to road traffic works, which may threaten the traffic safety, they must take measures to promptly handle it, to guide traffic and prevent accidents and have to take responsibility for the traffic accidents if they occur because the works quality fails to satisfy the technical safety standards.

Article 5.- On dangerous passes, at accident-prone road sections and frequently flooded road sections, the road- managing units shall apply special measures to ensure traffic safety. During the rainy, storm and flood seasons, they must organize traffic guidance or suspend traffic in time according to the regulations of the Ministry of Communications and Transport.

Article 6.-

1. When persons joining in traffic discover that road traffic works show signs of failing to ensure traffic safety, they are obliged to put up temporary signs and seek ways to report such to the road-managing units or the nearest State bodies; upon receiving the reports, the State bodies shall have to immediately notify the road-managing units thereof for timely remedy.

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Article 7.-

1. All acts of damaging, altering, removing or covering road signs or restricting the visibility thus affecting the traffic safety are strictly forbidden.

2. The planting of trees along roadsides, on median strips and street pavements must comply with the stipulations, without limiting the visibility and/or covering road signs. Trees planted on road protection corridor land must be short-term and low-trunk trees. The Ministry of Communications and Transport shall coordinate with the Ministry of Agriculture and Rural Development in prescribing in detail the tree planting along roads and streets.

Article 8.-

1. Units constructing assorted works on roads, within the road protection corridors must obtain permits from the road traffic control units and report it to the units directly managing road works.

2. The construction units may start building road works only after they have applied measures to ensure traffic safety.

Article 9.-

1. Where the construction is conducted on roads being under exploitation and if traffic must be suspended, the construction units shall have to build detours in order to ensure smooth and safe traffic.

2. At sections where exist no detours, the construction shall be carried out only on one side of the road while the other side is left for vehicles and people to travel in safety.

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4. At narrow road sections, these units must do their work while maintaining traffic for vehicles; or at both bridge heads, sluices or tunnels being under construction, they must arrange people to guide and control traffic in order to ensure safe and smooth traffic.

Article 10.-

1. At both ends of a road section where traffic is suspended, the construction units must put up all signs as prescribed by the road signs regulation, must place barricades and put on red lights at night.

2. Where workers are working on road surfaces, works are left unfinished or obstacles are left on road surface, which may cause accidents to vehicles and people, the construction units must put up signs and mobile road markers. When the construction is completed and there exists no more danger for vehicles and people passing by, they must remove all signs, barricades to ensure smooth traffic for vehicles and people; and must immediately report it to the road- managing agencies so that the latter shall come and inspect and approve the traffic clearance.

Article 11.-

1. Special-use vehicles and machines, which are used for construction work on roads, must satisfy the technical safety standards when being in operation and moving to other construction sites, must have their number plates registered and go through periodical technical inspection as provided for by the Ministry of Communications and Transport.

2. Those workers carrying out the maintenance work on road surfaces must wear labor protection clothes with typical colors as stipulated by the Ministry of Communications and Transport.

Article 12.- Construction vehicles, machines, materials, earth and rock must be left within the construction sites; materials, earth and rock must not be left scattered and in disorder on road surfaces, causing danger to people and means joining in traffic. Where roads are narrow, which do not permit two vehicles to cross each other in opposite direction, it is forbidden to leave materials on such roads.

Chapter III

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Article 13.- Vehicle of various kinds joining in traffic must satisfy the following technical safety conditions:

1. For motorized vehicles (including trailers).

a) Having enough effective brake systems (foot and hand) as prescribed.

b) Having enough headlights (near and far), number plate lights, brake lights, signal lights of various kinds according to the prescribed standards.

c) Having enough horns with standard volume.

d) Having silencer device, exhaust pipe according to the prescribed standards.

e) Ensuring the visibility for operators. The windscreens must be transparent, having rearview mirror, windscreen wipers.

f) Having the effective steering wheel.

g) Having tire wheels of proper sizes, technical standards and air pressure prescribed for each type of vehicle.

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2. For rudimentary vehicles

a) Being of proper sizes, specifications, models, materials and structures according to the approved designs.

b) Having effective brake system. All brakes applied against road surface are banned.

c) Having durable and effective handles for driving.

3. The Ministry of Communications and Transport shall specify the technical safety standards and the use duration for each type of vehicle.

Article 14.-

1. Motorized means joining in traffic on roads, streets must be registered and fitted with national number plates as stipulated by the State management bodies.

Motorized vehicle owners bear responsibility before law for the validity and legality of papers on the ownership of the vehicles for which they apply for the registration and granting of number plates.

2. The Ministry of Public Security shall specify the registration, the granting of number plates, the production of number plates for motorized vehicles.

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Article 15.-

1. The manufacture and assembly of land-road traffic means must strictly comply with designs approved by competent bodies of the Ministry of Communications and Transport and comply with the product quality inspection process.

