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THE
GOVERNMENT
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence– Freedom – Happiness
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No.:
71/2012/ND-CP
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Hanoi,
September 19, 2012
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DECREE
AMENDMENTS AND
SUPPLEMENTS TO A NUMBER OF ARTICLES OF DECREE NO.34/2010/ND-CP OF APRIL 02,
2010 OF THE GOVERNMENT DEFINING ADMINISTRATIVE SANCTIONS IN THE FIELD OF ROAD
TRANSPORT
Pursuant to the December 25, 2001 Law on the
Organization of Government;
Pursuant to the Law on Road Transport dated
November 13, 2008;
At the proposal of the Minister of Transport;
The Government issues Decree amending and
supplementing a number of Articles of the Decree No.34/2010/ND-CP of April 02,
2010 of the Government on sanction of administrative violations in the field of
road transport,
Article 1. To amend and supplement a number
of Articles of the Decree No.34/2010/ND-CP of April 02, 2010 of the Government
on sanction of administrative violations in the field of road transport as
follows:
1. To amend and supplement Article 8 as
follows:
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1. A fine of between VND 100,000 and 200,000
shall be imposed for one of the following violations:
a) Failing to obey command and instructions of
the signboard, painted lines, except for violations specified in point a, point
h, point i, point k clause 2; point a, point đ, point e clause 3; point a,
point b, point c, point d, point đ, point i, point k clause 4; point a, point
c, point d clause 5; point a clause 6; point a clause 7 of this Article;
b) Shifting direction without giving up the
right to go ahead to: pedestrians, wheelchairs of disabled people crossing road
at the place where the painted line has for pedestrians; rudimentary vehicles
traveling on the roadway for rudimentary vehicles;
c) Shifting direction without giving up the
right to go ahead to: vehicles in the opposite direction; pedestrians,
wheelchairs of disabled people crossing road at the place where there is no
painted lines for pedestrians;
d) When stopping or parking without signal to
the drivers of other vehicles;
đ) When parking occupying a street part without
locating dangerous signboard in the front and at rear of vehicle as required,
except for parking at the location specified to be permitted parking;
e) Failing to keep a safe distance leading
collision with the vehicle running right in front or failing to keep a distance
as prescribed by the signboard "minimum distance between two
vehicles," except for the violations specified in point i clause 4 of this
Article;
g) Do not keep a safe distance to collision with
the preceding vehicle or distance prescribed by signs "minimum distance
between two vehicles", except for violations specified at Point i
Paragraph 4 of this Article;
h) Failing to comply with the regulations on
giving way at the intersections, except for violations specified in point d,
point đ, clause 2 of this Article;
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k) Drivers, those who sit in the front seats of
the vehicles equipped with seat belts without belting when the vehicle are
running;
l) Carrying people sitting in the front seats of
the vehicles equipped with seat belts without belting when the vehicle are
running.
2. A fine of between VND 300,000 and 500,000
shall be imposed on the drivers violate one of the following acts:
a) Shifting lanes not in compliance with the
allowed place or having no signals, except for the violations specified in
point i clause 4 of this Article;
b) Driving vehicles with a low speed without
going on the right side of the roadway;
c) Letting people to sit in the driver’s cab in
excess of the prescribed number;
d) Failing to slow down and give way when
driving from the alley, the branch roads to the main roads;
đ) Failing to give way to overtaking vehicles
when having sufficient safety conditions; failing to give way to vehicles on
the priority road and the main road from any direction at the crossroads;
e) On-duty prioritized vehicles having no signal
of horn, flags, lights in accordance with provisions;
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h) Parking not close to the side-walk, pavement
on the right side upon the running way or the nearest wheel away from the
side-walk, pavement over 0.25 meters; stopping on the rail way, dedicated bus
line; stopping on sewer’s cover, the tunnel’s cover of lines of telephone, high
voltage, space for fire trucks to get water; stopping at the place where the
signboard “no stopping” locates; leaving driving position, turning off engine
when stopping; stopping, parking in the improper place as prescribed on the
sections arranged places of stopping, parking; stopping, parking on the road
sections served for pedestrians;
i) Turning contrary to the regulations in
residential areas;
k) Turning in the lane for pedestrians to cross
roads, on bridges, bridge-head, under overpasses, underground, narrow roads,
slope road, the road section with many bends where visibility is hidden, where
having signboard "no U turn”;
l) Backing up in one-way streets, in the
non-stopping areas, on the lanes for pedestrians to cross roads, junction
location of roads at the same level with railway, location where visibility is
hidden; backing up without observation or signals.
3. A fine of between VND 600,000 and 800,000
shall be imposed for drivers who commit one of the following violations:
a) Driving vehicles beyond the prescribed speed
of 05 km/h to less than 10 km/h;
b) Pressing horn, revving up consecutively;
pressing hooters, using remote lights in urban areas and densely populated
areas, except for on-duty priority vehicles in accordance with provisions;
c) Shifting without reducing speed or turning
signals;
d) Turning at the junction location of roads at
the same level with railway; failing to comply with the regulations on
stopping, parking at the road junction at the same level with railway; stopping
or parking within the safe scope of railway;
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e) Parking not close to the side-walk, pavement
on the right side upon the running way or the nearest wheel away from the
side-walk, pavement over 0.25 meters; stopping on the rail way, dedicated bus
line; stopping on sewer’s cover, the tunnel’s cover of lines of telephone, high
voltage, space for fire trucks to get water; stopping at the place where having
the signboard “no parking, no stopping”; parking on the pavement contrary to
law provisions;
g) Failing to use sufficient lights at night or
when having fog, bad weather limiting visibility; using remote lights while
avoiding each other;
h) Vehicles without priority right using the
signals of horn, flags, lights of the prioritized vehicles;
i) Cars pulling from two different cars or more;
cars pushing other cars; cars pulling rudimentary vehicles, motorcycles,
motorbikes or dragging things on the road; and vehicles pulling trailers, semi
trailers pulling trailers or other vehicles;
k) Carrying people on towed vehicles except for
drivers.
4. A fine of between VND 800,000 and 1,200,000
shall be imposed for drivers who commit one of the following violations:
a) Driving in the road tunnels without using
near lights; backing up, turning in the road tunnels; stopping, parking,
overtaking in the road tunnels not in compliance with the prescribed place;
b) Driving into the forbidden roads, restricted
areas and driving opposite to the way of the one-way streets, except for the
on-emergency- duty prioritized vehicles in accordance with provisions;
c) Failing to drive in the right side upon its
running way, driving improper roadway or lanes as provided;
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đ) Stopping, parking, turning contrary to
provisions causing traffic jam;
e) Stopping, parking, opening vehicle’s doors
not ensuring safety causing accident;
g) Failing to give way or interrupt prioritized
vehicles;
h) Failing to take measures to ensure safety in
accordance with provisions when car is damaged right at the intersection of
roads at the same level with the railway;
i) Failing to comply with the regulations when
entering or leaving the highway; driving in emergency lane or the curb of the
highway; stopping or parking vehicles on the roadway on the highway; turning,
backing up on the highway; changing lanes improperly allowed location or
without warning signal when running on the highway; failing to comply with the
provisions stated in the signboards on the safety distance for vehicles right
in front when running on the highway;
k) Failing to obey the order of traffic light.
5. A fine of between VND 2,000,000 and 3,000,000
shall be imposed for drivers who commit one of the following violations:
a) Driving in access of the prescribed speed
from 10 km/h to 20 km/h;
b) Driving on the road that driver’s blood or
breath has alcohol concentration but not enough violation level provided in
point b clause 1, point a clause 8 of this Article;
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d) Avoiding vehicles improper provisions;
failing to give way to vehicles going the opposite direction as prescribed in
place of narrow streets, slope road, location where having the obstacles;
đ) Failing to comply with instructions of the
traffic controllers when going through ferry, pontoon bridge or place where
having traffic jam; failing to obey the commands of the traffic controllers or
traffic inspector.