2. Motorized vehicle-producing, manufacturing or assembling establishments may operate only after satisfying all conditions prescribed by law.

Article 16.-

1. When wishing to change the purpose of the use of their motorized vehicles, change their structures and/or replace their main components with different brand-names and different technical parameters as compared to the original vehicles, the owners must strictly comply with the technical, designing and manufacturing standards issued by the Ministry of Communications and Transport.

2. The motorized vehicle-transforming, modifying establishments may operate only after satisfying all conditions prescribed by law.

Article 17.-

1. Motorized vehicles joining in land-road and urban traffic must strictly observe the regime of periodical technical maintenance, regular repair and periodical technical inspection as provided for by the Ministry of Communications and Transport.

2. Between two inspections, the motorized vehicle owners and drivers must ensure that their vehicles fully meet the technical standards for operation on roads and must take responsibility for the accidents which occur due to the vehicles poor technical standards.

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4. All acts of hiring, leasing components, accessories and spare parts to temporarily ensure the required technical standards of motorized vehicles for technical inspection are strictly forbidden.

Article 18.-

1. The establishments conducting technical inspection of motorized vehicles must be fully qualified to be granted practicing licenses by competent bodies of the Ministry of Communications and Transport, must conduct the technical inspection according to process and standards set by the Ministry of Communications and Transport, may collect vehicle inspection charges according to the State’s regulations and bear responsibility for the reliability of the equipment and the accuracy of the inspection results.

2. The heads of motorized vehicle inspection establishments and officials directly performing the technical inspection shall bear responsibility before law for the inspection results.

Article 19.-

1. Caterpillar vehicles, oversized vehicles and overloaded vehicles, when operating on roads for public traffic, must be given special circulation permits by specialized State management bodies and must strictly observe the time limits, routes and other regulations inscribed in the permits.

2. Owners and drivers of caterpillars, overloaded vehicles or oversized vehicles shall be subject to the control of the load and limited size of the load by road-managing bodies and bear the costs of consolidation and protection of land-road traffic works as prescribed.

3. Where a vehicle is detected as being overloaded and/or oversized according to regulations, the driver thereof shall have to reduce the load, reload the goods, preserve the unloaded goods and pay fines as stipulated before continuing the journey.

4. The transshipment of goods or other tricks to evade the detection of vehicles overload and/or oversize are strictly forbidden.

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1. All vehicles are forbidden to carry goods and/or people (passengers, luggage) in excess of the tonnage permitted by competent bodies.

2. All vehicles are strictly forbidden to load cargo beyond the frame limit permitted for each type of vehicle as provided for in Articles 26, 60 and 61 of this Regulation.

Article 21.-

1. Vehicles carrying toxic, inflammable or explosive goods or other dangerous substances must be permitted by competent State bodies for the transport thereof on roads, streets and must bear specific badges or signs for easy recognition by everyone, and must strictly observe the regulations on safety against toxic, inflammable and explosive substances.

2. Vehicles carrying toxic, inflammable and/or explosive goods or other dangerous substances must strictly abide by the instructions inscribed in the permits and must not stop or park in crowded places.

3. It is strictly forbidden to carry together with passengers on passenger cars toxic, explosive and/or inflammable substances, other dangerous substances, stinking animals and things or substances which affect the health of passengers.

Article 22.-

1. The light, horn or banner signals of priority vehicles being on urgent tasks are prescribed as follows:

a) The fire engines performing their tasks: the roof-fitted lamps rotating and emitting red light and honking continuously.

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c) Police vehicles performing urgent tasks: the roof-fitted lamps emitting blue and red lights, the police banner fitted at the vehicle head to the left of the driver.

d) Ambulances carrying emergency patients or being on the way to pick up emergency patients: The roof-fitted lamp rotating and emitting red light, the red cross sign painted on the vehicle sides, honking continuously.

e) Vehicles clearing ways for urgent traffic: Badge fitted at the vehicle head, traffic banner fixed at the vehicle head to the right of the driver.

f) Dyke inspection vehicles, dyke maintenance vehicles performing urgent tasks: There must be the permits granted by the Ministry of Agriculture and Rural Development, stuck to the vehicle head.

2. Vehicles being on emergency tasks (rescuing victims of accidents, coping with dangers, ambulance, fire fighting, dyke break rescue), police vehicles, army vehicles, traffic vehicles being on urgent duties must bear specific badges, signs and must release signals continuously on their way.

3. All people and means joining in road traffic, upon receiving signals of the vehicles prescribed in Clause 1 of this Article, must quickly give way. If their failure to give way causes any delay in the performance of urgent tasks or traffic accidents, the pedestrians or drivers who fail to give way must bear responsibility before law therefor.

4. All motorized vehicles other than the priority vehicles are forbidden to use the priority horn and/or lights prescribed in Clause 1 of this Article.

Article 23.- Vehicles engaged in transport business activities of all economic sectors, including army and police vehicles, must strictly comply with the current stipulations on transport business conditions.

Article 24.- Regulations on passenger transport business

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2. The opening of car terminals and/or stops must be decided by the People’s Committees of provinces or centrally-run cities.

3. Vehicles must not carry passengers, luggage and goods in excess of the permitted tonnage.

4. Cargoes and luggage must not be loaded beyond the outer limits of passenger cars.

5. Vehicles are forbidden to carry people on their roofs and trunks.

6. Vehicles may move only when the passengers aboard have been on their seats and the doors have been firmly closed. People (including crew members) must not be allowed to stand or sit on door steps, to put their heads or hands out of car windows.

7. It is forbidden to open doors or leave anything beyond the car sides when the cars are running.

8. Motorbikes, mopeds and the drivers thereof may each carry only one adult and one under-7- year-old child carried by the adult or sitting on a separate seat; when carrying patients for emergency treatment or escorting criminals, they may each carry two adults, but must ensure safety.

Article 25.- Trucks are forbidden to carry people except the following cases:

1. In necessary cases already permitted by the provincial/municipal Communications and Transport (or Communications and Public Works) Services.

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3. Trucks carrying accident victims for emergency treatment, trucks in service of combat against natural calamities, enemy sabotage.

Article 26.-

1. Goods on motorized vehicles must be neatly arranged, firmly tied up, must not be let dropping on roads, dragging on roads and must not obstruct the driving of vehicles. Goods must not be arranged beyond the width of the vehicle trunks or beyond both sides of vehicle trunk for more than 10% of the total length of the vehicle.

Motorbikes, mopeds and bicycles must not be loaded with goods, luggage in excess of the width of the luggage pillion for 0.30 meter to each side, in excess of the height of 2 meters from the ground, in excess of the length of 0.50 meter from behind the luggage pillion; compressed gas cylinders, gas cylinders, when carried on motorbikes, mopeds or bicycles, must be firmly tied up and safety must be ensured.

2. The Ministry of Communications and Transport shall prescribe the goods loading height limit for each type of vehicle.

Chapter IV

PEOPLE JOINING IN TRAFFIC

Article 27.-

1. Everyone shall have the responsibility and obligation to keep the roads clean and ensure traffic safety on roads.

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3. It is forbidden to pour lubricant oils and/or mud on road surface, causing danger to passing people and vehicles. When letting lubricant oils or mud pour on road surface, the persons concerned must promptly handle the case to ensure traffic safety.

4. Vehicles carrying garbage or construction materials are forbidden to drop them on roads.

5. It is strictly forbidden to place, scatter pikestaffs or other sharp and pointed objects on traffic roads.

Article 28.-

1. Drivers of rudimentary vehicles must understand the regulations on land road traffic order and safety and urban traffic order and safety. Individuals and organizations that use rudimentary vehicles (ox, buffalo or horse carts, cyclos) for transport business activities must strictly comply with the stipulations of competent State management bodies.

2. Drivers of motorbikes, mopeds with engine capacity of over 50 cm3 and motorized vehicles of other types must have the driving licenses according to the current stipulations.

3. Drivers of and persons sitting on, motorbikes and mopeds must wear safety helmets while travelling on routes where safety helmets must be worn.

4. Persons of under 16 years of age must not drive motorized vehicles.

Article 29.- People are strictly forbidden to drive vehicles of all types in the following cases:

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2. Drivers operating vehicles on roads are found to have more than 80 mg of alcohol, liquor or beer in 100 ml of their blood or 40 mg thereof in 1 liter of their breath or other stimulants.

3. They do not fully have the following papers:

a) The vehicle registration certificate.

b) The driving license for the type of vehicle they are driving.

c) The certificate of technical safety and environmental protection (if it is so required for such type of vehicle).

Article 30.- In cases where driving licenses are lost or damaged with enough evidences that they are lost or damaged, neither withdrawn nor temporarily seized, the drivers shall be considered and granted new driving licenses.

Article 31.-

1. The Ministry of Communications and Transport shall only grant operation permits for drivers- training establishments which fully meet the technical safety conditions and have the contingents of teachers as provided for.

2. The organization of driving tests, the granting or change of driving licenses shall be effected in a uniform way throughout the country according to the regulations of the Ministry of Communications and Transport.

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LAND-ROAD TRAFFIC RULES

Article 32.- When driving vehicles, the drivers must strictly abide by the following regulations:

1. The drivers and the persons sitting on the seats on the same front row with the drivers must tie safety belts if such vehicles are designed and equipped with safety belts.

2. Before driving, turning, stopping or parking their vehicles, the drivers must signal in time with horn, light or hand to other vehicles and people on roads, ensure safety for people and goods aboard their vehicles.