6. A fine of between VND 4,000,000 and 6,000,000
shall be imposed for drivers who commit one of the following violations:
a) Driving in access of the prescribed speed
more than 20 km/h to 35 km/h;
b) Causing a traffic accident but failing to
stop, failing to keep intact the field; fled away and failing to report to the
competent authority, failing to participate in rescuing victims.
7. A fine of between VND 8,000,000 and
10,000,000 shall be imposed for drivers who commit one of the following
violations:
a) Driving in access of the prescribed speed of
more than 35 km/h; driving the opposite direction on the highway, except for
the on-emergency-duty prioritized vehicles as prescribed;
b) Driving on the road that driver’s blood or
breath has alcohol concentration exceeding 50 milligram to 80 milligram/100
milliliters of blood or exceeding 0,25 to 0,4 milligram/1 liter of gas;
c) Driving on the road that driver’s body
contains narcotic;
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e) Failing to pay close attention, driving in
access of the prescribed speed causing traffic accidents; avoiding, overtaking
not in compliance with provisions causing traffic accident or failing to keep a
safe distance between two vehicles in accordance with provisions causing
traffic accidents.
8. A fine of between VND 10,000,000 and 15,000,000
shall be imposed for drivers who commit one of the following violations:
a) Driving on the road that driver’s blood or
breath has alcohol concentration exceeding 80 milligram/100 milliliters of
blood or exceeding 0,4 milligram/1 liter of gas;
b) Failing to comply with the inspection
requirements of drugs, alcohol content of the traffic controller or persons who
are on duty.
9. A fine of between VND 15,000,000 and
25,000,000 shall be imposed for the violations prescribed in point d clause 7
of this Article causing accident or disregarding the command to stop of persons
who are on duty or opposing persons who are on duty.
10. In addition to the fine, the drivers who
commit violations are also subject to the following additional sanctions:
a) Violation of point h clause 3 of this Article
shall be confiscated whistles, flags and lamps used in contravention of
regulations;
b) Violation of Point h, Clause 3; Points b, c,
i, k clause 4; Point b, Clause 5; Point a, Clause 6 of this Article shall be
stripped the right to use driving license for 30 (thirty) days;
c) Violation of Point i, Clause 3; Points a, e,
g, h, Clause 4; Points c, đ Clause 5; Point b, Clause 6; Points a, b, d and đ,
Clause 7; Clause 8 of this Article shall be stripped the right to use the
driving license 60 (sixty) days. Violation of one of the following points,
Clauses of this Article that cause traffic accidents, but not serious enough
shall be stripped the right to use the driving license 60 (sixty) days: Points
a, b, c, Points d, đ, e, g, h, Clause 1; Points a, b, d, g, h and i, k, l
Clause 2; Points c and d, đ, e, g, h, Clause 3; Points b, c, i and k Clause 4;
Point b, Clause 5;
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2. To amend and supplement
Article 9 as follows:
"Article 9. Sanction of riders, persons who
are sitting on motorcycles, motorbikes (including electric scooter) and types
of vehicles similar to motorcycles and motorbikes violating rules of road
transport
1. A fine of between VND 60,000 and 80,000 shall
be imposed for one of the following violations:
a) Failing to obey command and instructions of
the signal, painted lines, except for violations specified in point a, point đ,
point h, clause 2; point c, point đ, point h, clause 3; point c, point d, point
e, point g, point i, clause 4; point a, point c, point d clause 5; point đ
clause 6; point d clause 7 of this Article;
b) Giving no signal to overtake before doing it;
c) Failing to keep a secure distance leading to
collision with the right-in-front vehicle or failing to keep a distance as
prescribed of the sign board "minimum distance between two vehicles";
đ) Shifting without giving way to: pedestrians,
wheelchairs of disabled people crossing roads on the painted lines for
pedestrians; rudimentary vehicles traveling on the roadway for rudimentary
vehicles;
đ) Shifting without giving way to: the vehicles
in the opposite direction; pedestrians, wheelchairs of disabled people crossing
roads at the place where there is no painted line for pedestrians;
e) Backing up three-wheel vehicles without
observation or giving warning signals;
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h) Vehicles riders using umbrella, cell phones,
audio equipment, except for hearing aids device and those who sit in the
vehicles using umbrella.
2. A fine of between VND 80,000 and 100,000
shall be imposed for riders who commit one of the following violations:
a) Shifting lanes improperly allowed location or
without giving warning signals;
b) Riding abreast from 3 (three) or more
vehicles;
c) Failing to use lights at night or in fog, bad
weather limiting visibility;
d) Failing to give way to overtaking vehicles
when having sufficient conditions of safety; failing to give way to vehicles on
the priority road, main road from any direction at the road junction;
đ) Avoiding vehicles improper provisions;
failing to give way to vehicles going the opposite direction as prescribed at
the place of narrow streets, slope streets, at the place where having the
obstacles;
e) Pressing horn in a period of from 22 pm of
the previous day to 5 am of the next day, using remote lights in urban areas,
densely populated areas, except for prioritized vehicles which are on duty in
accordance with provisions;
g) On-duty prioritized vehicles having no signal
of horn, flags and lights in accordance with provisions;
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3. A fine of between VND 100,000 and 200,000
shall be imposed for one of the following violations:
a) Stopping or parking on the roadway in the
suburban roads where side-walk has;
b) Failing to slow down or give way when driving
from the alleys, branch road to the main one;
c) Riding in access of the prescribed speed from
05 km/h to less than 10 km/h;
d) Riding at a low speed without going on the
right side of the roadway obstructing traffic;
đ) Stopping or parking in urban roadway
obstructing traffic; gathering from 3 (three) or more vehicles in the road, on
bridges, in tunnels; parking in urban roadway, street contrary to the
provisions of law;
e) Pressing horn, revving up consecutively in
urban areas and densely populated areas, except for on-duty priority vehicles
in accordance with provisions;
g) Vehicles having no priority right but using
the signal of horn, flags, lights of the prioritized vehicles;
h) Failing to comply with provisions of
stopping, parking at the road junction at the same level with railway; stopping
or parking within the safe scope of railway; stopping or parking on the
tramway, loading and disembark of the buses, on the bridge, the road junction,
on the lanes for pedestrians to cross the road; stopping at places where have
signboard of non-stop; parking at the places where have signboards of non-stop,
non-park;
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k) Carrying those who are sitting on vehicles without
helmets or with helmets but not fastening straps in accordance with standard,
except for emergency transport of patients, children under 06 years old,
escorting those who violate the law;
l) Carrying two (two) people on the vehicles,
except for emergency transport of patients, children under 14 years old,
escorting those who violate the law.
4. A fine of between VND 200,000 and 400,000
shall be imposed for one of the following violations:
a) Shifting without reducing speed or without
signals of turning direction;
b) Carrying from 3 (three) people or more on
vehicle;
c) Failing to obey the order of traffic lights;
d) Riding below minimum speed on the road
specified the allowed minimum speed;
đ) Riding as group obstructing the traffic;
e) Riding into the highway, except for vehicles
for the management and maintenance of highways;
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h) Overtaking the right side in cases of not
permitted;
i) Going into the prohibited and restricted
areas; going in the opposite direction of one-way streets, except for
prioritized vehicles going to do emergency duties as prescribed;
k) The riders or persons sitting on the vehicles
hanging on to, pulling or pushing other vehicles, other things, leading
animals, carrying bulky objects, persons sitting in the vehicles standing on
the saddle, holder or sitting on the steering wheel; loading goods in vehicles
exceeding the prescribed limit; operating vehicles to pull other vehicles,
other animals;
l) Carrying goods in excess of design load
recorded in the vehicle registration certificate for vehicles with design load
regulations.