3. The drivers must always pay attention to the conditions of road surface, traffic signs, traffic density and obstacles on roads in order to control speeds suitable to their vehicles conditions (brake, the weight of vehicle, people or goods aboard the vehicles) to guard against all dangers that may happen.

4. All types of vehicle (motorized or non-motorized) running on traffic roads must keep to the right side of the road prescribed for them.

If a road is divided into different motor lanes, all types of vehicle must strictly keep on the lanes prescribed for them.

Article 33.- Drivers must speed down to the non-dangerous level in the following cases:

1. When there is a speed limit sign or an obstacle on roads.

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3. When they cross intersections, railways, travel on winding roads, bumpy, slippery or sandy and dusty road sections.

4. When they pass narrow bridges, sluice gates, when they nearly reach the slope top or when they descend slopes.

5. When they pass schools, crowed places, populated areas with houses near roads.

6. When they overtake groups of pedestrians, parking vehicle convoys, animals moving on or near roads.

7. When they cross other vehicles running from the opposite direction or when they have let vehicles behind to overtake.

8. When they approach tram stations, bus stops where passengers are embarking and disembarking.

9. When they confront overloaded vehicles, oversized vehicles running in the opposite direction on roads without median strips dividing the traffic directions.

10. When they change the direction of their vehicles.

Article 34.- Drivers must observe the following speed limits:

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a) They must follow the indications on speed limit signs.

b) In cities, provincial capitals, district capitals (when there are not speed limit signs) they must not drive their vehicles beyond the following speeds:

- For cars and taxi of up to 9 seats: 50km/h.

- For motorized two- or three-wheelers, trucks of under 3.5 tons: 40km/h.

- Trucks of 3.5 tons or more, passenger cars of 10 seats or more: 35 km/h.

- Motorized cyclos, mopeds: 30km/h.

- Overloaded or oversized vehicles, vehicles with trailers or vehicles towing broken-down vehicles: 20km/h.

c) Outside the populated areas, when there are no speed limit signs, they must not drive vehicles beyond the following speeds (except for expressways, high-grade roads reserved for motorized vehicles):

- Cars and taxi of up to 9 seats: 80km/h.

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- Trucks of 3.5 tons or more, passenger cars of 10 seats or more, vehicles carrying overlong commodities, vehicles with trailers or vehicles towing broken-down vehicles: 50km/h.

- Mopeds: 40km/h.

- Motorized cyclos: 30km/h.

d) The maximum speeds of caterpillars, oversized or overloaded vehicles shall be stipulated by the Ministry of Communications and Transport.

2. The minimum speeds

When travelling on roads with "minimum speed" signs, the drivers must not drive their vehicles at speeds lower than the prescribed minimum speeds.

Article 35.-

1. When wishing to make turns, the vehicle drivers shall have to:

a) Speed down, signal the turn direction, gradually move to planned turn direction and may only turn when seeing no obstacles or causing no danger to people and other means;

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2. In populated areas, the drivers can make U-turns at crossroads and places where there are signs permitting U-turns.

3. U-turns are prohibited in the following cases:

a) On the road sections reserved for pedestrians crossings;

b) On bridges, under flyovers, in tunnels or in areas where railways cross;

c) In places where there are signs banning U-turns.

Article 36.- When reversing their vehicles, the drivers shall have to:

1. Watch the rear and can reverse the vehicles only when seeing no danger.

Release necessary signals (horn, light) to let people behind know.

2. The vehicle reversal is prohibited in the following cases:

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b) Within the areas where roads cross each other or railways cross roads;

c) At places where the drivers view is obstructed;

d) On bridges, under flyovers, on ditch banks, on loose road sides.

Article 37.-

1. Vehicles can overtake the front vehicles when:

a) There is no obstacle in front.

b) No vehicle runs from the opposite direction.

c) The front vehicle gives no signals to overtake another vehicles.

d) The drivers must signal with horn or light when asking to overtake the front vehicles. When the front vehicles move to the right side and signal to permit the pass, the drivers of the behind vehicles can pass to the left of the front vehicles.

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a) Drive his/her vehicle to his/her right side, speed down and give signals permitting the vehicle behind to overtake. If there is any obstacle in front or the safety conditions do not permit the overtaking, he/she must give signal to let the vehicle behind know.

b) Refrain from obstructing the vehicle which asks to overtake.

3. Drivers may overtake the front running vehicles on the latter�s right side in the following cases:

a) When such vehicles are turning left or signal to turn left.

b) There are on a road two or more lanes for traffic in each direction.

c) When trams run in the middle of the roadbed with an electric wire system.

d) When specialized vehicles are conducting construction activities in the middle of the roadbed.

4. Vehicles are banned from overtaking each other in the following cases:

a) There is sign banning the overtaking.

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c) Under flyovers, detours, slope tops and at places where the visibility is restricted.

d) When there is a vehicle running from the opposite direction.

e) When the front vehicle is signaling to overtake another vehicle.

f) When the weather or road conditions do not ensure safety.

g) At railway crossings, at crossroads.

h) When meeting with a marching military convoy with a red banner at its end or a motorcade with police escort.

i) When passengers are embarking or disembarking trams or buses.

Article 38.- When two vehicles cross each other in opposite direction, both drivers must steer their vehicles to their right side.

At a narrow road section, they must speed down; if necessary, one vehicle must stop to let the other vehicle to pass.

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The slope- descending vehicles must give way to slope-climbing vehicles.

At night, motorized vehicles run in opposite direction must switch from far headlights to near headlights and in populated areas can use only the near headlights.

Article 39.-

1. When wishing to stop or park their vehicles, the drivers must promptly give the signal to stop or to park close to the right road side or pavement, with the nearest wheels of their vehicles being not more than 0.25 meter from the road side or pavement and without causing obstacles or danger to traffic.

2. At places where there is "no-parking" sign, the drivers may stop as provided for in Clause 1 of this Article but must hold on to the steering wheels and must not turn off the engine.

3. The provincial/municipal People’s Committees shall stipulate the ban or restriction on vehicle stop or parking on necessary road sections within the administrative boundaries of their respective provinces or cities.

4. Trucks wishing to stop or park in no-stop or no-parking areas to load and/or unload goods must obtain permits from the police offices.

5. When parking their vehicles, the drivers must carefully watch the front and the rear before opening the doors in order not to cause danger to people and other vehicles.

6. When parking their vehicles, the drivers must apply measures to ensure safety for vehicles before leaving their vehicles.

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a) On the left side of the one-way road.

b) When the road surface is large enough for only one motor lane.

c) Near road signs, thus likely to cover such signs.

d) On winding road sections and near slope tops if the drivers view from both sides is blocked within 50 meters.

e) On the road sections reserved for pedestrians crossings.

f) On railways and less than 10 meters from the railway barriers or less than 20 meters from the outmost rail for places where there are no barriers (except for cases where they have to stop or park while waiting for a train to pass).

g) Within 5 meters from the entrance to public offices, enterprises and within 15 meters from crossroads.

h) On parking lots marked on the road surface for buses.

i) On the lids of sewers, the lids of telephone cable, high voltage cable trenches, at fire-pipes.

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k) In parallel with another stopping or parking vehicle, on narrow streets where a driver must stop or park his/her vehicle at least 20 meter from a vehicle on the other side of the road.

l) In cases where vehicles must stop or park at the above- mentioned no-stop or no-parking places to perform official duties, the permits issued by competent bodies are required.

8. When motorized vehicles stop (the engines are still in operation), the drivers must not leave their vehicles.

9. When vehicles break down or drop goods on roads, thus affecting traffic, the drivers must seek measures to steer their vehicles close to the right road side and immediately remove the dropped goods.

Article 40.- When moving close to crossroads, the drivers must speed down and signal other vehicles to give way to vehicles from the right, except for the following cases:

1. When reaching crossroads with roundabouts, the priority right is given to vehicles on the left.

2. When seeing "stop" signs, the drivers must stop their vehicles on the right side of the roads in front of the "stop" line or in front of the painted line or the first nail row of the road section reserved for pedestrians, and must not stop on the painted lines reserved for pedestrians crossings.

3. At the crossroads between a priority road and a non-priority road or between a main road and a secondary road, the priority right is given to vehicles running on the priority roads and the main roads from any direction.

4. The priority motorized vehicles (prescribed in Article 42 below) shall be given priority when crossing crossroads no matter which direction they are coming from.

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1. At places where railways crosscut roads, the priority right is given to transport means running on the railways.

2. At places where railways crosscut roads with barriers, when the red light is on or the barriers are closed, all traffic means, including the priority vehicles, must stop to the right of the road and at least 3 meters from the barriers.

3. At places where railways crosscut roads without barriers, operators of traffic means shall have to watch for themselves; if they see a train approaching the crossroad, they must stop to the right of the road at least 5 meters from the outmost rail.

Article 42.-

1. The priority right of a number of vehicles joining in traffic is prescribed as follows:

a) Fire engines which go to places where fires break out to perform their tasks;

b) Military vehicles, police vehicles, which go to perform urgent tasks;

c) Ambulances carrying emergency patients or going to pick up emergency patients;

d) Dyke control vehicles, vehicles performing urgent tasks of combating floods and storms;

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f) Vehicles keeping traffic clear;

g) Funeral convoy.

2. Those vehicles prescribed at Points a, b, c, d and e of Clause 1 of this Article, when performing urgent tasks, shall not be obliged to limit their speeds, allowed to enter one-way roads in the opposite direction, to pass even when the red light is on and to enter any passable roads to cope with the situation, but they must release specific signals as prescribed in Clause 1, Article 22 of this Decree.