5. A fine of between VND 500,000 and 1,000,000
shall be imposed for riders who commit one of the following violations:
a) Riding in access of the prescribed speed from
10km/h to 20 km/h;
b) Riding on the road that rider’s blood or
breath has alcohol concentration exceeding 50 milligram to 80 milligram/100
milliliters of blood or exceeding 0,25 milligram to 0,4 milligram/1 liter of
gas;
c) Overtaking in the case of being banned,
except for violations specified in point h clause 4 of this Article;
d) Riding in the road tunnels without using
lights; stopping, parking, overtaking in the road tunnel not in compliance with
the prescribed places; turning in road tunnels;
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6. A fine of between VND 2,000,000 and 3,000,000
shall be imposed for riders who commit one of the following violations:
a) Using strut or other things dragging on the
road when the vehicle is running;
b) Riding on the road that has narcotic in the
body;
c) Failing to pay close attention, riding
vehicles over speed as regulated causing traffic accidents; overtaking or
changing lanes improperly as prescribed causing traffic accidents;
d) Causing traffic accidents without stopping,
keeping intact the scene, escaping without reporting to the competent
authority, participating in the first aid for victims;
đ) Riding in access of the prescribed speed more
than 20 km/h;
e) Riding on the road that rider’s blood or
breath has alcohol concentration exceeding 80 milligram/100 milliliters of
blood or exceeding 0.4 milligrams/1 liter of gas;
g) Failing to comply with inspection
requirements for drug and alcohol concentration of traffic controller or
on-duty officials.
7. A fine of between VND 5,000,000 and 7,000,000
shall be imposed for riders who commit one of the following violations:
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b) Driving a vehicle to weave in between traffic
and to drive in a zigzag fashion in and outside urban areas;
c) Riding one wheel for a two-wheel vehicle, two
wheels for tricycles;
d) Riding into groups from 2 (two) or more
vehicles running over the prescribed speed.
8. A fine of between VND 10,000,000 and
14,000,000 shall be imposed for violation of clause 7 of this Article which
causes the accident or fails to obey orders to stop vehicle of on-duty officer
or against on-duty officer.
9. Apart from fine, violating riders are also
subject to the following forms of additional sanctions:
a) Violations of point g clause 3 of this
Article, horns, flags, flights used contrary to provisions shall be
confiscated;
b) Violation of points b, c, i Clause 4; Point
b, Clause 5; Point đ, Clause 6 of this Article, shall be stripped the right to
use the driving license 30 (thirty) days;
c) A violation of Point đ, Clause 5; Points a,
c, đ, e, g, Clause 6; Clause 7 of this Article shall be stripped the right to
use the driving license 60 (sixty) days; recidivism or violation of multiple
times of Clause 7 of this Article shall be stripped the right to use the
driving license for an indefinite term, confiscated vehicles. Violation of one
of the following points, clauses of this Article that causes traffic accidents,
but not serious enough shall be stripped the right to use the driving license
for 60 (sixty) days: Points a, c, d, đ, e, g, h, Clause 1; Points b, c, d, đ,
h, Clause 2; Points a, b, đ, g, h, Clause 3; Point a ; Points b, c, e, g,
Points i, k, Clause 4; Points b, đ, Clause 5;
d) Violation of Point b, Clause 6, Clause 8 of
this Article shall be stripped the right to use the driving license for an
indefinite term. Violation of one of the following points, clauses of this
Article that causes traffic accidents from severity or more shall be stripped
the right to use the driving license for an indefinite term: Points a, c, d, đ,
e, g, h, Clause 1; Points b, c, d, đ, h, Clause 2; Points a, b, đ, g, h, Clause
3; Points a, b, c, e, g and i and k Clause 4; Points b, d and đ, Clause 5;
Points a, c, e, g, Clause 6. "
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"Article 15. Sanction of individuals and
organizations that violate the use and exploitation within the land reserved
for roads
1. A warning or a fine of between VND 100,000
and 200,000 shall be imposed on vendors or other retailers of goods on urban
roadways, sidewalk and streets prescribed to prohibit vendors, except for
violations of regulations at Point c, Clause 3, Point e, Clause 4 of this
Article;
2. A fine of between VND 300,000 and 500,000
shall be imposed for one of the following violations:
a) Using, exploiting temporarily on road
corridor land for agricultural purposes affecting work safety and traffic
safety;
b) Planting trees within the land reserved for
roads in the suburban road section hiding the visibility of operators of
vehicles.
3. A fine of between VND 2,000,000 and 3,000,000
shall be imposed for one of the following violations:
a) Constructing illegally houses in the land
reserved for roads in suburban roads;
b) Setting up tents, kiosk, gates, fences of all
kind, other temporary works illegally within the land reserved for roads other
than the violations specified in point đ clause 4, point a clause 5 of this
Article;
c) Gathering as market, trading food service,
showing and sale of goods, repairing vehicles, washing car, setting, hanging
signboards, billboards, roofs on urban roadways, pavements or conducting
unauthorized activities, services on urban roadways, streets obstructing
traffic, except for violations specified at Point d, đ, e, g, Clause 4, Point c,
Clause 5, Point a, Clause 6 of this Article;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
4. A fine of between VND 5,000,000 and
10,000,000 shall be imposed for one of the following violations:
a) Discharging, placing illegally materials,
wastes in the land reserved for roads in suburban roads;
b) Arbitrarily excavating, filling, leveling
ground in the road corridor;
c) Arbitrarily mounting to the works of road
signs the contents not related to meaning, purpose of the road works;
d) Illegally using road land or road safety
corridor as a place to gather or transit goods, supplies, building materials,
machinery, equipment and other items;
đ) Erecting tents, kiosks, other temporary works
illegally in urban areas in the road tunnels, overpass and tunnels for
pedestrians;
e) Showing and selling machinery, equipment,
supplies, construction materials or producing or processing goods on urban
roadways, pavements;
c) Appropriating urban roadway or pavements from
05 m2 to less than 10 m2 to be vehicle keeping service.
6. A fine of between VND 10,000,000 and
15,000,000 shall be imposed for one of the following violations:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Planting trees on the streets not in
compliance with regulations;
c) Appropriating urban roadway or pavements from
10 m2 to less than 20 m2 to be vehicle keeping service.
6. A fine of between VND 20,000,000 and
30,000,000 shall be imposed for one of the following violations:
a) Appropriating urban roadway or pavements from
20 m2 or more to be vehicle keeping service;
b) Setting Billboards up on the road safety
corridor land without written agreement of the competent road management
agency;
c) Opening the branch roads to illegally connect
to the main roads.
7. A fine of between VND 30,000,000 and
40,000,000 shall be imposed for acts of constructing other solid works
illegally within land reserved for roads.
8. Apart from being fined, violating organizations, individuals provided in
clause 2, 3, 4, 5, 6 and clause 7 of this Article are also applied the
following remedies: forced to remove the construction works, billboards, trees
planted illegally, clean up materials, waste, goods, and restore the original state
which has been changed due to administrative violations".
4. To amend and supplement Article 19 as
follows:
"Article 19. Sanction of automobile drivers
and types of vehicles similar to automobile violating the provisions on
conditions of means when participating in traffic
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. A fine of between VND 300,000 and 500,000
shall be imposed for one of the following violations:
a) Driving vehicles without sufficient lights,
license plate lights, brake lights, signal lights, wipers, mirrors, instruments
of exit, firefighting equipment, air pressure clock, clock of vehicle’s speed or
with all of mentioned things but useless, not in compliance with design
standard (if having provisions required to have those things).
b) Driving without horn or with horn but
useless;
c) Driving vehicles without silencers or with
but not in compliance with technical regulations.
3. A fine of between VND 800,000 and 1,000,000
shall be imposed for one of the following violations:
a) Driving vehicles not enough braking system or
with but not in compliance with technical safety standards;
b) The vehicle's navigation system is not in
compliance with the technical safety standards;
c) Driving vehicle without mounting license
plate or with but not in compliance with prescribed place; license plate with
unclear words, number; the license plates to be bent, hidden, broken;
d) Driving vehicles not fitted with full wheels
or tires or mounted wrong size tires or not ensuring technical standards;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
4. A fine of between VND 2,000,000 and 3,000,000
shall be imposed for one of the following violations:
a) Driving vehicle having no vehicle
registration certificate, registration of trailers or semi trailers in
accordance with provisions;
b) Failing to mount license plates (if having
regulations required to mount license plates);
c) Having no certificates or stamps of technical
safety and environmental protection testing (if required to be tested) or with
but expired (including trailers and semi-trailers);
d) Driving vehicle installed horn exceeding
prescribed volume;
đ) Driving vehicle fitted more rear lights.
5. A fine of between VND 4,000,000 and 6,000,000
shall be imposed for one of the following violations:
a) Vehicle registered for temporary work over
the scope and duration permitted;
b) Driving vehicles over the service year to
participate in traffic (if having regulations on the use life);
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) Driving motorcycles with incorrect license
plates compared to the vehicle registration certificates or with license plates
not be issued by the competent agencies;
đ) Using testing certification book,
certificates, stamps of technical safety and environmental protection testing,
vehicle registration certificate which is not issued by the competent agency or
using vehicle registration certificate not in compliance with number of frames,
number of machines (including trailers and semi-trailers).
6. Apart from being fined, violating drivers
also applied the following forms of additional sanctions and remedies:
a) Violation of clause 1, clause 2; point c,
point d, point đ Clause 3 of this Article shall be forced to install completely
or replace the technical safety standards sufficient equipment; to remove the
equipment installed more not in compliance with provisions;
b) Violation of point a, b Clause 3 of this
Article shall be forced to restore the technical features of the equipment or
replace the technical safety standards sufficient equipment; to be stripped the
right to use driving license for 30 (thirty) days;
c) Violation of Points d and đ, Clause 4 of this
Article shall be confiscated added lights, horn exceeding volume and forced to
mount the horn according to technical regulations;
d) Violation of Clause 4 of this Article shall
be stripped the right to use the driving license for 30 (thirty) days;
đ) Violation of point d, point đ, clause 5 of
this Article shall be confiscated testing certification book, certificates,
stamps of technical safety and environmental protection testing, vehicle
registration certificate, license plates not issued by the competent authority;
to be stripped the right to use driving license for 30 (thirty) days;
e) Violation of Point b, Point c, Clause 5 of
this Article shall be confiscated vehicles and stripped of the right to use the
driving license for 60 (sixty) days."
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
"Article 24. Sanctions against violations
of regulations on the conditions of motorized vehicle riders
1. Issuing a warning to those who are from
enough 14 and under 16 years old riding mopeds and motorcycles (including
electric scooters) and vehicles similar to motorcycles or driving automobiles,
tractors and vehicles similar to automobiles.
2. A fine of between VND 80,000 and 120,000
shall be imposed for one of the following violations:
a) Riders of mopeds and motorcycles, other
vehicles similar to motorcycles and similar to mopeds having no or not carrying
the valid certificate of civil liability insurance of motorized vehicle owner;
b) Riders of mopeds and motorcycles, other
vehicles similar to motorcycles and similar to mopeds not bringing their
vehicle registration certificates, certificates of technical safety and
environmental protection testing (if required to be inspected);
c) Riders of motorcycles not bringing their
driving license.
3. A fine of between VND 200,000 and 400,000
shall be imposed for one of the following violations:
a) Riders of motorcycles, other vehicles similar
to motorcycles having no certificate of technical safety and environmental
protection inspection (if required to be inspected) or having but expired;
b) Drivers of cars, tractors not bringing their
vehicle registration certificates, driving licenses, certificates of technical
safety and environmental protection inspection (if required to be inspected);
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Those who are from enough 16 and under 18
years old riding motorcycles with cylinder capacity of from 50 cm3 or
more;
b) Drivers of automobiles, tractors and other
vehicles similar to automobiles having no or not carrying the valid certificate
of civil liability insurance of motorized vehicle owner;
c) Drivers of automobiles, tractors and other
vehicles similar to automobiles having driving licenses but have expired less
than 6 (six) months.
5. A fine of between VND 800,000 and VND
1,200,000 shall be imposed for motorcycle riders having no driving licenses or
using driving licenses not issued by the competent authority, driving licenses
to be erased, except for the violations specified at Point b, Clause 7 of this
Article.
6. A fine of between VND 1,000,000 and 3,000,000
shall be imposed for those who are from enough 16 years to less than 18 years
old driving automobiles, tractors, types of vehicles similar to automobiles.
7. A fine of between VND 4,000,000 and 6,000,000
shall be imposed for riders of motorcycles with a cylinder capacity of from 175
cm3 or more, drivers of automobiles, tractors and types of vehicles
similar to automobiles violating one of the following violations:
a) Having driving license but incompatible with
type of vehicle which is being controlled or has expired from 6 (six) months or
more;
b) Having no driving license or using driving
license not issued by the competent agency, driving license which was erased.
8. Apart from being fined, violating drivers
also applied the following forms of additional sanctions: violation of clause
5, point b clause 7 of this Article shall be confiscated driving license not
granted by the competent agency or driving license which was erased."
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
"Article 26. Sanction of drivers of
passenger carrying cars, cars carrying violators of regulations on road
transport
1. A fine of between VND 100,000 and 200,000
shall be imposed for one of the following violations:
a) Failing to guide passengers to sit in the
right location specified in cars;
b) Failing to comply with regulations on turn
on, turn off the light box "TAXI".
2. A fine of between VND 300,000 and VND 500,000
shall be imposed per each person over the provisions that the means are allowed
to carry to drivers of people, passenger carrying cars (excluding buses)
committing violation: carrying over from 02 people or more on the 9 seat cars,
carrying over from 03 people or more on the cars from 10 seats to 15 seats,
carrying over from 04 people or more on the cars from 16 seats to 30 seats,
carrying over from 05 people or more on the cars over 30 seats, except for the
violations specified in clause 4 of this Article.
3. A fine of between VND 500,000 and 800,000
shall be imposed for one of the following violations:
a) Failing to shut down doors when the car is
running;
b) Letting people sit in the cars when they are
up and down the ferry, pontoon bridge, or when they are on the ferry (except
for the elderly, the sick, the disabled);
c) Failing to run the right routes, schedules,
itineraries of transportation as prescribed;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
đ) Arranging, tying luggage or cargo not
ensuring safety; let the baggage, cargo drop down the road;
e) Carrying luggage and cargo in excess of
tonnage upon the design of the vehicle or in access of the vehicle’s outside
dimensions; putting cargo in the passenger compartments;
g) Carrying goods with smelliness in the
passenger carrying cars;
h) Vehicles transporting tourist, passengers
under the contract without passenger list, the contract of carriage in
accordance with provisions;
i) Transporting passengers upon fixed routes not
in compliance with vehicle routes, having no “vehicle’s log book” or with but
having no confirmation of two head depots as prescribed;
k) Vehicles transporting passengers without
service personnel in accordance with provisions;
l) Vehicles transporting tourist, passengers
under the contract selling tickets to passengers;
m) Failing to use meter or using meter not in
accordance with provisions as carrying passengers.