Article 43.-

1. On public traffic roads, when vehicles run in organized convoys, each convoy must not be longer than 250m in single line; if there are many convoys, the minimum distance between two convoys shall be 100m and the minimum distance between two vehicles shall be 20m (this shall not apply to the police-led motorcades).

2. Rudimentary vehicles pulled or pushed by people or drawn by animals, when traveling in convoys, must be split up in groups, each group consists of no more than 4 vehicles, the distance between two groups shall be 25m in single line and the distance between two vehicles shall be at least 5m.

3. All vehicles are prohibited to crosscut a convoy, a funeral procession or an organized group of people in march.

Article 44.-

1. When reaching ferries, pontoon bridges, suspension bridges, all vehicles must line up orderly at the prescribed places, not obstructing traffic.

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3. The motorized vehicles must get onto the ferry boats first, then the passengers and the motorized vehicles can land only after all passengers have landed (except for ferry boats where passengers are arranged in seats separate from vehicles).

4. The priority vehicles shall cross ferries, pontoon bridges and suspension bridges before other vehicles according to the following order:

a) Vehicles specified in Clause 1 of Article 42 of this Decree;

b) Mail vehicles;

c) Buses;

d) Vehicles carrying fresh and raw foodstuff.

5. If many priority vehicles of the same type reach ferries or pontoon bridges simultaneously, the vehicle which comes first shall cross first.

The Ministry of Communications and Transport shall stipulate the granting of priority papers for crossing ferries, pontoon bridges to vehicles of all types.

Article 45.-

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a) The towed vehicle must be handled by a driver and its steering system must still be effective;

b) The tie up between the towing vehicle and the towed vehicle must be firm to ensure safety; if the brake system of the towed vehicle is no longer effective or if it is a separate brake, a hard bar must be used as the towing shaft;

c) There must be signboards in front of the towing vehicle and behind the towed vehicle.

2. When towing a trailer, the vehicle’s towing power must be strong enough for the total tonnage of the vehicle and the trailer and there must be an effective brake system for the trailer.

3. The following acts are prohibited:

a) Towing another trailer or another vehicle by a vehicle which is towing a trailer or by a semi-trailer vehicle;

b) Carrying people on the towed vehicle;

c) Towing rudimentary vehicles, motorized two- or three-wheelers, mopeds or dragging things on roads, by motorized vehicles.

Article 46.-

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2. Driving-practice vehicles on public traffic roads must be granted permits by competent bodies, must strictly comply with the right routes and the permitted areas and must be fitted in the front and at the rear with the signboard "driving practice" as provided for by the Ministry of Communications and Transport.

3. Automobiles used exclusively for training drivers must be equipped with an additional brake system and rearview mirrors for use by teachers when necessary.

Article 47.-

1. Operators of rudimentary vehicles on roads must:

a) Drive their vehicles close to the right roadside or within the lanes reserved for rudimentary vehicles;

b) Strictly abide by the road signs. Rudimentary vehicles are forbidden to run into road sections reserved for motorized vehicles;

c) Stop or park their vehicles close to the roadside or pavement for not more than 0.25m, and the draught animals must be carefully tied up on the pavements.

2. Operators of animal-drawn carts must clean up manure released on roads by the animals.

Article 48.- The pedestrians must comply with the following regulations:

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2. At intersections with traffic lights or traffic conductors, if wishing to cross the roads, the pedestrians must use the path reserved for them and observe the traffic lights or commands of traffic conductors.

3. Under-7-year-old children, when crossing roads or travel on roads, must be led by adults.

4. In places where there are no crossings reserved for pedestrians, the pedestrians must watch carefully and take care of themselves when crossing the roads. The pedestrians must not cross over the median strips dividing two traffic directions.

5. Not to jump up, jump down or cling to moving trains or vehicles. Not to scatter things, carry or shoulder things on roadbeds. If carrying things of great length (bamboo), they must carry them lenghthwise and keep to the right close to the roadside, and must watch before turning so as not to obstruct vehicles and people around.

6. When crossing railways, they must watch; if there is no train coming, they must quickly cross the railways; at places with barriers which have already been closed, they must go on flyovers (if any) or stop at least 1 meter from the barriers. At places where there are no barriers, they must watch carefully; if trains are approaching, they must stop at least 5 meters from the outmost rail.

7. When people going in long groups, there must be guides and persons in charge of warning, and the groups must keep to the right close the roadside to make way for vehicles in traffic.

8. Disabled persons, old and weak people, who use non-motorized wheelchairs, may travel on pavements and places prescribed for the pedestrians.

Article 49.-

1. Animals moving in herd on public traffic roads must be looked after by herdsmen and herded close to the roadside on the right; it is forbidden to lead animals into road sections reserved for motorized vehicles.

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3. People who tend and lead animals on traffic roads must clean up manure discharged on roads by animals.