4. A fine of between VND 800,000 and VND
1,000,000 shall be imposed per each person over the provisions that the means
are allowed to carry to drivers of passenger carrying cars running the routes
with distances more than 300 km committing violation: carrying over from 02
people or more on the 9 seat cars, carrying over from 03 people or more on the
cars from 10 seats to 15 seats, carrying over from 04 people or more on the
cars from 16 seats to 30 seats, carrying over from 05 people or more on the
cars over 30 seats
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Letting people get in or down when the
vehicle is running;
b) Transferring passengers to another vehicle
along the way without passengers' consent; threatening, insulting, competing,
drawing passengers; forcing passengers to use the service unwanted;
c) Letting passengers down to avoid the
inspection and control of the competent persons;
d) Loading on the vehicles deflecting vehicles;
đ) Loading and drop off of passengers not in
compliance with prescribed place on the routes determined the place of dropping
off passengers;
e) Loading and drop off of passengers at the
place prohibited stopping, parking and curve where visibility is obscured.
6. A fine of between VND 2,000,000 and 3,000,000
shall be imposed for one of the following violations:
a) Driving vehicle to participate in
transportation business without mounting equipment for monitoring vehicle's
journey (if required to be fitted) or with but equipment does not work, not in
compliance with regulations as prescribed;
b) Transporting goods banned from circulation,
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Transporting dangerous, hazardous, flammable,
explosive goods or animals and other goods that affect the health of the
passengers on passenger carrying vehicles;
b) Transporting passengers on the hood, roof and
the luggage compartment of the vehicle;
c) Assaulting passengers;
d) Driving cars constantly exceeding the
stipulated time;
đ) Vehicles transporting passengers having no or
failing to stick badges (signboard) in accordance with provisions or with but
expired.
8. Apart from being fined, violating drivers
also applied the following forms of additional sanctions and remedies:
a) Violation of clause 2; clause 4 (in case of
exceeding more than 50% to 100% of number of people allowed to carry of means
as stipulated); point d, point đ, point e, point g, point h, point i clause 3;
clause 5; clause 6 of this Article shall be stripped the right to use driving
license for 30 (thirty) days. Violation of point b clause 6 of this Article,
goods banned from circulation shall be confiscated;
b) Violation of clause 7 of this Article shall be stripped the right to use
driving license for 60 (sixty) days; violation of clause 2, clause 4 of this
Article (in case of exceeding more than 100% of number of people allowed to
carry of means as stipulated) shall be stripped the right to use driving
license for an indefinite term;
c) Violation of clause 2, clause 4 of this
Article (in case of transporting passengers) violators must arrange other means
to transport the passengers over the provisions that the vehicles are permitted
to transport.
7. To amend and supplement
Article 27 as follows:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. A fine of between VND 300,000 and 500,000
shall be imposed for one of the following violations:
a) Transporting goods on vehicles which are
required to be tied firmly but not implemented; loading on the roof of the cab;
loading deflecting vehicles;
b) Transporting goods exceeding the design
tonnage stated in the vehicle registration certificate or book certifying
technical safety and environmental protection inspection, but not enough level
as violation stipulated in point a clause 2, point a clause 4 of this Article.
2. A fine of between VND 800,000 and 1,200,000
shall be imposed for one of the following violations:
a) Transporting goods exceeding the design
tonnage stated in the vehicle registration certificate or book certifying
technical safety and environmental protection inspection from 10% to 40% for
vehicles with tonnage of less than 5 tons and from 5% to 30% for vehicles from
5 tons or more (including trailers and semi-trailers);
b) Loading on the roof of the vehicle trunk;
loading in access of the width of the vehicle trunk; loading beyond the front,
rear of the vehicle trunk more than 10% of length of vehicle;
c) Transporting people on the vehicle trunk
contrary to regulations; letting people sit on the hood, cling to the outside
of the vehicles when they are running;
d) Driving vehicles in the transportation
business of goods without bringing the transportation contract or shipping
document as required, except for taxi-trucks.
3. A fine of between VND 2,000,000 and 3,000,000
shall be imposed for one of the following violations:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Driving vehicles for the transportation
business of goods without installing equipment monitoring vehicle’s journey (if
required to be fitted) or with but equipment does not work, not in compliance
with regulations as prescribed;
c) Transporting goods banned from circulation; transporting illegally or
failing to fully comply with the regulations on transport of wildlife;
d) Carrying goods in excess of permissible
height of loading goods for opened trucks (without hood); carrying goods in
exceed of the height according to the vehicle’s design or design, improvement
which has been approved by the competent authority for closed trucks (with
hood).
4. A fine of between VND 3,000,000 and 5,000,000
shall be imposed for one of the following violations:
a) Transporting goods exceeding the design
tonnage stated in the vehicle registration certificate or book certifying
technical safety and environmental protection more than 40% for trucks with
tonnage of less than 5 tons and more than 30% for trucks with tonnage from 5
tons or more (including trailers and semi trailers);
b) Driving vehicles continuously over the
prescribed time;
c) Driving vehicles without badges or with but
expired for vehicles required to have badges.
5. Apart from being fined, violators are also
applied the following forms of additional sanctions and remedies:
a) Violation of Point a, Point b, Clause 2;
Point d, Clause 3; Point a, Clause 4 of this Article shall be required to lower
part of overload goods and unload the goods in exceed of the specified size;
violations of Point c, Clause 3 of this Article, then confiscate goods banned
from circulation, wildlife illegally transported;
b) Violation of Point a, Point b, Clause 2;
Point a, Point b, Clause 3 of this Article shall be striped the right to use
the driving license for 30 (thirty) days;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
8. To amend and supplement Article 33 as
follows:
"Article 33. Sanctioning vehicle’s owner
violating regulations related to road transport
1. A fine of between VND 100,000 and 200,000 for
moped, motorcycle owner and vehicles similar to motorcycles arbitrarily
changing brands, the vehicle's paint color not in compliance with the vehicle
registration certificate.
2. A fine of between VND 300,000 and 500,000
shall be imposed for owners of automobiles, tractors, specialized motorcycles,
and types of vehicles similar to automobile committing one of the following
violations:
a) Installing the windshield, the vehicle’s door
glass which is not type of safety glass;
b) Arbitrarily changing the color of the vehicle
not in compliance with the color recorded in the vehicle registration
certificate; failing to comply with the provisions of license plates and
regulations on words on the vehicle’s walls and doors except for violations
prescribed at point b clause 2 Article 41 of this Decree.
3. A fine of between VND 800,000 and 1,200,000
shall be imposed for owners of automobiles, mopeds and types of vehicles
similar to automobile committing one of the following violations:
a) Arbitrarily re-chiseling numbers of frame and
engine numbers;
b) Erasing or repairing or forging vehicle
registration documents;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) Declaring untrue or using the false papers
and documents to be re-issued license plates, vehicle registration certificate;
đ) Lending vehicle or letting persons who are
insufficient conditions as prescribed by law drive it to participate in
traffic;
e) Failing to transfer ownership of the means as
prescribed;
g) Failing to buy or pay fee for the vehicle
when participating in traffic according to regulations.