Chapter VI

URBAN TRAFFIC ORDER AND SAFETY

Article 50.- People and means joining in urban traffic must, apart from having to observe the provisions in the above Chapters, strictly comply with the stipulations below as well as specific stipulations on urban traffic order and safety promulgated by the People’s Committees of the provinces or centrally-run cities.

Article 51.-

1. People and means joining in urban traffic must abide by the urban traffic signal system, including: light signals, road signs, marker posts, median strips, painted lines on roads; keep the right lanes, road sections and traffic directions as prescribed.

2. It is strictly forbidden to move on when the red light in front at intersections is on or when the traffic police have signaled vehicles to stop.

3. The pedestrians must walk on the pavements; where there is no pavement, they must keep close to the right roadside.

Article 52.-

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2. On streets, the pedestrians and all vehicles must observe the way-giving principles prescribed in Clause 1, Article 35 and Clause 2, Article 36, Article 38, Article 40, Article 41 and Article 42, as well as the following general principles:

a) The pedestrians must give way to all vehicles;

b) The rudimentary vehicles must give way to the motorized vehicles;

c) Low-speed vehicles must give way to high-speed vehicles.

Article 53.-

1. The restriction or ban on the circulation of Bong Sen mini-trucks, lambrettas, cyclos and other types of rudimentary vehicle in urban areas shall be stipulated by the People’s Committees of the provinces and centrally-run cities.

2. Coaches are forbidden to pick up passengers on streets, outside the prescribed car terminals.

Article 54.-

1. All vehicles are forbidden to use hooters, to honk continuously and to revive the engine hard in all circumstances (except ambulances, police and army vehicles being on special duties).

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Article 55.- Urban sanitation vehicles can enter all streets and operate only from 18.00 hrs to 06.00 hrs.

The People’s Committees of the provinces and centrally-run cities shall stipulate the time and routes for vehicles carrying earth and construction materials in urban areas.

Article 56.-

1. Bicycles, mopeds and motorbikes are forbidden to zigzag, weave their ways, causing danger to people on road.

2. Vehicle racing is banned when it is not yet permitted by directors of the Police Departments of the provinces or centrally-run cities.

3. It is forbidden to use umbrellas or mobile phones when riding bicycles, motorbikes, mopeds.

4. Motorbikes, mopeds and bicycles from alleys, impasses, narrow roads or houses into main roads, from ferry boats must give way to all vehicles and pedestrians coming from any direction.

Article 57.- Bicycle riders must abide by the following regulations:

1. Not to ride bicycles in areas and roads where there is sign banning the cycling.

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3. Only be allowed to stop or park close to roadsides or pavements, at places where stop is a must, not to park or stop bicycles in places where traffic may be obstructed.

4. Only be allowed to carry one person and a under-7-year-old child (carried by the adult or sitting on a separate seat) or two adults when one of them is incapable of sitting by him-/herself due to health conditions.

5. Persons handling bicycles or persons being carried on bicycles must not carry or shoulder cumbersome things, must not drag anything, must not lead animals along.

6. Under-12-year-old children must not handle bicycles with wheels of 600 mm or larger in diameter.

7. Not to hold to other vehicles (including other bicycles).

8. Not to cycle on street pavements, in flower gardens, parks.

Article 58.- One-way roads, bicycles and cyclos can only go on the right half of the road and cyclos must go in single line. If there are on one-way roads painted lines separating lanes, bicycles and cyclos shall go on the right lane while motorized vehicles on the left lane (except for cases where they must go into the right road section to stop, park or turn right).

Article 59.-

1. Cyclos must bear number plates, the cyclo drivers must have practicing permits granted by the communications and public works agencies; passenger cyclos must be equipped with padded seats and hoods, which must be nice, clean and beautiful.

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Article 60.-

1. Goods loaded on rudimentary vehicles drawn or pushed by people or drawn by animals must not stick out in front or rear more than one-third of the length of the vehicle body. Goods must not be loaded beyond the width of the vehicle body. Particularly goods or luggage carried on bicycles or pack-bikes must not stick out more than 0.4 m to each side of the wheel and more than 1 meter in front or rear. The above vehicles can only operate at the prescribed hours and on prescribed routes without affecting traffic order and safety.

2. When loaded goods stick out in front and rear though not to the levels prescribed above, there must be red banner during the day time or red light at night or in the evening at both ends of the goods sticking out in front and rear.

3. The goods loading on or unloading from vehicles at night from 22.00 hrs to 05.00 hrs in populated areas must not cause big noises.

Article 61.-

1. It is forbidden to carry goods, luggage on the roofs of motorized three-wheelers, including lambrettas.

2. It is forbidden to load goods, luggage beyond two sides of the motorized three-wheelers, including lambrettas.

3. It is forbidden to carry goods, things sticking out in front and rear one-third of the length of the body of the motorized three-wheelers, including lambrettas.

4. It is forbidden to sit next to drivers of vehicles with handle shafts.

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1. Roadbeds and street pavements are used only for traffic purpose. The People�s Committees of the provinces or centrally-run cities shall specify the use of the innermost part of pavements of a number of special streets for sale display of assorted goods.

2. People are forbidden to gather in large groups on pavements or roadbeds, causing traffic congestion. In case of necessity, such gathering must be permitted by directors of the Police Departments of the provinces or centrally run cities.

3. All acts of occupying roadbeds, roadsides, street pavements for market places, goods display and sale, for posting up advertisement boards, storing materials and other acts affecting traffic order and safety are prohibited.

4. The People’s Committees of the provinces or centrally run cities shall specify the opening of shops on street pavements at night to ensure that such shall not cause traffic congestion, affect urban sanitation and beautiful looks.

Article 63.-

1. All public offices, units, organizations and individuals must not leave their transport means on pavements, roadbeds without permission but must leave them at the prescribed places. The construction of headquarters, offices, hotels, restaurants and public facilities shall be granted permits only when they have parking lots suitable to their respective demands.

2. Where parking lots are not yet constructed as provided for in Clause 1 of this Article, vehicles must be parked at parking lots stipulated by the directors of provincial/municipal Communications and Transport (or Communications and Public Works) Services. The specification of parking lots shall replace the current licensing thereof, but must ensure smooth traffic and does not affect underground works beneath the parking lots.

Article 64.- Where it is necessary to dig roads, street pavements or use street pavements to store materials, there must be permits of the provincial/municipal Communications and Transport (or Communications and Public Works) Services and the work must be completed according to schedule. On main streets, construction work can be carried out only at night from 22.00 hrs to 05.00 hrs. When construction is underway, measures must be taken to ensure safety for vehicles and pedestrians. Upon the completion of work, the road surface and street pavements must be restored to their original states.

Article 65.- In cases where trees fall, lamp posts fall, power transmission lines break or other unexpected incidents occur, thus affecting traffic operation, the agencies managing the above-said fields must promptly settle the consequences, ensuring safe and smooth traffic.

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1. It is forbidden to dump garbage, discarded things or other wastes onto pavements, streets. Vehicles carrying manure, garbage, wastes, lime and mortar, earth, sand, cobble, bricks, coal, coal residues must be fully covered so as not to drop or arouse dust on streets. If such things drop, the drivers shall have to clean up and handle the consequences in time.

2. Vehicles carrying earth, sand or wastes from construction sites or vice versa are allowed to operate from 22.00 hrs to 05.00 hrs.

3. Construction site owners shall have the responsibility to clean the roads before 6 a.m. everyday.

Article 67.-

1. Animals walking on streets, street pavements must be led by people and have gags over their muzzles.

2. The leading of animals in the inner cities and towns must comply with the regulations of the municipal People’s Committees.

3. It is forbidden to leave unbridled animals on streets, pavements.

4. Persons who lead animals shall have to remove wastes discharged on streets and/or pavements by animals.

5. Persons who handle animal-drawn carts must always walk by the carts, only handlers of horse-drawn passenger carriages can sit on the carriages.

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Article 69.-

1. It is forbidden to place advertisement boards, shop signboards, placards or posters or to plant trees, which cover road signs and traffic signals.

2. On crowded streets, advertisement boards, placards and/or posters must not be placed on par with the view level, which distract drivers attention, thus affecting traffic safety.

Article 70.- All traffic and environmental sanitation management units shall have to keep the streets and pavement clean; must promptly mend damaged traffic works, traffic signals, painted lines on roads, ensuring safe and smooth traffic; and must apply necessary measures to clean road surface before 6 a.m. everyday.

Article 71.-

1. All vehicles using lead petrol (except for specialized vehicles) or emitting black smokes which pollute the environment are banned from circulation on streets.

2. All vehicles being circulated on streets must satisfy the standards on contents of emitted exhaust and noise as provided for by the Ministry of Science, Technology and Environment; must be cleaned of earth and mud stuck on their sides.

3. All vehicles without silencers are banned from circulation on streets.

Article 72.-

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2. At places where exist trade centers, theatres, schools or hospitals, the pedestrians crossings must be arranged to give convenience to the entry into or exit from such establishments.

Chapter VII

FINAL PROVISIONS

Article 73.- This Regulation takes effect 15 days after its signing for promulgation and replaces the Regulation on land-road and urban traffic order and safety, issued together with the Government’s Decree No. 36/CP of May 29, 1995 and Decree No. 75/1998/ND-CP of September 26, 1998.

Article 74.- The Minister of Communications and Transport and the presidents of the People’s Committees of the provinces and centrally-run cities shall base themselves on the practical situation of bridges and roads and their respective powers to detail the implementation of this Regulation.