4. A fine of between VND 2,000,000 and 4,000,000
shall be imposed for owners of automobiles, tractors, specialized motorcycles,
and types of vehicles similar to automobile committing one of the following
violations:
a) Arbitrarily re-chiseling numbers of frame and
engine numbers;
b) Erasing or repairing vehicle registration
certificate, vehicle registration documents, certificates or stamps of
technical safety and environmental protection inspection or the other documents
on the vehicles;
c) Failing to comply with the revocation of
vehicle registration certificate; vehicle license plate; certification book of
technical safety and environmental protection inspection of motorized
transportation vehicles of road in accordance with provisions;
d) Drawing, pasting ads on the vehicle in
contravention of regulations;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
e) Lending vehicle or letting persons who are
insufficient conditions as prescribed by law drive it to participate in
traffic;
g) Declaring untrue or using the false papers
and documents to be re-issued license plates, vehicle registration certificate.
5. A fine of between VND 4,000,000 and 6,000,000
shall be imposed for one of the following violations:
a) Renting, borrowing components and accessories
of the cars when testing;
b) Taking motorized vehicles, specialized
motorcycles without certificates or stamps of technical safety and environmental
protection inspection in accordance with provisions to participate in traffic.
6. A fine of between VND 6,000,000 and
10,000,000 shall be imposed for owners of automobiles, tractors, specialized
motorcycles and types of vehicles similar to automobile committing one of the
following violations:
a) Arbitrarily changing all of frame; all of
engine; brake system; the transmission system; moving system or arbitrarily
renovating the structure, shape, size of vehicles not in compliance with design
of the manufacturer or renovated design approved by the competent authority;
arbitrarily changing the use features of vehicles;
b) Renovating other types of cars into passenger
cars;
c) Failing to transfer ownership of the vehicles
as prescribed;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
7. Apart from being fined, violators are also
applied the following forms of additional sanctions and remedies:
a) Violation of Clause 1, Point b, Clause 2 of
this Article shall be forced to restore the brand, paint color recorded in
vehicle registration certificate or to comply with provisions on the license
plates and regulations on words on the car’s wall and door;
b) Violation of Points b, d, Clause 3; Points b,
g, Clause 4 of this Article shall be revoked the license plates, vehicle
registration certificate (where re-granted), confiscated false dossiers,
papers, documents;
c) Violation of Point a, Clause 2, Point a,
Clause 6 of this Article shall be forced to restore the shape, size or the
status of original technical safety of the vehicle; violation of point b clause
6 of this Article shall be confiscated vehicles;
d) Violation of Point g, Clause 3, Point d,
Clause 6 of this Article shall be required to purchase or make payment of fee
as prescribed. "
9. To amend and supplement Article 36 as
follows:
"Article 36. Sanction of drivers of
caterpillar; vehicles of overloaded, over the limit size of bridges, roads
(including passenger carrying cars)
1. A fine of between VND 1,000,000 and 2,000,000
shall be imposed for the acts of failing to comply with the provisions stated
in the circulation permits, except for violations specified at Points b, d and
đ, Clause 3 of this Article.
2. A fine of between VND 2,000,000 and 3,000,000
shall be imposed for the acts of driving vehicle which the total vehicle weight
or axle weight (including goods loaded on it, persons transported on it)
exceeds the permitted tonnage of the bridges, roads from 10% to 20%, except for
having the valid permits for circulation.
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a) Failing to comply with the inspection of
vehicle weight, vehicle size limits when having the signal, command; transferring
load or using other tricks to evade detection of vehicles’ overload,
over-sized;
b) Driving with valid license of circulation,
but the total vehicle’s weight or vehicle axle’s weight (including goods loaded
on vehicles if any) is in excess of provisions in the permit for circulation;
c) Driving vehicle that the total vehicle’s
weight or vehicle axle’s weight (including goods loaded on vehicles, persons
transported on it) exceeds the permitted tonnage of the bridges, roads more
than 20%, except for the license of circulation is still valid;
d) Carrying goods exceeding size limits of the
bridges, roads stated in the License circulation;
đ) Driving caterpillar to participate in traffic
without valid circulation permit under the regulations or directly circulate on
the roads;
e) Driving vehicles in excess of the size limits
of bridges, roads or carrying cargo in excess of the size limits of bridges,
roads to participate in traffic, except for the license of circulation is still
valid.
4. Apart from being fined, violating drivers
also applied the following forms of additional sanctions and remedies:
a) Violation of Clause 1, Clause 2, Clause 3 of
this Article shall be suspended from circulation until the implementation
according to regulations is complied or be forced to immediately unload the
overloaded, the oversized parts; if causing damage for bridges, roads,
violators must restore the original state which has been changed due to
administrative violations;
b) Violation of clause 1, Clause 2 of this
Article is also stripped the right to use the driving license (as driving cars,
tractors and other vehicles similar to cars), certificate of fostering legal
knowledge on road transport (when driving specialized motorcycle) for 30
(thirty) days;
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10. To amend and supplement Article 37 as
follows:
'' Article 37. Sanctions against those who race
illegally, promote to race illegally
1. A fine of between VND 1,000,000 and 2,000,000
shall be imposed for one of the following violations:
a) Gathering to cheer or incite acts of driving
vehicles in access of the prescribed speed, swinging, chasing each other on the
street or racing illegally;
b) Competing bicycles, mopeds, cyclos, carts,
riding animals to compete illegally on roads.
2. A fine of between VND 4,000,000 and 6,000,000
shall be imposed for persons who cheer or incite illegal racing which obstructs
or resist the on-duty officers.
3. A fine of between VND 10,000,000 and
20,000,000 shall be imposed for persons who race motorcycles, motorbikes,
electric scooters illegally.
4. A fine of between VND 20,000,000 and
30,000,000 shall be imposed for persons who race cars illegally.
5. A fine of between VND 30,000,000 and
40,000,000 shall be imposed for one of the following violations:
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b) Organization of illegal racing.
6. Apart from being fined, violating drivers are
also applied the following forms of additional sanctions: violation of point b
clause 1 of this Article, means used for violation shall be confiscated (except
for stolen vehicles, pulling, riding animals); violation of clause 3, clause 4,
point a clause 5 of this Article shall be stripped the right to use driving license
indefinitely and confiscated vehicles(except for stolen vehicles).”
11. To amend and
supplement Article 38 as follows:
"Article 38. Sanctions of those who
obstruct the inspection, examination, control of the on-duty officers or bribe
the on-duty officers
1. A fine of between VND 1,000,000 and 2,000,000
shall be imposed for brokerage, abetting, guidance to drivers, riders to avoid
the inspection, control of the on-duty officers.
2. A fine of between VND 3,000,000 and 5,000,000
shall be imposed for one of the following violations:
a) Obstructing or failing to obey the
requirements of inspection, examination, control of the on-duty officers
for: papers relating to people and vehicles, operation conditions of vehicles, transportation
operations and services of transportation support, driving test and training,
vehicle register;
b) Having words and actions threatening,
insulting, hurting the honor or against the on-duty officers, inciting others
not to obey the requirement of inspection, examination, control of the on-duty
officers, using the reputation of individuals and organizations to pressure,
obstruct the on-duty officers except for the violations specified in point b,
clause 8, clause 9 Article 8, Point g, Clause 6, Clause 8 Article 9; Clause 2,
Point a, Clause 5, Article 37 of this Decree.
c) Failing to obey the requirement of inspection
on drug, alcohol concentration of the on-duty officers or the on-duty officers
except for violations specified at Point b, Clause 8, Article 8, Point g,
Clause 6 Article 9 of this Decree;
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3. Apart from being fined, violators are also
applied the following forms of additional sanctions and remedies:
a) Violation of point d Clause 2 of this Article
shall be subject to confiscation of money, property or other material benefit;
b) Violation of Clause 2 of this Article if the
violators are the one who drive/ride vehicles, they shall also be stripped the
right to use driving license (when driving/riding cars, motorcycles, tractors,
vehicles similar to cars, vehicles similar to motorcycles), certificate of
fostering legal knowledge on road transport (when riding specialized
motorcycles) for 60 (sixty) days."
12. To amend and supplement Article 41 as
follows:
"Article 41. Sanctions against violations
of regulations on training, driving test
1. A fine of between VND 300,000 and 500,000
shall be imposed for driving teacher violating one of the following acts:
a) Letting learners without badges "driving
learner" drive the driving practice vehicles or with but not wearing when
driving practice vehicles;
b) Practice teachers carrying people and goods
on the driving practice vehicle contrary to the provisions;
c) Practice teachers running the wrong routes,
the wrong time specified in the license of driving practice vehicle; failing to
sit next to the learners to support them;
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đ) Failing to have lesson plans of the subject
assigned to teach as prescribed.
2. A fine of between VND 3,000,000 and 5,000,000
shall be imposed for individuals and organizations that violate one of the
following acts:
a) Driving training centers fail to arrange
practice teachers to sit next to the driving learners to support them; arrange
teachers not qualified to teach;
b) Driving training centers use car for driving
practice without "Permit of driving practice car," license plate
"Car for driving practice", fail to write name of the driving
training center, agency of direct management in the outer sides of the doors or
sides of the vehicle as prescribed;
c) Driving training centers use car for driving
practice not equipped with an extra brake parts or with but useless;
d) Driving training centers enroll learners not
sufficient standards under the provisions on age, health, seniority, number of
km of safe driving corresponding to each training class;
đ) Driving training centers do not have enough
teachers to teach driving practice for all classes in response to training
number recorded in the driving training license;
e) Driving training centers fail to archive
completely records of the training courses as prescribed;
g) Driving training centers make false
declaration or use false papers, documents to be learned, examined, tested,
newly issued, re-issued driving licenses, certificates of fostering knowledge
of road traffic law or got back driving licenses, certificates of fostering knowledge
of road traffic law when being stripped the right to use.
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a) Driving training centers organize enrollment,
training not in compliance with driving license class allowed to train; train
in excess of number stated in the driving training license;
b) Driving training centers organize driving
training outside the location stated in the driving training license;
c) Driving training centers enroll, train
driving without a license of driving training or with but it has expired;
d) Driving training centers train not in
compliance with programs and curricula as prescribed; arrange number of driving
learner in the driving training car exceeding the regulations;
đ) Driving training centers do not have enough
learning room system; room does have enough equipment, tool model;
e) Driving training centers do not have driving
practice yard or driving practice yard are not eligible in accordance with
provisions;
g) Driving training centers do not have enough
number of driving practice cars for all classes in response to training number
recorded in the driving training license;
h) Driving training centers granted certificate
of graduation or primary certificate of occupation for learners in
contravention of the regulations;
i) Driving test center is not eligible in
accordance with regulations;
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l) Driving test center sets up making
facilities, equipment to incorrectly operate during the period of examination;
put the signs, notation contrary to provisions on the testing yard in a testing
period;
m) Driving test center fails to list rates of
charges for examination, charge for other services as prescribed; collects
examination charges, other service charges contrary to the regulations.
4. Teacher teaching practice let learners
practicing driving commit one of the acts specified in Article 8 of this
Decree, shall be sanctioned in accordance with provisions for the behavior.
5. Apart from being fined, violating
individuals, organizations are also applied the following forms of additional
sanctions and remedies:
a) Driving training centers violate Points a, b,
c, d, đ, e, Clause 2; Points a, b, c, d, đ, e, g , Point h, Clause 3 of this
Article shall be suspended enrollment until they are eligible as prescribed or
remedied the violations;
b) Driving test centers violate Points i, k, l
Clause 3 of this Article shall be suspended the organization of driving test
until it has satisfied the conditions prescribed or remedied the violations;
c) Violation of Point g, Clause 2 of this
Article shall be confiscated forged papers, documents. "
13. To amend and supplement Section 7 of
Chapter II as follows:
"Section 7. PILOT APPLICATION FOR A
NUMBER OF VIOLATIONS IN THE INNER AREA OF THE CENTRALLY-RUN CITIES
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1. A fine of between VND 300,000 and 500,000
shall be imposed for drivers committing one of the provisions in: Points a, h,
Clause 1, Article 8 of this Decree.
2. A fine of between VND 600,000 and 1,000,000
shall be imposed for drivers committing one of the provisions in: Points h, i
and k of Clause 2 of Article 8 of this Decree.
3. A fine of between VND 1,000,000 and 1,400,000
shall be imposed for drivers committing one of the provisions in: Points d, đ,
e, Clause 3 of Article 8 of this Decree.
4. A fine of between VND 1,400,000 and 2,000,000
shall be imposed for drivers committing one of the acts specified in: Points a,
b, c, đ, e, g, k Clause 4 Article 8 of this Decree.
5. A fine of between VND 2,000,000 and 3,000,000
shall be imposed for drivers committing one of the acts specified in: points đ,
e, Clause 5, Article 26 of this Decree.
6. Apart from being fined, violating drivers are
also applied the following forms of additional sanctions and remedies:
a) Violation of Point h, Clause 2; Points d, đ,
e, Clause 3; Point a, Clause 4, Article 8 of this Decree (in the case of
stopping or parking in contravention of regulations) is forced to take the
vehicles out of the violated place;
b) Violation of Points h, i and k Clause 2;
points đ, e, Clause 3; Points b, c, đ, k, Clause 4, Article 8 of this Decree
shall be stripped the right to use the driving license for 30 (thirty) days;
c) Violation of points đ and e, Clause 5,
Article 26 of this Decree shall be stripped the right to use the driving
license for 30 (thirty) days;
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e) Violation of one of the following points,
clauses of Article 8 of this Decree that cause traffic accidents from serious
level or more shall be stripped the right to use the driving license for an
indefinite term: Point a, Point h, Clause 1 ; Points h, i and k Clause 2;
Points d, đ, e, Clause 3; Points a, b, c, e, k, Clause 4.
Article 44. Sanction of riders, those
who sit on the motorcycles, mopeds (including electric scooters), and vehicles
similar to motorcycles and vehicles similar to mopeds violating a number of
acts applied separately to the inner area of the centrally-run cities
1. A fine of between VND 100,000 and 200,000
shall be imposed for riders committing one of the acts specified in: Point a
Clause 1; Point a, Clause 2, Article 9 of this Decree.
2. A fine of between VND 300,000 and 500,000
shall be imposed for riders committing one of the acts specified in: points đ,
h, Clause 3 of Article 9 of this Decree.
3. A fine of between VND 400,000 and VND 800,000
shall be imposed for riders, those who sit on the motorcycles, mopeds committing
one of the acts specified in: Points c, g, i, k, l, Clause 4 of Article 9 of
this Decree.
4. Apart from being fined, violating drivers are
also applied the forms of additional sanctions as follows:
a) Violation of Points c, i, Clause 4, Article 9
of this Decree shall be stripped the right to use the driving license for 30
(thirty) days;
b) Violation of one of the following points,
clauses of Article 9 of this Decree that cause traffic accidents but not
serious enough shall be stripped the right to use the driving license for 60
(sixty) days: Point a, Clause 1 ; Points đ and h, Clause 3; Points c, g, i and
k Clause 4;
c) Violation of one of the following points,
clauses of Article 9 of this Decree that cause traffic accidents from serious
level or more shall be stripped the right to use the driving license for an
indefinite term: Point a, Clause 1; point đ, Point h, Clause 3; Points c, g, i
and k Clause 4;
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1. A fine of between VND 100,000 and 200,000
shall be imposed for riders, those who sit on vehicles committing one of the
acts specified in:
a) Points a, c, d, g, Clause 1; Points a, b, d,
g, Clause 2; Point b, Point c, Clause 3, Article 11 of this Decree;
b) Clause 1 of Article 21 of this Decree.
2. Apart from being fined, riders violating
provisions in clause 1 Article 21 of this Decree are also applied the form of
additional sanction to be confiscation of vehicles.
Article 46. Sanction of pedestrians
violating a number of acts applied separately to the inner area of the
centrally-run cities
1. A fine of between VND 60,000 to VND 80,000
shall be imposed for pedestrians violating one of the acts specified in: Point
b, Point c, Clause 1, Article 12 of this Decree.
2. A fine of between VND 80,000 to VND 120,000
shall be imposed for pedestrians violating one of the acts specified in Clause
2, Article 12 of this Decree."
14. To amend and supplement Clause 3, Clause
4, Article 47 as follows:
"3. Order Police, rapid response Police,
mobile police, administration management police on the social orders, the
commune-level police chiefs within the functions and assigned tasks related to
the order, safety of road transport are competent to sanction for violations
provided in the points, clauses, Articles of this Decree as follows:
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b) Point e, Clause 2; Points a, đ, e, h, i and k
Clause 3; Points b, c, đ, e, g and i and k Clause 4; Points b, d and đ, Clause
5; Points b, e, g, Clause 6; Clause 7; Clause 8, Article 9;
c) Points d, đ, e, h and i Clause 2; Points b,
đ, h, Clause 3; Points d, e, g, Clause 4; Points b, c, Clause 5; point a Clause
6; clause 7 of Article 10;
d) Points c, g, h, i clause 1; Clauses 2; 3; 4
of Article 11;
đ), Article 12, Article 13, Article 14, Article
15;
e) Clause 1, Clause 2, Clause 4, Clause 5 of
Article 18;
g), Article 21, Article 23;
h) Point b, Clause 3; Points b, c, đ, e Clause
5; Point c, Clause 7, Article 26;
i) Article 29, Article 32;
k) Clause 3, Clause 4 of Article 34; Article 35,
Article 37, Article 38.
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a) Point đ Clause 1; Points g and h, Clause 2;
Points d, đ, e, Clause 3; Points a, b, đ, h, Clause 4; Points b, đ, Clause 5;
Point b Clause 7; Clause 8, Article 8;
b) Points a, đ, h, Clause 3; Points d, đ, Clause
5 of Article 9;
c) Points d, đ, e, g, h and i, Clause 2; Point
b, Clause 3; Points e, g Clause 4; Point b, Point c, Clause 5, Article 10;
d) Points c, e, g, h, Clause 1; Points a, b,
Clause 2; Point b, Clause 3 of Article 11;
đ) Point a, Clause 1, Clause 2, Clause 3, 4,
Point b, Clause 5, Article 14;
e) Article 15, Article 16, Article 17, Article
18;
g) Clauses 1; 2; Clause 3; 4; Points b and đ,
Clause 5, Article 19;
h) Article 22, Article 23;
i) Point b, Clause 3; Point b, Point c, Clause
4; Clause 6; Clause 7 of Article 24;
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l) Clause 1; Points a, b, and d, Clause 2;
Clause 3; Clause 4 of Article 27;
m) Article 28, Article 30, Article 31;
n) Clause 2; Points a, d and e, Clause 4; Clause
5; Point a, Point b, Clause 6 of Article 33;
o) Article 34, Article 36, Article 38, Article
41, Article 42. "
15. To amend and supplement Article 54 as
follows:
"Article 54. Temporary detention of
vehicles, documents relating to drivers and violating vehicles
1. To immediately stop the administrative
violations, the persons who are competent to sanction are entitled to conduct
the temporary detention of vehicles up to 10 (ten) days before making decision
to sanction for the acts of violation specified in the following Articles,
clauses, points of this Decree:
a) Violation of Points g, k Clause 4; Points b,
đ, Clause 5; Points b, c, and d, Clause 7; Clause 8, Article 8;
b) Violation of Points b, đ, Clause 5; Points b,
e, and g, Clause 6; Clause 7; Clause 8, Article 9;
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d) Violation of Points d and đ, Clause 4,
Article 11, in cases the violators are under 16 years old and control vehicles;
đ) Violation of Points a, b, c and d, Clause 4;
Points d and đ, Clause 5, Article 19;
e) Violation of Clause 3 of Article 20;
g) Violation of Point a, đ Clause 1 of Article
22;
h) Violation of Clause 1; Point a, Point c,
Clause 4; Clause 5; Clause 6; Clause 7 of Article 24;
i) Clause 2, Clause 4 of Article 26 in the case
passenger carrying cars transport in excess of 50% of the number of people
allowed to carry on the means; Point đ, Clause 7, Article 26;
k) Clause 3 of Article 36;
l) Violation of Points a, b and c, Clause 2,
Article 38 in the cases the violators are means controllers.
2. To ensure the sanction of administrative
violations, the persons who are competent to sanction may also decide to detain
temporarily vehicles and papers related to drivers and vehicles for committing
one of the acts specified in the Decree according to the provisions of the law
on handling of administrative violations. When the violators are kept
temporarily papers as prescribed in this Clause, if the time limit for
appointment to the settlement for the violation stated in the record of
administrative violation is over but the violators have not yet come to the
administrative agencies’ offices of the persons who are competent to sanction
for handling the violation and they continue to drive/ride vehicles or bring
the vehicle in traffic, they will be subject to sanctions as undocumented
behavior.
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4. Ministry of Public Security guides in detail
the application of measures to detain temporary the means as specified in
clause 1, clause 2 of this Article. "
16. To amend and supplement Clause 4, Clause
6, Clause 7 of Article 57 as follows:
"4. For drivers who commit violations
prescribed in point đ clause 1 Article 8, point h Clause 2 Article 10 of this
Decree, in case of placing dangerous signboard not in compliance with
provisions shall be sanctioned since July 01, 2013.
6. Provisions in Section 7 Chapter II of this
Decree are piloted for 36 (thirty six) months from the effective date of this
Decree. People's Committees of centrally-run cities specify the scope of urban
areas to make the pilot. Every year, the Ministry of Transport presides over
and coordinates with the Ministry of Public Security and People's Committees of
centrally-run cities to report to the Prime Minister the results of the pilot;
when the time limit of the pilot expires, sum up, evaluate the pilot and report
to the Government and propose the guidelines for next implementation.
7. On sanctions against individuals,
organizations committing violation acts prescribed at Point a, Clause 6, Article
26, Point b, Clause 3 of Article 27 of this Decree shall be implemented from
July 01, 2013. "
Article 2. Effect
1. This Decree takes effect from November 10,
2012.
2. To annul the Decree No.33/2011/ND-CP of May
16, 2011 of the Government amending and supplementing a number of Articles of
the Decree No.34/2010/ND-CP of April 02, 2010 of the Government on the sanction
of administrative violations in the field of road transport.
3. The violations of the provisions of this
Decree detected and recorded in writing before the effective date of this
Decree, are still comply with the provisions of the Decree No.34/2010/ND-CP
dated April 02, 2010 and the Decree No.33/2011/ND-CP of May 16, 2011.
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Ministers, heads of ministerial-level agencies,
the heads of the governmental agencies, Presidents of the People's Committees
of provinces and cities directly under the Central Government are responsible
for the implementation of this Decree./.
FOR THE
GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung