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GOVERNMENT
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SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No.
100/2019/ND-CP
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Hanoi,
December 30, 2019
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DECREE
ADMINISTRATIVE PENALTIES FOR ROAD TRAFFIC OFFENCES AND RAIL
TRANSPORT OFFENCES
Pursuant to the Law on
Government organization dated June 19, 2015;
Pursuant to the Law on Penalties
for administrative violations dated June 20, 2012;
Pursuant to the Law on Road
traffic dated November 13, 2008;
Pursuant to the Law on Rail
transport dated June 16, 2017;
At the request of Minister of
Transport;
The Government promulgates
Decree on administrative penalties for road traffic offences and rail transport
offences.
Chapter I
GENERAL PROVISIONS
Article 1.
Scope
1. This Decree deals with
administrative violations, penalties, fines, remedial measures, the power to
impose penalties and fines for road traffic offences and rail transport
offences.
2. Other Decrees on administrative
penalties for corresponding violations shall apply to administrative violations
pertaining road traffic and rail transport that are not regulated by this
Decree.
Article 2.
Regulated entities
1. Organizations and individuals
that commit road traffic offences and rail transport offences within the
territory of Socialist Republic of Vietnam.
2. Organizations prescribed in
Clause 1 of this Article include:
a) Regulatory agencies committing
violations that are not related to assigned state management tasks;
b) People’s armed forces;
c) Public service providers;
d) Agencies of the Communist Party
of Vietnam;
dd) Socio-political organizations,
socio-political-professional organizations, social organizations and
socio-professional organizations;
e) Economic organizations
established under Law on Enterprises include: Sole proprietorships, joint-stock
companies, limited liability companies, partnerships and entities affiliated to
enterprises (branch offices, representative offices);
g) Economic organizations established
under Cooperative Law include: Cooperatives and unions of cooperatives;
h) Organizations established under
Law on Investment include: Domestic investors, foreign investors and foreign
invested economic organizations; branch offices and representative offices of
foreign traders and enterprises in Vietnam; representative offices of foreign
trade promotion organizations in Vietnam;
i) Other organizations established
as per the law.
3. Household businesses, households
and artels committing administrative offences specified in this Decree shall be
sanctioned similar to individual offenders.
4. Competent individuals capable of
making records, imposing administrative penalties and organizations and
individuals relating to imposing administrative according to this Decree.
Article 3. Term
interpretation
In this Decree, terms below are
construed as follows:
1. Road traffic:
a) “Tractor-trailer” means a
motor vehicle with a steering wheel that tows a trailer (which can be detached
from the tractor);
b) “Car-like vehicle” means
a motor vehicle that has two axles and four or more wheels, an engine and cargo
bed (if any) of which are on the same chassis (including electricity-powered
4-wheel vehicles);
c) “Motorcycle-like vehicle”
means a motor vehicle that has two or three wheels with a cylinder capacity of
50 cm3 or higher, maximum speed over 50 km/h and net weight not
exceeding 400 kg;
d) “Electric motorcycle”
means a two-wheel vehicle operated by an electric engine with power not
exceeding 4 kW and maximum speed not exceeding 50 km/h;
dd) “Moped” means a motor
vehicle operated by an engine, having two or three wheels with a maximum speed
not exceeding 50 km/h, except those specified in Point e of this Clause;
e) “Motored bicycle” means a
two-wheel bicycle that is equipped with an engine with a maximum speed not
exceeding 25 km/h. A motor bicycle is still operational with its engine off.
2. Rail transport:
a) “Humps” are a system
serving railway shunting. When the consist is shoved by a locomotive to the top
of the hump where the coaches shall be detached and propelled by gravity to
various tracks in the classification yard;
b) “Kicking” means a method
where momentum of the consist is used to propel the coaches to various tracks
in the classification yard;
c) “Dropping” means a method
where potential energy of the classification track is used to propel the
coaches to various tracks in the classification yard;
d) “Detachment” means a
method where a group of coaches is detached while the consist is moving;
dd) “Signaling code” means
the regulations on orders, signals and proper responses to such orders and
signals;
e) “Warnings” are written
notifications to railway workers that directly serve the train operation of
unusual conditions of the railway infrastructure, the railway vehicles, and
other cases, specifying measures for ensuring train operation safety;
g) “Railway clearance” means
the space along the railway line that ensures the train is not struck against
while running;
h) “Crossing length” means
the length of the part of road that crosses the railway line and lies between
two barriers, or the distance between two outer rails of the bridge plus (+) 06
meters to both sides if no barriers are available;
i) “Length of the road-rail
bridge” means the distance between two barriers, or the distance between
two abutments of the bridge plus (+) 10 meters to both sides if no barriers are
available.
Article 4.
Remedial measures and implementation principles
1. Remedial measures for damage
caused by administrative road traffic offences and rail transport offences:
a) Enforced restoration to original
conditions prior to the violations;
b) Enforced removal of the
construction or part of the construction that is not licensed or built against
the license;
c) Enforced adoption of measures to
remediate environmental pollution caused by the violations;
d) Enforce re-export of transports
from Vietnam;
dd) Enforced return of the illegal
profits generated by the violation;
e) Other remedial measures
specified in Clause 2 and Clause 3 of this Article.
2. Other remedial measures in road
traffic:
a) Enforced removal of objects
obstructing sight of road signs and traffic lights or enforced relocation of
trees planted in incorrect spots;
b) Enforced collection of rice,
straw, agro-forestry-fishery products, garbage, wastes, vehicles, materials,
goods, machinery, equipment, signboards, advertising panels, nails, pointy and
sharp objects, string and other materials, obstacles;
c) Enforced immediate adoption of
measures to ensure traffic safety as per the law or enforced erection of
construction notice boards containing adequate information as per the law;
d) Enforced reconstruction of coach
station, parking lots, rest stops and tollbooths satisfactory to regulations
and law and technical standards;
dd) Enforced addition or repair of
lost or damaged road signs and repair of damaged road infrastructure;
e) Enforced installation of
adequate equipment, replacement with equipment satisfactory to technical safety
standards, restoration of technical attributes of vehicles and equipment in
accordance with regulations and law or removal of equipment whose installation
is against the law;
g) Enforced allocation of other
vehicles for transportation of number of passengers exceeding maximum passenger
capacity of the vehicles;
h) Enforced adequate and accurate
registration and declaration of information as per the law;
i) Enforced installation of roof
signs specifying “TAXI” or enforced display of phrases “XE TAXI” (taxi), “XE
HỢP DỒNG” (vehicle operated under contracts) or “XE DU LỊCH” (vehicles for
tourism);
k) Enforced issuance of “Thẻ nhận
dạng lái xe” (driver identification) for drivers as per the law;
l) Enforced organization of
professional training or periodic medical check-up for drivers and on-board
staff as per the law;
m) Enforced entering into contracts
with drivers and on-board staff;
n) Enforced development and
execution of procedures to ensure traffic safety as per the law;
o) Enforced designation of eligible
personnel directly operating transport activities as per the law;
p) Enforced installation of
cameras, seat belts, taximeters, receipt printers and tracking units on
vehicles as per the law;
q) Enforced provision, update,
transmission, storage and management of information from the tracking units and
cameras installed on vehicles as per the law;
r) Enforced provision of username
and password for log into software that processes data from the tracking units
of automobiles or servers of entities for competent agencies as per the law;
s) Enforced adequate and accurate
preparation, update and storage of vehicles’ background, occupation background
of drivers and relevant documents during management and operation of
transportation as per the law;
t) Enforced restoration of brands
and paint color as specified in Vehicle registration as per the law or enforced
compliance with regulations on license plates and lettering on sides and doors
of vehicles;
u) Enforced restoration to original
shape, size or technical safety conditions of vehicles and re-registration
before allowing the vehicles to participate in road traffic;
v) Enforced adjustment to trunks of
vehicles in accordance with applicable regulations and law, re-registration and
adjustment to loads permitted for transport as specified in certificates of
technical and environmental safety as per applicable law prior to
allowing the vehicles to participate in traffic;
x) Enforced adoption of procedures
for vehicle registration, ownership transfer, revision or revocation of vehicle
registration, license plates and certificates of technical and environmental
safety;
y) Enforced relocation of vehicles
to special commercial economic zones and economic zones at international border
checkpoints.
3. Other remedial measures in rail
transport:
a) Enforced correct and adequate
installation and maintenance of usual operation of warning and signaling
systems and equipment as per the law;
b) Enforced organization of brake
tests or organization of protection measure testing as per the law;
c) Enforced positioning of coaches
carrying dangerous commodities (explosives, flammable substances) as per the
law or switch of railway to other routes according to regulations and law on
shunting;
d) Enforced removal from railway,
railway bridges and tunnels;
dd) Enforced removal of dirt, rock,
sand, obstacles, straw, agriculture products, wastes, toxic substances,
flammable substances, explosives, materials and other items from railways,
railway structure or vicinity of land area for rail transport;
e) Enforced relocation of ships,
boats, other watercrafts or objects within the safety perimeter of the railway
bridge;
g) Enforced relocation of road
transports, materials, machinery, equipment, commodities, warning signs and
temporary signs away from railway clearance;
h) Enforced immediately adoption of
measures to ensure railway structure safety and rail transport safety as per
the law;
i) Enforced removal of objects
obstructing sight of signs, markers and signals of railway structure or
relocation of slabs made of concrete, wooden, metal or other material
(illegally placed) out of safety perimeter of railway, reduction cut with
respect to trees exceeding maximum height or relocation of trees planted
against regulations and law affecting safety of railway structure and
transport;
k) Enforced removal of (illegally
placed) vehicles, equipment, materials, goods, wastes, or other items out of
safety perimeter of railway or railway safety corridor;
l) Enforced removal or relocation
of structure, houses, tents or buildings obstructing construction, innovation,
expansion and safety assurance of railway structure or enforced removal or
relocation of tents, buildings, advertising panels, direction signs,
instruction signs and other objects (illegally placed, erected or established)
obstructing vision from land area for rail transport or enforced demolition of
expired constructions, demolition of constructions that are revoked or have
permits cancelled;
m) Enforced fortification,
relocation or innovation of construction affecting rail transport safety at
request of competent agencies;
n) Enforced repair, addition,
replacement or fortification of damaged parts of railway infrastructure
satisfactory to publicized maximum speed order and maximum load order.
o) Enforced provision of safety
equipment, signals, signs and protection signals as per the law;
p) Enforced positioning of
vehicles, materials and construction machinery as per the law and not
obstructing train operation;
q) Enforced adequate installation
as per the law, replacement with equipment satisfactory to technical safety
standards or restoration of technical attributes of equipment such as:
automatic and manual train stop; emergency brake and pressure gauges (at
working station of conductors and on passenger cars); devices attaching
locomotives and cars; end of train devices; speedometers, devices recording
speed and information relating to train operation (black boxes); alerter
devices to keep train operators awake; speed measuring devices, devices
enabling communication between conductors and operators (at working station of
conductors);
r) Enforced restoration to original
structure, shape and use functions of vehicles prior to allowing the vehicles
to participate in rail transport;
s) Enforced adequate provision of
following instruments on passenger trains and cargo trains: escape equipment,
fighting equipment and materials, first-aid kits, tools and materials for minor
repairs, equipment for choking and signaling;
t) Enforced relocation of offenders
to positions as per the law or removal of individuals and cargoes from
locomotives;
u) Enforced allocation of other
vehicles for transportation of number of passengers exceeding maximum passenger
capacity of cars;
v) Enforced revocation and disposal
of specialized license and certificates illegally issued;
x) Enforced removal of corpses,
cremains, live animals, diseased animals, flammable substances, explosives,
weapons, dangerous commodities from trains (at the nearest station in case of
running trains), to stations for disposal as per the law;
y) Enforced timely implementation
of special and social security transportation tasks at request of heads of
competent regulatory agencies as per the law.
4. The rules for taking remedial
measures are specified in Clause 2 Article 28 of the Law on Penalties for
administrative violations.
Chapter II
VIOLATIONS, PENALTIES, FINES, AND REMEDIAL MEASURES
FOR ADMINISTRATIVE ROAD TRAFFIC OFFENCES
Section 1.
VIOLATIONS AGAINST TRAFFIC RULES
Article 5.
Penalties imposed upon operators of cars and car-like vehicles violating
traffic rules
1. A fine ranging from
VND 200,000 to VND 400,000 shall be imposed upon a vehicle operator
who commits any of the following violations:
a) Failure to comply with road
signs and road markings, except for violations specified in Points a, d, g, h,
i and k Clause 2; Points a, d, dd, e, k, l, o, r and s Clause 3; Points b, c,
d, dd and i Clause 4; Points a, c, d, dd, e, g and i Clause 5; Points a and b
Clause 6; Points a and c Clause 7; Point a Clause 8 of this Article;
b) Turning without yielding to the
pedestrians and wheelchairs of the disabled that cross the street at
crosswalks, or without yielding to non-motorized vehicles running in the cycle
lane.
c) Turning without yielding to
oncoming vehicles, the pedestrians and wheelchairs of the disabled that cross
the street at other positions than crosswalks;
d) Stopping or parking without
signaling;
dd) Occupying part of the roadway
when parking on the street without placing a warning sign as prescribed, except
for the violations specified in Point c Clause 6 of this Article and parking at
permissible positions;
e) No placement of signs in front
of the towing vehicle and behind the towed vehicle; operating a tractor-trailer
without signs as prescribed;
g) Honking from 10 pm to 5 am in
urban and residential areas, except for emergency vehicles on duty as per the
law;
2. A fine ranging from
VND 400,000 to VND 600,000 shall be imposed upon a vehicle operator
who commits any of the following violations:
a) Changing lanes where prohibited
or without signaling, except for the violations specified in Point g Clause 5
of this Article;
b) Operating the vehicle at a lower
speed than that of other vehicles in the same direction without moving to the
right of the roadway, unless the other vehicles are running faster than the
legal limit;
c) Carrying more people in the
cockpit than the legal limit;
d) Failure to comply with
regulations on yielding at intersections, except for the violations specified
in Points m and n Clause 3 of this Article;
dd) Operating a vehicle that
involves in an accident without stopping the vehicle, protecting the crash
scene, or giving first aid to the victims, except for the violations specified
in Point b Clause 8 of this Article;
e) Operating an emergency vehicle
without conformable warning devices or using warning devices without a license
issued by a competent authority or without an unexpired one;
g) Stopping, parking on the roadway
outside urban areas where the sidewalk is spacious enough; stopping or parking
away from the right curb where the sidewalk is narrow or there is no sidewalk;
stopping, parking against the traffic direction; stopping or parking on median
barriers between carriageways; parking on a slope without choking the wheels;
opening doors carelessly or leaving doors unsafely open;
h) Failure to stop the vehicle
close to the sidewalk on the right side, or the right wheel is more than 0.25 m
away from the side walk; stopping on the tramway or bus lane; stopping right
above a manhole, cable duct opening, at a fire hydrant; getting out of the
driving position or turning off the engine while stopping; stopping or parking
at inappropriate positions where parking space is provided; stopping or parking
at the crosswalk; stopping where a “Cấm dừng xe và đỗ xe” (No stopping and
parking) sign is erected, except for the violations specified in Point i Clause
4 and Point b Clause 6 of this Article;
i) Making a u-turn in a residential
area against the rules;
k) Making a u-turn at pedestrian
crossings, on bridges, bridge approaches, in tunnels, under overpass, except
for cases in which places for u-turn are established in locations above.
3. A fine ranging from
VND 800,000 to VND 1,000,000 shall be imposed upon a vehicle operator
who commits any of the following violations:
a) Exceeding the speed limits by
from 5 km/h to under 10 km/h;
b) Continuously honking, revving up
the engine, using air horns or high beam in an urban area or residential area,
except for emergency vehicles on duty;
c) Turning without slowing down or
signaling (unless going along a curved segment where there is no intersection);
d) Failure to obey the regulations
on stopping or parking at intersection with the railway; stopping or parking
within the railway safety perimeter, except for the violations specified in
Point b Clause 2, Point b Clause 3 Article 49 hereof;
dd) Stopping or parking on the left
side of a one-way road, on a curved road or near the top of the slope where
view is blocked, on a bridge, under an overpass, parallel to a stopping or
parking vehicle, at an intersection within 05 m from the edge of the
intersection, at a bus stop, in front of or within 05 m beside a gate of an
organization that has car way, on a road that is wide enough for only one lane;
stopping or parking in a manner that block road signs; stopping or parking at
median barriers;
e) Failure to stop the vehicle
close to the sidewalk on the right side, or the distance from the right wheel
to the sidewalk exceeds 0.25 m; stopping on the tramway or bus lane; stopping
right above a manhole, cable duct opening, at a fire hydrant; parking on the
sidewalk against the law; parking where a “Cấm đỗ xe” (No parking) sign or “Cấm
dừng xe và đỗ xe” (No stopping and parking) sign is erected, except for the
violations specified in Point i Clause 4 and Point b Clause 6 of this Article;
g) Failure to turn on the lights or
using insufficient lighting from 7 pm to 5 am or in a foggy or bad weather when
visibility is short; using the full beam when facing oncoming vehicles;
h) Towing another vehicle or object
(except for a trailer, semi-trailer, car, or heavy-duty vehicle that cannot run
itself); operating a car pushing another vehicle or object; towing a trailer or
semi-trailer and another trailer or another vehicle or object; failure to
safely connect the towing and towed vehicles;
i) Carrying passengers on the towed
vehicle, except for the driver;
k) Making a u-turn at a level
crossing; making a u-turn at narrow section of the road, on a slope, on a curve
section of the road with limited sight or at location erected with the sign
“Cấm quay đầu xe” (No u-turn allowed);
l) Causing a collision with the
vehicle ahead due to failure to keep a safe distance; failure to keep the safe
distance in accordance with the “Cự ly tối thiểu giữa hai xe” (Safety distance)
sign, except for the violations specified in Point g Clause 5 of this Article;
m) Failure to reduce speed and
yield when joining the traffic from an alley or when moving from a small road
to a major road;
n) Failure to yield to vehicles in
the emergency lane or on the major road at an intersection;
o) Reversing the vehicle on a
one-way road or a road where a “Cấm đi ngược chiều” (No entry) sign is erected,
where stopping is prohibited, at a crosswalk, at an intersection with another
road or railway, where view is blocked; reversing the vehicle without
observation or without signals; except for cases specified in Point a Clause 8
of this Article;
p) Failure to fasten seat belt
while operating the vehicle;
q) Carrying passengers who fail to
fasten the seat belts (if available) while the vehicle is running;
r) Failure to turn on low beam
while operating the vehicle in a road tunnel;
s) Operating the vehicle at a lower
speed than the lowest permissible speed.
4. A fine ranging from
VND 1,000,000 to VND 2,000,000 shall be imposed upon a vehicle
operator who commits any of the following violations:
a) Using a cell phone with hands
while operating the vehicle on public roads;
b) Entering prohibited areas, roads
erected with signs prohibiting entry of operated vehicles, except for
violations specified in Point c Clause 5, Point a Clause 8 of this Article and
emergency vehicles on missions;
c) Failure to stop vehicle ineligible
for free-flow tolling from entering lanes for free-flow tolling at toll roads;
d) Stopping or parking on the left
of one-way street or on the left (along direction of motion) of dual
carriageway; on curve section of the road or near top of slopes where vision is
obstructed; on bridges, under overpass, parallel with another parking or
stopping vehicle, except for violations specified in Point b Clause 6 of this
Article;
dd) Stopping, parking, making a
u-turn against the rules and thus causing traffic congestion;
e) Using warning devices for
emergency vehicles on a non-emergency vehicle;
g) Failure to take safety measures
when the vehicle breaks down at an intersection with a railway;
h) Failure to yield overtaking
vehicles provided safety conditions are satisfied;
i) Backing up or making a u-turn in
road tunnels; stopping, parking or overtaking in road tunnels where such
activities are not permitted.
5. A fine ranging from
VND 3,000,000 to VND 5,000,000 shall be imposed upon a vehicle
operator who commits any of the following violations:
a) Failure to comply with the
traffic lights;
b) Failure to obey the orders or
instructions of the traffic conductor or traffic guard;
c) Entering a blocked road or
restricted area; going against traffic direction of a one-way road or a road
where a “Cấm đi ngược chiều” (No entry) sign is erected, except for the
violations specified in Point a Clause 8 of this Article and emergency vehicles
on duty;
d) Overtaking in cases where
overtaking is not permitted, overtaking in roads erected with signs prohibiting
operated vehicles from overtaking; failure to signal before overtake;
overtaking on the right of other vehicles in case not allowed to, except cases
in which roads with multiple lanes with same direction of motion separated by
road markings where vehicles on lanes on the right are faster than vehicles on
lanes on the left;
dd) Failure to keep the vehicle to
the right; going in the wrong lane (along or against traffic direction) except
for cases specified in Point c Clause 4 of this Article; crossing the median
strip; going on a sidewalk unless for entering a house;
e) Avoiding oncoming traffic
against regulations and law, except for violations of using high beam when
avoiding oncoming traffic specified in Point g Clause 3 of this Article;
failure to yield to oncoming traffic as per the law in narrow or steep sections
or in case of obstacles;
g) Failure to obey the rules when
entering or leaving the freeway; going in the emergency lane or on the shoulder
of the freeway; changing lanes on a freeway at inappropriate positions or
without signals; failure to keep a safe following distance on the freeway;
h) Failure to yield to or
obstructing emergency vehicles on duty that are sending out emergency signals;
i) Exceeding the speed limits by 10
km/h - 20 km/h.
6. A fine ranging from
VND 6,000,000 to VND 8,000,000 shall be imposed upon a vehicle
operator who commits any of the following violations:
a) Exceeding the speed limits by
>20 km/h to 35 km/h;
b) Stopping or parking on freeway
in locations against regulations and law; failure to provide signals to inform
other drivers in case of compulsory stop or parking on freeway in locations
against regulations and law; making a u-turn on freeway;
c) Operating a vehicle under the
influence of alcohol but BAC does not exceed 50 mg per 100 ml of blood or BrAC
does not exceed 0.25 mg per liter of breath;
7. A fine ranging from
VND 10,000,000 to VND 12,000,000 shall be imposed upon a vehicle
operator who commits any of the following violations:
a) Failure to observe, operating
the vehicle exceeding speed limit thus causing accidents; stopping, parking,
making a u-turn, backing, avoiding, overtaking, changing direction or changing
lanes against regulations and law causing accidents; failure to operate in
correct sections, lanes, failure to maintain safety distance between 2 vehicles
as per the law thus causing accidents or entering roads erected with signs
prohibiting entry of operated vehicles, going against traffic direction on
one-way roads or on roads erected with “Cấm đi ngược chiều” (No entry) signs
causing accidents, except for violations specified in Point a Clause 8 of this
Article;
b) Weaving, speeding, chasing on
public roads; steering a vehicle running on public roads with the legs;
c) Exceeding the speed limits by
more than 35 km/h.
8. A fine ranging from
VND 16,000,000 to VND 18,000,000 shall be imposed upon a vehicle
operator who commits any of the following violations:
a) Going against the traffic direction
on a freeway, backing up on a freeway, except for emergency vehicles on duty;
b) Failure to stop, protect the
scene, inform the authority, or give first aid to the victim after causing an
accident;
c) Operating the vehicle while BAC
exceeds 50 - 80 mg per 100 ml of blood, or BrAC exceeds 0.25 - 0.4 mg per liter
of breath;
9. A fine of VND 18,000,000 -
VND 20,000,000 shall be imposed upon an operator who commits any of the
violations specified in Point b Clause 7 of this Article and causes a traffic
accident or fails to stop on a law enforcement officer’s order.
10. A fine ranging from
VND 30,000,000 to VND 40,000,000 shall be imposed upon a vehicle
operator who commits any of the following violations:
b) Operating the vehicle while BAC
exceeds 80 mg per 100 ml of blood, or BrAC exceeds 0.4 mg per liter of breath;
b) Failure to comply with the law
enforcement officer’s order for alcohol content testing;
c) Operating vehicles on roads
under influence of narcotics;
d) Failure to comply with traffic
conductor’s or law enforcement officer’s order for drug testing.
11. Apart from incurring fines, the
violating operator shall also incur the following additional penalties:
a) The violation(s) specified in
Point e Clause 4 of this Article shall lead to confiscation of the warning
device(s) installed illegally;
b) The violation(s) specified in
Point dd Clause 2; Points h and i Clause 3; Clause 4; Points a, b, d, dd, g, h
and i Clause 5 of this Article shall lead to suspension of driving license from
1 month to 3 months;
c) The violation(s) specified in
Point c Clause 5; Points a and b Clause 6; Clause 7 of this Article shall lead
to suspension of driving license from 2 months to 4 months. Committing
violation(s) specified in Points a, d, dd, e and g of Clause 1; Points b, d and
g of Clause 2; Points b, g, h, m, n, r and s of Clause 3; Points a, c, e, g and
h of Clause 4; Points a, b, e, g and h Clause 5 of this Article and causing
accidents shall lead to suspension of driving license from 2 months to 4
months;
d) The violation(s) specified in
Clause 9 of this Article or repetition of violation(s) specified in Point b
Clause 7 of this Article shall lead to suspension of driving license from 3
months to 5 months;
dd) The violation(s) specified in
Points a and b Clause 8 of this Article shall lead to suspension of driving
license from 5 months to 7 months;
e) The violation(s) specified in
Point c Clause 6 of this Article shall lead to suspension of driving license
from 10 months to 12 months;
g) The violation(s) specified in
Point c Clause 8 of this Article shall lead to suspension of driving license
from 16 months to 18 months;
h) The violation(s) specified in
Clause 10 of this Article shall lead to suspension of driving license from 22
months to 24 months;
Article 6.
Penalties imposed upon operators of mopeds and motorcycles (including electric
motorcycles) and the like violating road traffic rules
1. A fine ranging from
VND 100,000 to VND 200,000 shall be imposed upon a vehicle operator
who commits any of the following violations:
a) Failure to comply with road
signs and road markings, except for violations specified in Points c, dd, e and
h Clause 2; Points d, g, i and m Clause 3; Points a, b, c, d and e Clause 4;
Clause 5; Point b Clause 6; Points a and b Clause 7; Point d Clause 8 of this
Article;
b) No signaling before overtaking;
c) Failure to keep a safe distance
that leads to a collision with the vehicle ahead; failure to keep a safe
distance in accordance with the sign “Cự ly tối thiểu giữa hai xe” (Safe
distance);
d) Turning without yielding to the
pedestrians and wheelchairs of the disabled that cross the street at crosswalks
or non-motorized vehicles running in the cycle lane;
dd) Turning without yielding to
oncoming vehicles, the pedestrians and wheelchairs of the disabled that cross
the street at other positions than crosswalks;
e) Reversing motor tricycles
without observation or signaling;
g) Carrying a passenger who uses an
umbrella;
h) Failure to comply with
regulations on yielding at intersections, except for the violations specified
in Points b and e Clause 2 of this Article;
i) Changing lanes where prohibited
or without signaling;
k) Going three abreast or more;
l) Failure to turn on the lights
from 7 pm to 5 am or in a foggy or bad weather when visibility is short;
m) Dodging oncoming vehicles
improperly; using high beams while avoiding oncoming traffic; failure to yield
to oncoming vehicles where the road is narrow, sloping, or obstructed;
n) Honking from 10 pm to 5 am,
using the high beam in rural areas or residential areas, except for emergency
vehicles on duty;
o) Operating an emergency vehicle
without conformable warning devices or using warning devices without a license
issued by a competent authority or without an unexpired one;
p) Making a u-turn in places where
making a u-turn is prohibited, except for violation(s) specified in Point d
Clause 4 of this Article;
q) Operating the vehicle at a lower
speed than the lowest permissible speed.
2. A fine ranging from
VND 200,000 to VND 300,000 shall be imposed upon a vehicle operator
who commits any of the following violations:
a) Stopping, parking on the roadway
outside urban areas where sidewalks are available;
b) Failure to reduce speed and
yield when joining the traffic from an alley or when moving from a small road
to a major road;
c) Exceeding the speed limits by
from 5 km/h to under 10 km/h;
dd) Going slowly without keeping to
the right of the roadway in a manner that obstructs the traffic;
dd) Stopping, parking on the
roadway in a manner that obstructs the traffic; stopping in groups of 03
vehicles or more on the roadway or in a road tunnel; parking on the roadway or
on the sidewalk in urban areas against the law;
e) Failure to allow another vehicle
to overtake when it is safe to do so; failure to yield to vehicles in the
emergency lane or on the major road at the intersection;
g) Using warning devices for
emergency vehicles on a non-emergency vehicle;
h) Stopping, parking on the
tramway, at the bus stop, at an intersection, at a crosswalk; stopping where a
“Cấm dừng xe và đỗ xe” (No stopping and parking) sign is erected, parking where
a “Cấm đỗ xe” (No parking) sign or “Cấm dừng xe và đỗ xe” (No stopping and
parking) sign is erected; breaking the rules on stopping and parking at
intersection with the railway; stopping or parking within the railway safety
perimeter, except for the violations specified in Point b Clause 2, Point b
Clause 3 Article 49 of this Decree;
i) The operator or the passenger on
the vehicle does not wear a motorcycle helmet or does not wear it properly;
k) Carrying a passenger who does
not wear a motorcycle helmet properly, unless that person is a patient who
needs urgent medical care, a child under 06 years of age, or a criminal being
escorted;
l) Carrying two people on a
vehicle, unless a person being carried is a person who needs urgent medical
care, a child under 14 years of age, or a criminal being escorted;
m) The vehicle is operated by the
person from behind another person, unless such the latter is a child.
3. A fine ranging from
VND 400,000 to VND 600,000 shall be imposed upon a vehicle operator
who commits any of the following violations:
a) Turning without slowing down or
signaling (unless going along a curved segment where there is no level
crossing);
b) Carrying 03 people or more on
the vehicle;
c) Continuously honking, revving
the engine in urban areas or residential areas, except for the emergency
vehicles on duty;
d) Stopping or parking on a bridge;
dd) Going in groups in a manner
that obstructs the traffic, except for the cases permitted by competent
authorities;
e) Operating a vehicle that
involves in an accident without stopping the vehicle, protecting the crash
scene, or giving first aid to the victims, except for the violations specified
in Point dd Clause 8 of this Article;
g) Failure to keep the vehicle to
the right; going in the wrong lane; crossing the median strip; going on a
sidewalk unless for entering a house;
h) Overtaking on the right side
where prohibited;
i) Entering prohibited areas, roads
erected with signs prohibiting entry of operated vehicles, except for
violations specified in Clause 5, Point b Clause 6 of this Article and
emergency vehicles on missions;
k) The operator’s or passenger’s
pulling or pushing another vehicle or item while sitting on the vehicle;
leading an animal or carrying a bulky object while sitting on the vehicle;
standing on the seat, the cargo bracket, or sitting on the handle; loading
cargo to the vehicle beyond permissible limits; towing another vehicle or
object;
l) Exceeding the gross vehicle
weight rating (GVWR) written on the Certificate of vehicle registration (if the
GVWR is stated);
m) Failure to turn on low beam
while operating the vehicle in a road tunnel.
4. A fine ranging from
VND 600,000 to VND 1,000,000 shall be imposed upon a vehicle operator
who commits any of the following violations:
a) Exceeding the speed limits by 10
km/h - 20 km/h;
b) Stopping or parking at
inappropriate positions in a road tunnel;
c) Overtaking in cases where
overtaking is prohibited, overtaking on roads erected with signs prohibiting
operated vehicles from overtaking, except for violations specified in Point h
Clause 3 of this Article;
d) Overtaking in road tunnels in
inappropriate places; making u-turn in road tunnels;
dd) Failure to yield to or
obstructing emergency vehicles that are sending out emergency signals;
e) Failure to comply with the
traffic lights;
g) Failure to obey the orders or
instructions of the traffic conductor or traffic guard;
h) Using an umbrella, cell phone,
or audio device other than hearing aid devices while operating the vehicle.
5. A fine ranging from VND
1,000,000 to VND 2,000,000 shall be imposed upon vehicle operators entering
blocked roads or restricted areas; going against traffic direction of one-way
roads or roads where “Cấm đi ngược chiều” (No entry) signs are erected, except
for the violations specified in Point b Clause 6 of this Article and emergency
vehicles on duty as per the law.
6. A fine ranging from
VND 2,000,000 to VND 3,000,000 shall be imposed upon a vehicle
operator who commits any of the following violations:
a) Letting the sidestand or other
object touching against the road while running;
b) Entering a freeway, except for
the vehicles serving the management and maintenance of the freeway;
c) Operating a vehicle under the
influence of alcohol but BAC does not exceed 50 mg per 100 ml of blood or BrAC
does not exceed 0.25 mg per liter of breath;
7. A fine ranging from
VND 4,000,000 to VND 5,000,000 shall be imposed upon a vehicle
operator who commits any of the following violations:
a) Exceeding the speed limits by
more than 20 km/h;
b) Failure to observe, operating
the vehicle exceeding speed limit thus causing accidents; entering a freeway, stopping,
parking, making a u-turn, backing, avoiding, overtaking, changing direction or
changing lanes against regulations and law causing accidents; failure to
operate in correct sections, lanes, failure to maintain safety distance between
2 vehicles as per the law thus causing accidents or entering roads erected with
signs prohibiting entry of operated vehicles, going against traffic direction
on one-way roads or on roads erected with “Cấm đi ngược chiều” (No entry) signs
causing accidents, except for violations specified in Point d Clause 8 of this
Article;
c) Operating the vehicle while BAC
exceeds 50 - 80 mg per 100 ml of blood, or BrAC exceeds 0.25 - 0.4 mg per liter
of breath.
8. A fine ranging from
VND 6,000,000 to VND 8,000,000 shall be imposed upon a vehicle
operator who commits any of the following violations:
a) Release both hands while
operating the vehicle; steering with the legs; sitting on one side to operate
the vehicle; lying on the seat while operating the vehicle; swapping positions
while operating the vehicle; turning the whole body to the back or wearing a
blind fold while operating the vehicle;
b) Weaving on public roads whether
inside or outside an urban area;
c) Running on one wheel (or two
wheel if the vehicle is a motor tricycle);
d) Exceeding the speed limits in a
group of 02 vehicles or more;
dd) Failure to stop, protect the
scene, inform the authority, or give first aid to the victim after causing an
accident;
e) Operating the vehicle while BAC
exceeds 80 mg per 100 ml of blood or BrAC exceeds 0.4 mg per liter of breath;
g) Failure to comply with the law
enforcement officer’s order for alcohol content testing;
h) Operating vehicles on roads
under influence of narcotics;
i) Failure to comply with traffic
conductor’s or law enforcement officer’s order for drug testing.
9. A fine ranging from
VND 10,000,000 to VND 14,000,000 shall be imposed upon an operator
who commits any of the violations specified in Points a, b, c or d Clause 8 of
this Article and causes a traffic accident or fails to stop on a law
enforcement officer’s order.
10. Apart from incurring fines, the
violating operator shall also incur the following additional penalties:
a) The violation(s) specified in
Point g Clause 2 of this Article shall lead to confiscation of the warning
device(s) installed illegally;
b) The violation(s) specified in
Points b, e and i Clause 3; Points dd, e, g and h Clause 4; Clause 5 of this
Article shall lead to suspension of driving license from 1 month to 3 months;
c) The violation(s) specified in
Point a Clause 6; Points a and b Clause 7; Points a, b, c and d Clause 8 of
this Article shall lead to suspension of driving license from 2 months to 4
months; repetition or multiple violations of offence(s) specified in Points a,
b, c and d Claus 8 of this Article shall lead to suspension of driving license
from 3 months to 5 months and confiscation of vehicle. Committing violation(s)
specified in Points a, g, h, k, l, m and q of Clause 1; Points b, d, e, g, l
and m of Clause 2; Points b, c, k and m of Clause 3; Points dd, e, g and h of
Clause 4 of this Article and causing accidents shall lead to suspension of
driving license from 2 months to 4 months;
d) The violation(s) specified in
Point b Clause 6; Point dd Clause 8; Clause 9 of this Article shall lead to
suspension of driving license from 3 months to 5 months;
dd) The violation(s) specified in
Point c Clause 6 of this Article shall lead to suspension of driving license
from 10 months to 12 months;
e) The violation(s) specified in
Point c Clause 7 of this Article shall lead to suspension of driving license
from 16 months to 18 months;
g) The violation(s) specified in
Points e, g, h and i Clause 8 of this Article shall lead to suspension of
driving license from 22 months to 24 months;
Article 7.
Penalties imposed upon operators of tractors and heavy-duty vehicles
(hereinafter referred to as vehicles) violating traffic rules
1. A fine ranging from
VND 100,000 to VND 200,000 shall be imposed upon a vehicle operator
who commits any of the following violations:
a) Failure to comply with road
signs and road markings, except for violations specified in Points a, b, c, d,
dd and e Clause 2; Points a, b, c, dd , h and i Clause 3; Points a, b, c, d, dd
and g Clause 4; Points a, c and dd Clause 5; Points a and b Clause 6; Point a
Clause 7; Points a and b Clause 8 of this Article;
b) Turning without yielding to the
pedestrians and wheelchairs of the disabled that cross the street at
crosswalks, or without yielding to non-motorized vehicles running in the cycle
lane;
c) Turning without yielding to the
oncoming vehicles, the pedestrians and wheelchairs of the disabled that cross
the street at other positions than crosswalks.
2. A fine ranging from
VND 200,000 to VND 400,000 shall be imposed upon a vehicle operator
who commits any of the following violations:
a) Making a u-turn at pedestrian
crossings, on bridges, bridge approaches, in tunnels, under overpass, except
for cases in which places for u-turn are established in locations above;
b) Reversing the vehicle on a
one-way road or a road where a “Cấm đi ngược chiều” (No entry) sign is erected,
where stopping is prohibited, at a crosswalk, at an intersection with another
road or railway, where view is blocked; reversing the vehicle without observation
or without signals;
c) Parking on the sidewalk against
the law;
d) Stopping, parking on the roadway
outside urban areas where the sidewalk is spacious; stopping or parking away
from the right curb where the sidewalk is narrow or unavailable; stopping or
parking against traffic direction of the lane; stopping or parking on median
strip between carriageway; stopping or parking at inappropriate positions where
parking positions are provided; parking on a slope without chocking the wheels;
stopping where a “Cấm dừng xe và đỗ xe” (No stopping and parking) sign is
erected; parking where a “Cấm đỗ xe” (No parking) sign “or “Cấm dừng xe và đỗ
xe” (No stopping and parking) sign is erected, except for the violations
specified in Point a Clause 6 of this Article;
dd) Stopping or parking on the left
side of a one-way road or left of a dual carriageway, on a curved road or near
the top of the slope where view is blocked, on a bridge, under an overpass,
parallel to a stopping or parking vehicle, at an intersection within 05 m from
the edge of the intersection, at a bus stop, in front of or within 05 m beside
a gate of an organization that has car way, on a road that is wide enough for
only one lane; stopping or parking in a manner that block road signs; on median
strip except for violations specified in Point a Clause 6 of this Article;
e) Stopping or parking on the
roadway against the law in urban area;; stopping on the tramway or bus lane;
stopping right above a manhole, cable duct opening, at a fire hydrant or
crosswalk; get out of the driving position or turning off the engine while
stopping; opening the door carelessly or leaving the door unsafely open;
g) Stopping or parking without
signaling;
h) Occupying part of the roadway
when parking on the street without placing a warning sign as prescribed, except
for the violations specified in Point a Clause 6 of this Article and parking at
permissible positions;
3. A fine ranging from
VND 400,000 to VND 600,000 shall be imposed upon a vehicle operator
who commits any of the following violations:
a) Exceeding the speed limits by
from 5 km/h to under 10 km/h;
b) Entering prohibited areas, roads
erected with signs prohibiting entry of operated vehicles, except for
violations specified in Point c Clause 4; Point a Clause 8 of this Article and
emergency vehicles on missions
c) Failure to keep the vehicle to
the right; going in the wrong lane (along or against traffic direction) ;
crossing the median strip, except for cases specified in Points c and d Clause
4; Point a Clause 8 of this Article;
d) Continuously honking, revving
the engine, using the high beam in the urban area or residential area, except
for emergency vehicles on duty;
dd) Failure to yield to vehicles in
the emergency lane or on the major road at an intersection;
e) Failure to turn on the lights or
using insufficient lighting from 7 pm to 5 am or in a foggy or bad weather when
visibility is short; using the full beam when facing oncoming vehicles;
g) Operating a vehicle that
involves in an accident without stopping the vehicle, protecting the crash
scene, or giving first aid to the victims, except for the violations specified
in Point c Clause 8 of this Article;
h) Dodging other vehicles
improperly; failure to yield to oncoming vehicles where the road is narrow,
sloping, or obstructed;
i) Operating the vehicle at a lower
speed than the lowest permissible speed.
4. A fine ranging from
VND 800,000 to VND 1,000,000 shall be imposed upon a vehicle operator
who commits any of the following violations:
a) Exceeding the speed limits by 10
km/h - 20 km/h;
b) Failure to turn on low beam
while operating the vehicle in a road tunnel.
c) Entering a blocked road or
restricted area; going against traffic direction of a one-way road or a road
where a “Cấm đi ngược chiều” (No entry) sign is erected, except for the
violations specified in Point a Clause 8 of this Article and emergency vehicles
on duty;
d) Failure to obey the rules when
entering or leaving the freeway; going in the emergency lane or on the shoulder
of the freeway; changing lanes on a freeway at inappropriate positions or
without signals; failure to keep a safe following distance on the freeway;
dd) Failure to obey the regulations
on stopping or parking at intersection with the railway; stopping or parking
within the railway safety perimeter, except for the violations specified in
Point b Clause 2, Point b Clause 3 Article 49 hereof;
e) Failure to yield to or
obstructing emergency vehicles on duty that are sending out emergency signals;
g) Making a u-turn at a level
crossing; making a u-turn at narrow section of the road, on a slope, on a curve
section of the road with limited sight or at location erected with the sign
“Cấm quay đầu xe” (No u-turn allowed).
5. A fine ranging from
VND 1,000,000 to VND 2,000,000 shall be imposed upon a vehicle
operator who commits any of the following violations:
a) Backing or making a u-turn in
road tunnels;
b) Failure to take safety measures
when the vehicle breaks down at a level crossing;
c) Stopping or parking at
inappropriate positions in a road tunnel;
d) Failure to obey the orders or
instructions of the traffic conductor or traffic guard;
dd) Failure to comply with the
traffic lights.
6. A fine ranging from
VND 3,000,000 to VND 5,000,000 shall be imposed upon a vehicle
operator who commits any of the following violations:
a) Stopping or parking on freeway
in locations against regulations and law; failure to provide signals to inform
other drivers in case of compulsory stop or parking on freeway in locations
against regulations and law; making a u-turn on freeway;
b) Exceeding the speed limits by
more than 20 km/h;
c) Operating a vehicle under the
influence of alcohol but BAC does not exceed 50 mg per 100 ml of blood or BrAC
does not exceed 0.25 mg per liter of breath.
7. A fine ranging from
VND 6,000,000 to VND 8,000,000 shall be imposed upon a vehicle
operator who commits any of the following violations:
a) Failure to observe, operating
the vehicle exceeding speed limit thus causing accidents; stopping, parking,
making a u-turn, backing, avoiding, overtaking, changing direction or changing
lanes against regulations and law causing accidents; failure to operate in
correct sections, lanes, failure to maintain safety distance between 2 vehicles
as per the law thus causing accidents or entering roads erected with signs
prohibiting entry of operated vehicles, going against traffic direction on
one-way roads or on roads erected with “Cấm đi ngược chiều” (No entry) signs
causing accidents, except for violations specified in Points a and b Clause 8
of this Article;
b) Operating a vehicle while BAC
exceeds 50 - 80 mg per 100 ml of blood or BrAC exceeds 0.25 - 0.4 mg per liter
of breath;
8. A fine ranging from
VND 10,000,000 to VND 12,000,000 shall be imposed upon a vehicle
operator who commits any of the following violations:
a) Backing on a freeway; going
against traffic direction on a freeway;
b) Operating a heavy-duty vehicles
with a designed maximum speed below 70 km/h or an agricultural tractor on a
freeway, except for the vehicles and equipment serving the management and
maintenance of the freeway;
c) Failure to stop, protect the
scene, inform the authority, or give first aid to the victim after causing an
accident.
9. A fine ranging from
VND 16,000,000 to VND 18,000,000 shall be imposed upon a vehicle
operator who commits any of the following violations:
a) Operating the vehicle while BAC
exceeds 80 mg per 100 ml of blood, or BrAC exceeds 0.4 mg per liter of breath;
b) Failure to comply with the law
enforcement officer’s order for alcohol content testing;
c) Operating vehicles on roads
under influence of narcotics;
d) Failure to comply with traffic
conductor’s or law enforcement officer’s order for drug testing.
10. Apart from incurring fines, the
violating operator shall also incur the following additional penalties:
a) The violation(s) specified in
Points b, c and g Clause 3; Points a, c, d and e Clause 4; Clause 5 of this
Article shall lead to suspension of driving license (when operating tractors)
and certificates of training in knowledge about the road traffic law (when
operating heavy-duty vehicles) from 1 month to 3 months;
b) The violation(s) specified in
Points a and b Clause 6; Point a Clause 7 of this Article shall lead to
suspension of driving license (when operating tractors) and certificates of
training in knowledge about the road traffic law (when operating heavy-duty
vehicles) from 2 months to 4 months. Committing violation(s) specified in Point
a Clause 1; Points e, g and h Clause 2; Points d, dd, e and i Clause 3; Points
b, d and e Clause 4; Points b, d and dd Clause 5 of this Article and causing
accidents shall lead to suspension of driving license (when operating tractors)
and certificates of training in knowledge about the road traffic law (when
operating heavy-duty vehicles) from 2 months to 4 months;
c) The violation(s) specified in
Clause 8 of this Article shall lead to suspension of driving license (when
operating tractors) and certificates of training in knowledge about the road
traffic law (when operating heavy-duty vehicles) from 5 months to 7 months;
d) The violation(s) specified in
Point c Clause 6 of this Article shall lead to suspension of driving license
(when operating tractors) and certificates of training in knowledge about the
road traffic law (when operating heavy-duty vehicles) from 10 months to 12
months;
dd) The violation(s) specified in
Point b Clause 7 of this Article shall lead to suspension of driving license
(when operating tractors) and certificates of training in knowledge about the
road traffic law (when operating heavy-duty vehicles) from 16 months to 18
months;
e) The violation(s) specified in
Clause 9 of this Article shall lead to suspension of driving license (when
operating tractors) and certificates of training in knowledge about the road
traffic law (when operating heavy-duty vehicles) from 22 months to 24 months;
Article 8.
Penalties imposed upon operators of bicycles, motored bicycles (including
electric bicycles), and other non-motorized vehicles violating traffic rules
1. A fine ranging from
VND 80,000 to VND 100,000 shall be imposed upon a vehicle operator
who commits any of the following violations:
a) Failure to keep the vehicle to
the right; going in the wrong lane;
b) Stopping suddenly; turning
without signaling;
c) Failure to comply with traffic
signs and road markings, except for violations specified in Point dd Clause 2,
Point c Clause 3 of this Article;
d) Overtaking on the right side
where prohibited;
dd) Stopping, parking on the
roadway outside urban areas where sidewalks are available;
e) Going through a road tunnel
without turning on the lights; making a u-turn in a road tunnel; stopping or
parking at inappropriate positions in a road tunnel;
g) Going three abreast or more with
bicycles, motored bicycles; going two abreast or more with other non-motorized
vehicles;
h) Using an umbrella or cell phone
while operating the bicycle or motored bicycle; using an umbrella while sitting
on the bicycle or motored bicycle;
i) Operating a non-motorized
vehicle at night without lights or reflectors;
k) Placing the vehicle on the
roadway or sidewalk against the law; parking on the roadway in a manner that
obstructs the traffic; parking on the tramway or on the bridge in a manner that
obstructs the traffic;
l) Failure to obey the regulations
on stopping or parking at level crossing except for violations specified in
Point b Clause 2, Point b Clause 3 Article 49 hereof;
m) Using trolleys as street kiosks
in a manner that obstructs the traffic;
n) Failure to yield to vehicles in
the emergency lane or on the major road at an intersection;
o) Carrying more people than the
legal limit, unless the person being carried needs emergency care;
p) Loading cargo to the vehicle
beyond the legal limit; stacking goods unsafely or in a manner that obstructs
the traffic and block the operator’s view;
q) Operating a vehicle under the
influence of alcohol but BAC does not exceed 50 mg per 100 ml of blood or BrAC
does not exceed 0.25 mg per liter of breath.
2. A fine ranging from
VND 100,000 to VND 200,000 shall be imposed upon a vehicle operator
who commits any of the following violations:
a) Releasing both hands while
operating a bicycle or motored bicycle; suddenly making a turn in front of a
moving motor vehicle; steering a bicycle or motored bicycle with the legs;
b) Failure to comply with orders or
instructions of the traffic conductor or traffic guard;
c) Pulling or pushing another
vehicle or object or carrying bulky objects while operating or sitting on the
vehicle; towing another vehicle or object.
d) Failure to allow other vehicles
to overtake at their request when it is safe to do so; preventing motor
vehicles from overtaking; obstructing emergency vehicles;
dd) Failure to comply with the
traffic lights.
3. A fine ranging from
VND 200,000 to VND 300,000 shall be imposed upon a vehicle operator
who commits any of the following violations:
a) Weaving, speeding and chasing on
public roads;
b) Running on one wheel (or two
wheel if the vehicle is a tricycle);
c) Entering restricted areas; roads
erected with signs prohibiting entry of operated vehicles; going against
traffic direction on one-way streets, roads erected with “Cấm đi ngược chiều”
(No entry) signs;
d) The operator of motored bicycle
(including electric bicycle) not wearing motorcycle helmets properly or wearing
helmets improperly;
dd) Carrying a person on a motored
bicycle (including electric bicycle) who does not wear the motorcycle helmet or
does not wear the helmet properly, unless that person is a patient who needs
urgent medical care, a child under 06 years of age, or a criminal being
escorted;
e) Operating a vehicle while BAC
exceeds 50 - 80 mg per 100 ml of blood or BrAC exceeds 0.25 - 0.4 mg per liter
of breath;
4. A fine ranging from
VND 400,000 to VND 600,000 shall be imposed upon a vehicle operator
who commits any of the following violations:
a) Entering a freeway, except for
the vehicles serving the management and maintenance of the freeway;
b) Failure to stop, protect the
scene, inform the authority, or give first aid to the victim after causing an
accident;
c) Operating the vehicle while BAC
exceeds 80 mg per 100 ml of blood or BrAC exceeds 0.4 mg per liter of breath;
d) Failure to comply with the law
enforcement officer’s order for alcohol content testing.
5. Apart from incurring fines, the
vehicle operator that recommits or commits many of the violations specified in
Point a and Point b Clause 3 of this Article shall also have his/her vehicle
confiscated.
Article 9.
Penalties imposed upon pedestrians violating traffic rules
1. A fine ranging from
VND 60,000 to VND 100,000 shall be imposed upon a pedestrian who
commits any of the following violations:
a) Failure to stay on designated section
of the road; crossing the median strip; crossing the street unsafely or at
inappropriate positions;
b) Failure to comply with traffic
light, traffic signs and road markings, except for violations specified in
Clause 2 of this Article;
c) Failure to obey the orders or
instructions of the traffic conductor or traffic guard;
d) Carrying bulky objects in a
manner that obstructs the traffic;
dd) Hanging from a moving vehicle.
2. A fine ranging from
VND 100,000 to VND 200,000 shall be imposed upon a pedestrian that
walks on a freeway, except for the persons in charge of management and
maintenance of the freeway.
Article 10.
Penalties imposed upon people riding, leading animals, or operating of
animal-powered vehicles violating traffic rules
1. A fine ranging from
VND 60,000 to VND 100,000 shall be imposed for:
a) Failure to give way; failure to
give hand signals when making a turn;
b) Failure to comply with traffic
light, traffic signs and road markings, except for violations specified in
Clause 3 of this Article;
c) Failure to bring adequate
equipment to contain waste matters of animals or failure to clean up waste
matters of animals on the street;
d) Riding or leading animals on the
wrong part of the street; taking them to a blocked road, restricted area, or
roadway;
dd) Allowing an animal to walk on
public roads or cross the street by itself;
e) Going two abreast or more;
g) Leaving an animal drawing a
vehicle without a rider;
h) Using a vehicle without signals.
2. A fine ranging from
VND 100,000 to VND 200,000 shall be imposed for:
a) Failure to obey the orders or
instructions of the traffic conductor or traffic guard;
b) Leading an animal while
operating or sitting in/on a road vehicle;
c) Loading cargo to the vehicle
beyond the legal limit.
3. A fine ranging from
VND 400,000 to VND 600,000 shall be imposed upon any person who rides
or leads an animal on a freeway or operates an animal-powered vehicle on a
freeway.
Article 11.
Penalties for other violations against traffic rules
1. A fine ranging from VND 80,000
to VND 100,000 shall be imposed on persons sitting on bicycles and motored
bicycles using umbrellas.
2. A fine ranging from
VND 100,000 to VND 200,000 shall be imposed upon any person who:
a) Gathering, sitting, lying on
public roads in a manner that obstructs the traffic;
b) Playing sports illegally on
public roads; using roller skates, skateboards and the likes on the roadway;
c) Person sitting on motorcycles,
mopeds (including electric mopeds), motorcycle-like vehicles and moped-like
vehicles using umbrellas;
d) Persons sitting on bicycles and
motored bicycles hanging onto, pulling or pushing other vehicles, other objects
or carrying bulky objects.
3. A fine ranging from VND 200,000
to VND 300,000 shall be imposed on persons sitting on motorcycles, mopeds
(including electric mopeds), motorcycle-like vehicles, moped-like vehicles,
motored bicycles (including electric bicycles) who do not wear motorcycle
helmets or improperly wear motorcycle helmets while participating in traffic.
4. A fine ranging from
VND 200,000 to VND 400,000 shall be imposed upon an individual and
from VND 400,000 to VND 800,000 upon an organization that places
objects blocking a road sign or traffic light.
5. A fine ranging from VND 300,000
to VND 500,000 shall be imposed on persons on motorcycles who fail to fasten
the seat belts (if available) while the vehicle is running.
6. A fine ranging from VND 400,000
to VND 600,000 shall be imposed on persons on motorcycles, mopeds (including
electric mopeds), motorcycle-like vehicles and moped-like vehicles hanging
onto, pulling or pushing other vehicles, other objects, leading animals,
carrying bulky objects, standing on the seat, cargo racks or sitting on the
handles.
7. A fine ranging from
VND 500,000 to VND 1,000,000 shall be imposed upon an individual,
from VND 1,000,000 to VND 2,000,000 upon an organization that commits
any of the following violations:
a) Failure to assist a road
accident victim on request;
b) Throwing stones, dirt, or other
objects at a vehicle running on public roads.
8. A fine ranging from VND
2,000,000 to VND 4,000,000 shall be imposed on individuals and from VND
4,000,000 to VND 8,000,000 shall be imposed on organizations deliberately altering
or destroying accident scenes, except for violations specified in Point dd
Clause 2, Point d Clause 8 Article 5; Point e Clause 3, Point dd Clause 8
Article 6; Point g Clause 3, Point c Clause 8 Article 7; Point b Clause 4
Article 8 of this Decree.
9. A fine ranging from VND
4,000,000 to VND 6,000,000 shall be imposed on individuals and from VND
8,000,000 to VND 12,000,000 shall be imposed on organizations obstructing or
failing to comply with request for inspection and control of law enforcers,
except for violations specified in Clause 9, Points b and d Clause 10 Article
5; Points g and i Clause 8, Clause 9 Article 6; Points b and d Clause 9 Article
7; Point d Clause 4 Article 8; Point b Clause 6 Article 33 of this Decree.
10. A fine ranging from VND 6,000,000
to VND 8,000,000 shall be imposed upon any person:
a) Spreading nails or other pointed
objects on public roads, spilling oil or other slippery substances on public
roads; stretching strings or placing obstacles on public roads that threaten
people and vehicles in traffic;
b) Infringing upon the health or
belongings of the victim or the culprit;
c) Taking advantage of the accident
to attack, threaten, inciting, harassing other people, disturb the order, or
obstruct the handling of the road collision.
11. Apart from incurring fines, a
vehicle operator that commits any of the violations specified in Clause 10 of
this Article shall also have his/her driving license suspended for 1 - 3
months.
12. Apart from incurring penalties,
following remedial measures shall also be adopted:
a) Individuals and organizations
committing violations specified in Clause 4 of this Article must remove objects
obstructing vision of traffic signs and traffic lights;
b) Individuals and organizations
committing violations specified in Point a Clause 10 of this Article must
collect pointy, sharp objects, string or other obstacles and restore to
original conditions prior to the administrative violations.
Section 2.
VIOLATIONS AGAINST REGULATIONS ON ROAD INFRASTRUCTURE
Article 12.
Penalties for violations against regulations on the use of land area for road
traffic
1. A fine ranging from
VND 100,000 to VND 200,000 shall be imposed upon an individual, from
VND 200,000 to VND 400,000 upon an organization that commits any of
the following violations:
a) Hawking on the roadway or on the
sidewalk where street vendors are prohibited, except for the violations
specified in Point c Clause 2, Point b Clause 5, Point e Clause 6 of this
Article;
b) Airing out rice, straw, or other
agricultural, forestry, aquaculture products on public roads; placing a
threshing machine on the roadway.
2. A fine ranging from
VND 300,000 to VND 400,000 shall be imposed upon an individual, from
VND 600,000 to VND 800,000 upon an organization that commits any of
the following violations:
a) Using the land within the road
safety corridor for farming purposes threatening the safety of the road
infrastructure and the traffic;
b) Planting trees within the land
area for road traffic blocking the view of road users;
c) Illegally occupying the median
strip to place building materials or display, sell goods, except for the
violations specified in Point b Clause 5; Point d, Point e Clause 6 of this
Article;
d) Trading goods within the land
area for road traffic outside urban areas, except for the violations specified
in Point d Clause 5; Point d, Point i Clause 6 of this Article;
dd) Releasing water on roads where
not allowed to, except for violations specified in Point h Clause 6 of this
Article.
3. A fine ranging from VND 500,000
to VND 1,000,000 shall be imposed upon an individual, from
VND 1,000,000 to VND 2,000,000 upon an organization that commits any
of the following violations:
a) Holding artistic activities,
sports competitions, parades, or festivals on the street against the law;
b) Raising an ornamental gate or
other obstacles within the land area for road traffic affecting road traffic
safety and order;
c) Illegally raising a banner
within the land area for road traffic affecting road traffic safety and order;
d) Placing, hanging an advertising
board within the land area for road traffic outside urban areas, except for the
violations specified in Point b Clause 8 of this Article;
dd) Occupying the median strip to
provide parking services;
e) Illegally using land area for
road traffic outside urban areas to repair vehicles, machinery and equipment,
wash vehicles, or pump water affecting road traffic safety and order.
4. A fine ranging from VND
1,000,000 to VND 2,000,000 shall be imposed on an individual and from VND
2,000,000 to 4,000,000 on an organization for dumping garbage on roads where
not allowed to, except for violations specified in Point a Clause 6 of this
Article; Clauses 3 and 4 Article 20 of this Decree.
5. A fine ranging from VND 2,000,000
to VND 3,000,000 shall be imposed upon an individual, from
VND 4,000,000 to VND 6,000,000 upon an organization that commits any
of the following violations:
a) Erecting a booth, tent, gate,
fences, walls, or other types of temporary works within the land area for road
traffic, except for the violations specified in Point dd Clause 6, Point b
Clause 8 and Point a Clause 9 of this Article;
b) Holding market; selling food and
drink; displaying and selling goods placing signboards; repairing vehicles,
machinery and equipment; washing vehicles; placing a signboard or advertising
board; building or placing a platform; raising a roof or doing other activities
on the roadway or sidewalk in a manner that obstructs the traffic, except for
the violations specified in Point d, Point dd, Point e, Point g Clause 6;
Clause 7; Point a Clause 8 of this Article;
c) Illegally occupying less than 5
m2 of the roadway or sidewalk within an urban area to provide
parking services;
d) Illegally occupying less than 20
m2 of the roadway or sidewalk outside urban areas to provide parking
services.
6. A fine ranging from
VND 4,000,000 to VND 6,000,000 shall be imposed upon an individual,
from VND 8,000,000 to VND 12,000,000 upon an organization that
commits any of the following violations:
a) Dumping, placing materials or
wastes within the land area for road traffic, except for the violations
specified in Clause 3, Clause 4 of Article 20 hereof;
b) Digging, leveling land within
the road safety corridor, land area along the sides of the road dedicated to
management, maintenance or protection or road infrastructure without
permission;
c) Adding irrelevant information to
road signs without permission;
d) Illegally using land for road
traffic or road safety corridor to store goods, building materials, machinery,
equipment, or other objects;
dd) Erecting a booth, tent, or
other kinds of temporary works in the road tunnel, overpass, pedestrian
overpass or underpass, or under the overpass, except for violations specified
in Point a Clause 9 of this Article;
e) Displaying, selling machinery,
equipment, building materials or manufacturing or processing goods on the
roadway or sidewalk in an urban area;
g) Illegally occupying from 5 m2
to under 10 m2 of the roadway or sidewalk to provide parking
services;
h) Discharging sewage from a
construction site to the street;
i) Illegally occupying 20 m2
of the roadway or sidewalk or more outside urban areas to provide parking
services.
7. A fine ranging from
VND 6,000,000 to VND 8,000,000 VND shall be imposed upon an
individual, from VND 12,000,000 to VND 16,000,000 upon an
organization that illegally occupies from 10 m2 to under 20 m2
of the roadway or sidewalk within an urban area to provide parking services.
8. A fine ranging from
VND 10,000,000 to VND 15,000,000 shall be imposed upon an individual,
from VND 20,000,000 to VND 30,000,000 upon an organization that
commits any of the following violations:
a) Illegally occupying 20 m2
of the roadway or sidewalk or more in an urban area to provide parking
services;
b) Erecting an advertising board
within the road safety corridor without written approval by competent
authorities; Erecting an advertising board on the a side of the road which is
dedicated to management, maintenance, or protection of road infrastructure.
9. A fine ranging from
VND 15,000,000 to VND 20,000,000 shall be imposed upon an individual,
from VND 30,000,000 to VND 40,000,000 upon an organization that
commits any of the following violations:
a) Appropriating land of road or
land along road safety corridor for housing construction;
b) Illegally opening a minor road
that connects to a major road.
10. Apart from incurring penalties,
following remedial measures shall also be adopted:
a) The violation(s) specified in
Point b Clause 1 of this Article shall lead to retrieval of rice, straw,
agro-forestry-fishery products and equipment on roads;
b) The violation(s) specified in
Points a and b Clause 2 of this Article shall lead to removal of trees planted
in inappropriate locations and restoration to original conditions prior to the
administrative violations;
c) The violation(s) specified in
Points c and d Clause 2 of this Article shall lead to collection of pointy,
sharp objects, string or other obstacles and restoration to original conditions
prior to the administrative violations;
d) The violation(s) specified in
Clause 3; Clause 4; Points b, c and d Clause 5; Points a, b, c, d, e, g, h and
i Clause 6; Clause 7; Point a Clause 8 of this Article shall lead to cleaning
of garbage, waste matters, vehicles, materials, goods, machinery, equipment,
signboards, advertising panels and other objects and restoration to original
conditions prior to the administrative violations;
dd) The violation(s) specified in
Point a Clause 5, Point dd Clause 6, Point b Clause 8, Clause 9 of this Article
shall lead to deconstruction of constructions illegally built (without permit
or different from permits) and restoration to original conditions prior to the
administrative violations.
Article 13. Penalties
for violations against regulations on construction and maintenance of works
within the land area for road traffic
1. Warnings or a fine ranging from
VND 250,000 to VND 500,000 shall be imposed on an individual and from VND
500,000 to VND 1,000,000 on an organization which constructs on road works in
operation without erecting construction notice boards or erecting inadequate
construction notice boards as per the law.
2. A fine ranging from
VND 1,000,000 to VND 3,000,000 shall be imposed upon an individual,
from VND 2,000,000 to VND 6,000,000 upon an organization that commits
any of the following violations:
a) Executing construction within
the land area for road traffic against a license for construction or agreement
of a competent authority, except for the violations specified in Clause 3,
Point a Clause 4, Clause 5 of this Article;
b) Failure to appoint people to
control the traffic if the construction site is located at a narrow road, the
end of a bridge or tunnel;
c) Placing building materials or
equipment outside the construction site in a manner that obstructs the traffic;
d) Failure to remove the signs,
fences, building equipment, materials, or failure to restore the original
condition of the road (roadway, sidewalk, and the land area at the sides of the
road dedicated to management, maintenance, and protection or work
constructions) after the construction is completed.
3. A fine ranging from
VND 3,000,000 to VND 5,000,000 shall be imposed upon an individual,
from VND 6,000,000 to VND 10,000,000 upon an organization that
commits any of the following violations:
a) Executing construction within
the land area for road traffic under an expired license for construction or
under an agreement with a competent authority in which the time limit for construction
has expired;
b) Executing construction on a road
in operation without taking any measure for ensuring continuous traffic and
thus causing serious traffic congestion.
4. A fine ranging from
VND 5,000,000 to VND 7,000,000 shall be imposed upon an individual,
from VND 10,000,000 to VND 14,000,000 upon an organization that
commits any of the following violations:
a) Executing construction on an
operating road without placing adequate warning signs, markings and fences;
failure to put red lights at two ends of the road segment under construction;
b) Executing construction within
the land area for road traffic without a license for construction or agreement
with a competent authority, except for the violations specified in Point a
Clause 3 of this Article.
5. A fine ranging from
VND 10,000,000 to VND 15,000,000 shall be imposed upon an individual,
from VND 20,000,000 to VND 30,000,000 upon an organization that
commits any of the following violations:
a) Executing construction on an
urban road against the construction plan or behind schedule;
b) Executing construction on an
operating road without taking adequate measures to ensure traffic safety as
prescribed and thus causing a traffic accident;
c) Executing construction on an
operating road without placing any warning signs, markings and fences, except
for the violations specified in Point a Clause 4 of this Article.
6. Apart from incurring fines, the
organization or individual that commits any of the violations specified in
Point a Clause 2, Point b Clause 3, Point c Clause 5 of this Article shall also
be suspended from construction or has the construction license (if any)
suspended from 1 month to 3 months.
7. Apart from incurring penalties,
following remedial measures shall also be adopted:
a) The violation(s) specified in
Clause 1 of this Article shall lead to erection of construction notice boards
displaying adequate information as per the law;
b) The violation(s) specified in
Points a and b Clause 2; Clause 3; Point a Clause 4; Clause 5 of this Article
shall lead to immediate adoption of measures to ensure traffic safety as per
the law;
c) The violation(s) specified in
Points c and d Clause 2; Point b Clause 4 of this Article shall lead to
immediate adoption of measures to ensure traffic safety as per the law and
restoration to original conditions prior to the administrative violations.
Article 14.
Penalties for violations against regulations on bus stations, parking lots,
rest stops, and tollbooths
1. A fine ranging from
VND 15,000,000 to VND 20,000,000 shall be imposed upon an individual,
from VND 30,000,000 to VND 40,000,000 upon an organization that
commits any of the following violations:
a) Constructing or establishing bus
stations, parking lots, rest stops and tollbooths without acceptance of regulatory
agencies regarding transport as per the law;
b) Constructing bus station,
parking lots, rest stops and tollbooths without satisfying technical standards
as per the law.
2. Apart from incurring penalties,
following remedial measures shall also be adopted:
a) The violation(s) specified in
Point a Clause 1 of this Article shall lead to removal of illegal construction
and restoration to the original condition prior to the administrative
violations;
b) The violation(s) specified in
Point b Clause 1 of this Article shall also lead to reconstruction of bus
stations, parking lots, rest stops and tollbooths as per the law and
satisfactory to technical standards.
Article 15.
Penalties for violations against regulations on management, operation,
maintenance, and protection of road infrastructure
1. A fine ranging from
VND 60,000 to VND 100,000 shall be imposed upon an individual that
commits any of the following violations:
a) Herding animals at the road
slopes; tying animals to the trees along the road, to a milestone, road sign,
fence, or any ancillary work of the road;
b) Climbing the abutment, pier, or
girder of the bridge without permission.
2. A fine ranging from
VND 200,000 to VND 300,000 shall be imposed upon an individual, from
VND 400,000 to VND 600,000 upon an organization that commits any of
the following violations:
a) Setting fire on a bridge or
under a bridge without permission; anchoring the boat or ship under a bridge or
within the safety corridor of a bridge;
b) Illegally embanking and pumping
water onto the roadway; placing pipes across the road to pump water or sand,
setting fire of public roads without permission.
3. A fine ranging from
VND 6,000,000 to VND 8,000,000 shall be imposed upon the organization
responsible for management, operation, maintenance of road infrastructure that
commits any of the following violations:
a) Failure to replace or repair the
danger signs that are lost or damaged as per the law; failure to repair damaged
road infrastructure threatening road traffic safety;
b) Failure to discover and report
illegal occupation of the road safety corridor, land area along the sides of
the road serving management, maintenance or protection or road infrastructure;
c) Failure to place staff gauges
and take measures to prevent vehicles from entering the flooded segments where
road surface is more than 0,2 m under the water surface;
d) Failure to establish procedures
for road management, operation, maintenance or failure to comply with approved
procedures for road management, operation, maintenance.
4. A fine ranging from
VND 3,000,000 to VND 5,000,000 shall be imposed upon an individual,
from VND 6,000,000 to VND 10,000,000 upon an organization that
commits any of the following violations:
a) Delaying moving the illegal
construction, house, or booth, whether deliberately or unintentionally, that
obstructs land clearance serving the construction, expansion, improvement, and
protection of road infrastructure under a decision of a competent authority;
b) Damaging or disabling the
drainage system of road infrastructure, except for the violations specified in
Clause 5 of this Article;
c) Removing, moving, placing,
damaging, or falsifying road signs, traffic lights, fences, milestones, road
markings, protective walls, protective barriers, structures, or other parts of
infrastructure without permission;
d) Dismantling, removing curbs
without permission; illegally repairing or renovating the sidewalk; except for
the violations specified in Point a, Point c Clause 5 of this Article.
5. A fine ranging from
VND 5,000,000 to VND 7,000,000 shall be imposed upon an individual,
from VND 10,000,000 to VND 14,000,000 upon an organization that
commits any of the following violations:
a) Illegally drilling, digging,
cutting the road or the sidewalk;
b) Removing the median strip,
convex mirrors, and safety works and equipment of public roads, parts and
components of road structures without permission, except for the violations
specified in Point c Clause 4 of this Article;
c) Opening and damaging manhole
covers of underground works and tunnel systems of public roads without
permission;
d) Illegally setting of a blast,
extracting earth, sand, stone, gravel, or other minerals that affect the road infrastructure;
dd) Spreading, spilling chemicals
damaging road infrastructure.
6. A fine of VND 8,000,000 -
VND 10,000,000 shall be imposed upon an organization managing and
operating tollbooths that commits any of the following violations:
a) Failure to comply with
management and operation procedures as per the law thus leading to more
than 100 to 150 vehicles queuing in a single toll lane, or the total queue
length (from the toll booth to the last vehicle in the queue) is 750 to 1,000 m;
b) Failure to comply with
management and operation procedures as per the law thus extending period of
time required for a vehicle to pass the tollbooths determined from the moment
the vehicle starts to queue until it exits the tollbooths to from exceeding 10
minutes to 20 minutes.
7. A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed upon an
organization managing and operating tollbooths that commits any of the
following violations:
a) Failure to comply with
management and operation procedures as per the law thus leading to more
than 150 to 200 vehicles queuing in a single toll lane, or the total queue
length (from the toll booth to the last vehicle in the queue) is from exceeding
1,000 to 2,000 m;
b) Failure to comply with
management and operation procedures as per the law thus extending period of
time required for a vehicle to pass the tollbooths determined from the moment
the vehicle starts to queue until it exits the tollbooths to from exceeding 20
minutes to 30 minutes.
8. A fine ranging from
VND 30,000,000 to VND 40,000,000 shall be imposed upon an
organization managing and operating tollbooths that commits any of the
following violations:
a) Failure to comply with
management and operation procedures as per the law thus leading to more
than 200 vehicles queuing in a single toll lane, or the total queue length
(from the toll booth to the last vehicle in the queue) is more than 2,000 m;
b) Failure to comply with
management and operation procedures as per the law thus extending period of
time required for a vehicle to pass the tollbooths determined from the moment
the vehicle starts to queue until it exits the tollbooths to more than 30
minutes.
9. A fine ranging from
VND 50,000,000 to VND 70,000,000 shall be imposed upon an organization
managing and operating tollbooths that commits any of the following violations:
a) Committing violation(s)
specified in Clauses 6, 7 and 8 of this Article without complying with orders
of regulatory agencies regarding adopting measures to rectify traffic
congestion at tollbooths;
b) Failure to connect and share
data of tollbooths to regulatory agencies as per the law.
10. Apart from incurring penalties,
following remedial measures shall also be adopted:
a) The violation(s) specified in
Point a Clause 3 of this Article shall lead to replacement or repair of lost or
damaged road signs and repair of damaged road infrastructure;
b) The violation(s) specified in
Point b Clause 2; Points b, c and d Clause 4; Clause 5 of this Article shall
lead to restoration to original conditions prior to the administrative
violations.
Section 3.
VIOLATIONS AGAINST REGULATIONS APPLIED TO VEHICLES RUNNING ON PUBLIC ROAD
Article 16.
Penalties imposed upon by operators of cars and car-like vehicles (including
the trailers or semi-trailers being towed) violating regulations on
roadworthiness of vehicles
1. A fine ranging from
VND 100,000 to VND 200,000 shall be imposed for operating a car
without a windshield or without an intact and functional one (for vehicles
having a windshield).
2. A fine ranging from
VND 300,000 to VND 400,000 shall be imposed for:
a) Operating a car without adequate
and functional headlamps, plate lamp, brake lamps, turn signals, windshield
wipers, mirrors, safety belts, emergency equipment, fire safety equipment,
pressure meter, and speedometer (for vehicles required to have them), except
for violations specified in Point m Clause 3 Article 23, Point q Clause 4
Article 28 of this Decree;
b) Operating a vehicle without a
horn or without a functional one;
c) Operating a vehicle without a
sound or smoke suppression device or a functional one or without one that meets
environmental requirements in terms of exhaust and noise.
3. A fine ranging from
VND 800,000 to VND 1,000,000 shall be imposed for:
a) Controlling vehicles with
additional lights at the front, the back, on top, underneath, on either or both
sides of the vehicles;
b) Operating a vehicle with a
steering system that fails to meet technical standards;
c) Operating a vehicle without an
adequate quantity of license plates, or the license plates are installed at
wrong positions; or the letters and numbers on which are not clear; or with a
license plate that is bent, blocked, or damaged; painting and altering
additional letters and numbers or changing color of letters, numbers and
background of the license plates (including trailers and semi-trailers);
d) Operating a vehicle without
sufficient wheels or tires; or the sizes of the wheels or tires do not fit or
not comply with technical standards (including trailers and semi-trailers);
dd) Operating trucks with trunks
different from designs of manufacturers or designs registered with vehicle
registration bodies or revised designs approved by competent agencies
(including trailers and semi-trailers);
e) Operating vehicles for passenger
transportation with more or less seats and beds or dimension of cargo bays
different from designs of manufacturers or designs registered with vehicle
registration bodies or revised designs approved by competent agencies.
4. A fine ranging from
VND 2,000,000 to VND 3,000,000 shall be imposed for:
a) Operating a vehicle without a
corresponding certificate of vehicle registration or trailer/semi-trailer
registration or using an expired certificate of vehicle registration (including
trailers and semi-trailers);
b) Operating a vehicle without a
license plate (if license plate is required for respective vehicle);
c) Operating a vehicle with
certificate of technical and environmental safety or stamp of technical and
environmental safety (if required) that has expired for less than 01 month
(including those for trailers and semi-trailer);
d) Installing or using a horn the
loudness of which is beyond legal limit on the vehicle;
dd) Operating a vehicle without a
decent or functional and conformable brake system.
5. A fine ranging from
VND 4,000,000 to VND 6,000,000 shall be imposed for:
a) Operating a temporarily
registered vehicle beyond its temporary operational period; operating a
restricted vehicle beyond its permissible operating area;
b) Operating a vehicle beyond its
maximum service life (if limited);
c) Operating an illegally
manufactured or assembled vehicle on public road (including modified farm
vehicles banned from traffic);
d) Operating a vehicle whose
license plate is not consistent with the certificate of registration, or whose
a license plate is not issued by a competent authority (including trailers and
semi-trailers);
dd) Using a Certificate of
technical and environmental safety or stamp of technical and environmental
safety or Certificate of vehicle registration that is not issued by a competent
authority; using a Certificate of vehicle registration that is not consistent with
the chassis or engine number (including trailers and semi-trailers);
e) Operating a vehicle without a
certificate of technical and environmental safety or stamp of technical and
environmental safety (if required, except for temporarily registered vehicles)
or with one that has expired for 01 month or more (including those for trailers
and semi-trailer);
6. Apart from incurring fines, the
violating operator shall also incur the following additional penalties:
a) The violation(s) specified in
Points a and b Clause 3; Clause 4; Points a and e Clause 5 of this Article
shall lead to suspension of driving license from 1 month to 3 months;
b) The violation(s) specified in
Point a Clause 3, Point d Clause 4 of this Article shall lead to confiscation
of additional lights and horns exceeding loudness limit;
c) The violation(s) specified in
Point d or Point dd Clause 5 of this Article shall lead to confiscation of the
Certificate of technical and environmental safety or stamp of technical and
environmental safety, the Certificate of vehicle registration, or the license
plate that is not issued by a competent authority; suspension of the driving
license from 1 month to 3 months;
d) The violation(s) specified in
Points b and c Clause 5 of this Article shall lead to confiscation of vehicles
(except for cases in which automobiles with 10 seats or more providing
passenger transportation services whose service life exceeds regulations on
business conditions of registered business form less than 20 years from the
year of manufacture and automobiles with less than 10 seats providing passenger
transportation services) and suspension of driving license from 1 month to 3
months;
dd) The violation(s) specified in
Point a Clause 4, Point dd Clause 5 of this Article in case of no certificates
of vehicle registration or using certificates of vehicle registration issued by
other than competent agencies, not matching chassis number or engine number of
the vehicle or erased (including trailers and semi-trailers) without documents
proving vehicle origin (no documents, certificates on transfer of vehicle
ownership or documents, certificates on legal vehicle origin) shall lead to
confiscation of vehicle.
7. Apart from the penalties, the
violator shall be compelled to:
a) The violation(s) specified in
Clause 1; Clause 2; Points b, c, d and dd Clause 3; Points d and dd Clause 4 of
this Article shall lead to installation of equipment or replacement with
equipment satisfactory to technical safety standards or restoration of
technical attributes of equipment as per the law;
b) The violation(s) specified in
Points a and e Clause 3 of this Article shall lead to adequate installation of
equipment or restoration of technical attributes of equipment as per the law or
removal of additional equipment against the law.
Article 17.
Penalties imposed upon by operators of mopeds and motorcycles (including
electric motorcycles) and the like violating regulations on roadworthiness of
vehicles running on public roads
1. A fine ranging from
VND 100,000 to VND 200,000 shall be imposed for:
a) Operating the vehicle without a
horn, plate lamp, brake lamp, or a mirror on the left, or without a functional
one;
b) Operating a vehicle with an
inappropriate license plate; the letters and numbers on the license plate are
not clear; a license plate that is bent, blocked, or damaged; painting and
altering additional letters and numbers or changing color of letters, numbers
and background of the license plates (including trailers and semi-trailers);
c) Operating a vehicle without turn
signals or without functional ones;
d) Using an inappropriate horn for
the type of vehicle;
dd) Operating a vehicle without a
sound or smoke suppression system or without one that meets environmental
requirements with regard to exhaust and noise;
e) Operating a vehicle without a
lamp with low beam and a high beam, or without a functional and conformable
one;
g) Operating a vehicle without a
brake system or without a functional and conformable one;
h) Operating a vehicle with an
additional headlamp towards the back.
2. A fine ranging from
VND 300,000 to VND 400,000 shall be imposed for:
a) Operating a vehicle without a
corresponding certificate of vehicle registration or trailer/semi-trailer
registration or using an expired certificate of vehicle registration;
b) Using a Certificate of vehicle
registration that is falsified, or not consistent with the chassis number or
engine number, or not issued by a competent authority;
c) Operating a vehicle without a
license plate (if required); or the license plate of which is not consistent
with the Certificate of vehicle registration or not issued by a competent
authority;
3. A fine ranging from
VND 800,000 to VND 1,000,000 shall be imposed for:
a) Operating a temporarily
registered vehicle beyond its temporary operational period or operating area;
b) Operating an illegally
manufactured or assembled vehicle on public roads.
4. Apart from incurring fines, the
violating operator shall also incur the following additional penalties:
a) The violation(s) specified in
Point d Clause 1 of this Article shall lead to confiscation of horns;
b) The violation(s) specified in
Points b and c Clause 2 of this Article shall lead to confiscation of
certificates of vehicle registration and license plates unsatisfactory to
regulations and law or erased;
c) The violation(s) specified in
Point a Clause 3 of this Article shall lead to suspension of driving license
from 01 month to 03 months;
d) The violation(s) specified in
Point b Clause 3 of this Article shall lead to confiscation of vehicle and
suspension of driving license from 01 month to 03 months;
dd) The violation(s) specified in
Points a and b Clause 2 of this Article in case of no certificates of vehicle registration
or using certificates of vehicle registration issued by other than competent
agencies, not matching chassis number or engine number of the vehicle or erased
without documents proving vehicle origin (no documents, certificates on
transfer of vehicle ownership or documents, certificates on legal vehicle
origin) shall lead to confiscation of vehicle.
Article 18.
Penalties imposed upon operators of non-motorized vehicles violating
regulations on roadworthiness of vehicles running on public roads
1. A warning or a fine ranging from
VND 100,000 to VND 200,000 shall be imposed for operating a vehicle
without registration or without a license plate (if required).
2. A fine ranging from
VND 200,000 to VND 300,000 shall be imposed for:
a) Operating a vehicle without a
brake system or without a functional one;
b) Carrying passengers or cargo on
a non-motorized vehicle that fails to meet local convenience and hygiene
standards.
Article 19.
Penalties imposed upon operators of tractors (including towed trailers) and
heavy-duty vehicles violating regulations on roadworthiness of vehicles running
on public roads
1. A fine ranging from
VND 300,000 to VND 400,000 shall be imposed for:
a) Operating a vehicle with a
license plate installed in inappropriate position; the letters and numbers on
the license plate are not clear; a license plate that is bent, blocked, or
damaged; painting and altering additional letters and numbers or changing color
of letters, numbers and background of the license plates (including trailers
and semi-trailers);
b) Operating a vehicle without a
brake system or without one that meets technical standards; operating a vehicle
with a steering system that fails to meet technical standards;
c) Operating the vehicle whose
specialized equipment is not installed in place or not safe while the vehicle
is moving;
d) Operating a vehicle without
sufficient lights, without a sound or smoke suppression device or without one
that is functional or meets environmental requirements in terms of exhaust and
noise;
dd) Operating a vehicle with a
certificate of technical and environmental safety or stamp of technical and
environmental safety that has expired for less than 01 month (including
trailers).
2. A fine ranging from
VND 1,000,000 to VND 2,000,000 shall be imposed for:
a) Operating a vehicle beyond the
permissible area;
b) Operating an illegally
manufactured, assembled, or modified tractor or heavy-duty vehicle on public
roads;
c) Operating a vehicle without a
certificate of technical and environmental safety or stamp of technical and
environmental safety (if required, except for temporarily registered vehicles)
or with one that has expired for 01 month or more (including trailers);
d) Operating a vehicle without a
corresponding certificate of vehicle registration or using an expired
certificate of vehicle registration (including trailers);
dd) Operating a vehicle without a
license plate (if required); or the license plate of which is not consistent
with the Certificate of vehicle registration or not issued by a competent
authority (including trailers);
e) Using a Certificate of technical
and environmental safety or stamp of technical and environmental safety or
Certificate of vehicle registration that is not issued by a competent
authority; using a Certificate of vehicle registration that is not consistent
with the chassis or engine number (including trailers);
3. Apart from incurring fines, the
vehicle operator that commits the violations shall also incur the following
additional penalties:
a) The violation(s) specified in
Point b Clause 2 of this Article shall lead to confiscation of vehicles;
b) The violation(s) specified in
Point dd Clause 1; Points b, c, d, dd and e Clause 2 of this Article shall lead
to suspension of driving license (when operating tractors) and certificates of
training in knowledge about the road traffic law (when operating heavy-duty
vehicles) from 1 month to 3 months;
c) The violation(s) specified in
Points d, dd and e Clause 2 of this Article shall lead to confiscation of the
Certificate of technical and environmental safety or stamp of technical and
environmental safety, the Certificate of vehicle registration;
d) The violation(s) specified in
Points d and e Clause 2 of this Article in case of no certificates of vehicle
registration or using certificates of vehicle registration issued by other than
competent agencies, not matching chassis number or engine number of the vehicle
or erased (including trailers) without documents proving vehicle origin (no
documents, certificates on transfer of vehicle ownership or documents,
certificates on legal vehicle origin) shall lead to confiscation of
vehicle.
4. Apart from incurring penalties,
the vehicle operator that commits any of the violations specified in Points b,
c and d Clause 1 of this Article shall be compelled to install sufficient
equipment or restore the technical functions of the equipment, or replace it
with those that meet technical standards.
Article 20.
Penalties incurred by operators of cars, tractors and car-like vehicles
violations against regulations on environmental protection
1. A warning or a fine ranging from
VND 100,000 to VND 200,000 shall be imposed for operating a vehicle
that fails to meet hygienic requirements in urban areas.
2. A fine ranging from
VND 2,000,000 to VND 4,000,000 shall be imposed for:
a) Spilling oil or chemicals on
public roads;
b) Carrying break bulk cargo,
wastes or building materials that are likely to be spilled without a cover or
an effective cover; spilling water from goods or waste being carried
threatening traffic safety and environmental hygiene;
c) Dragging mud, dirt, sand,
materials or other wastes on public roads threatening traffic safety and
environmental hygiene.
3. A fine ranging from
VND 4,000,000 to VND 6,000,000 shall be imposed upon a vehicle
operator who illegally dumping garbage, earth, sand, stones, materials and
wastes within the land area for road traffic outside urban areas.
4. A fine ranging from
VND 10,000,000 to VND 15,000,000 shall be imposed upon a vehicle
operator who illegally dumping garbage, earth, sand, stones, materials, wastes
on public roads.
5. Apart from incurring fines, a
vehicle operator that commits any of the violations specified in Clauses 3 and
4 of this Article shall also have his/her driving license suspended from 1
month to 3 months.
6. Apart from the penalties, the
vehicle operator that commits any of the violations specified in Clauses 2, 3
and 4 of this Article shall be compelled to clean up the materials, garbage,
waste, and recover the original condition that has been changed by the
violation. Remedial measures shall be taken if pollution is caused.
Section 4.
VIOLATIONS AGAINST REGULATIONS ON ROAD VEHICLE OPERATORS
Article 21.
Penalties for violations against regulations on qualification for operating
motor vehicles
1. A person from 14 to under 16
years of age that operates a moped or motorcycle (including electric
motorcycles), car, tractor or car-like vehicle shall receive a warning.
2. A fine ranging from
VND 100,000 to VND 200,000 shall be imposed for:
a) Any person operating a
motorcycle or moped and the like without carrying an unexpired Certificate of
civil liability insurance for motor vehicles;
b) Any person operating a
motorcycle or moped and the like without carrying the Certificate of vehicle
registration;
c) Any person operating a
motorcycle and the like without carrying a driving license, except for the
violations specified in Point b Clause 5, Point c Clause 7 of this Article.
3. A fine ranging from
VND 200,000 to VND 400,000 shall be imposed for:
a) Any person operating a car,
tractor or car-like vehicle without carrying a driving license, except for the
violations specified in Point c Clause 8 of this Article;
b) Any person operating a car,
tractor or car-like vehicle without carrying the Certificate of vehicle
registration (including trailers and semi-trailers);
c) Any person operating a car,
tractor or car-like vehicle without carrying the certificate of technical and
environmental safety (if required, including trailers and semi-trailers).
4. A fine ranging from
VND 400,000 to VND 600,000 shall be imposed for:
a) Any person from 16 to under 18
years of age operating a motorcycle with engine displacement of 50 cm3 or
more;
b) Any person operating a car,
tractor or car-like vehicle without an unexpired Certificate of civil liability
insurance for motor vehicles;
c) Any person operating a car,
tractor or car-like vehicle with a driving license that has been expired for
less than 06 months.
5. A fine ranging from
VND 800,000 to VND 1,200,000 shall be imposed upon an operator of a
motorcycle whose engine displacement is under 175 cm3 and the like
who commits any of the following violations:
a) Failure to have a driving
license or using a driving license that is not issued by a competent authority,
or using a falsified driving license;
b) Using an international driving
license issued by any of the Member States of the Convention of Road Traffic
1968 (except for international driving licenses issued by Vietnam’s authority)
without carrying a national driving license;
c) Using an invalid driving license
(driving license template number at the back does not match with the latest
issued template number in system for management of driving license).
6. A fine ranging from
VND 1,200,000 to VND 3,000,000 shall be imposed upon a person from 16
to under 18 years of age that operates a car, tractor or car-like vehicle.
7. A fine ranging from
VND 3,000,000 to VND 4,000,000 shall be imposed upon an operator of a
motorcycle whose engine displacement is under 175 cm3 and
motorcycles with three wheels who commits any of the following violations:
a) Possessing a driving license
inconsistent with the operated vehicle;
b) Failure to have a driving
license or using a driving license that is not issued by a competent authority,
or using a falsified driving license;
c) Using an international driving
license issued by any of the Member States of the Convention of Road Traffic
1968 (except for international driving licenses issued by Vietnam’s authority)
without carrying a national driving license.
d) Using an invalid driving license
(driving license template number at the back does not match with the latest
issued template number in system for management of driving license).
8. A fine ranging from VND 4,000,000
to VND 6,000,000 shall be imposed upon the operators of a car, tractor or
car-like vehicle who commits any of the following violations:
a) Using a driving license that is
not consistent with the type of vehicle being operated or that has expired for
06 months or more;
b) Failure to have a driving
license or using a driving license that is not issued by a competent authority,
or using a falsified driving license;
c) Using an international driving
license issued by any of the Member States of the Convention of Road Traffic
1968 (except for international driving licenses issued by Vietnam’s authority)
without carrying a national driving license;
d) Using an invalid driving license
(driving license template number at the back does not match with the latest
issued template number in system for management of driving license).
9. Apart from incurring fines, the
vehicle operator that commits the violations shall also incur the following
additional penalties:
a) The violation(s) specified in
Points a and c Clause 5; Points b and d Clause 7; Points b and d Clause 8 of
this Article shall lead to confiscation of driving license issued by other than
competent agencies, erased driving license and inappropriate driving license;
b) The violation(s) specified in
Point c Clause 5, Point d Clause 7, Point d Clause 8 shall lead to suspension
of the most recently-issued driving license according to information system for
management of driving license from 1 month to 3 months.
Article 22.
Penalties for violations against regulations on qualification for operating
heavy-duty vehicles
1. A fine ranging from
VND 100,000 to VND 200,000 shall be imposed for:
a) Any person operating a
heavy-duty vehicle without reaching the permissible age;
b) Any person operating a
heavy-duty vehicle without carrying a suitable driving license or certificate
of training in traffic rules;
c) Any person operating a
heavy-duty vehicle without carrying the Certificate of vehicle registration;
d) Any person operating a heavy-duty
vehicle without carrying the certificate of technical and environmental safety
(if required).
2. A fine ranging from
VND 600,000 to VND 1,000,000 shall be imposed for upon a person
operating a heavy-duty vehicle without obtaining an appropriate driving license
or certificate of training in traffic rules.
Section 5.
VIOLATIONS AGAINST REGULATIONS ON ROAD TRANSPORT
Article 23.
Penalties imposed upon operators of civil and commercial passenger automobiles,
and similar automobiles violating road traffic regulations
1. A fine ranging from
VND 100,000 to VND 200,000 shall be imposed for:
a) Failure to instruct passengers
to stand, sit, or lie in place;
b) Failure to wear uniform and the
driver’s name tag.
2. A fine ranging from
VND 400,000 to VND 600,000 shall be imposed upon the operator of a
passenger vehicle (except for buses) for each passenger carried beyond the
following permissible limits: 02 or more excess passengers on a 9 seater
vehicle or smaller, 03 or more excess passengers on a 10 - 15 seater vehicle;
04 or more excess passengers on a 16 - 30 seater vehicle; 05 or more excess
passengers on a vehicle with more than 30 seats, except for the violations
mentioned in Clause 4 of this Article. Nevertheless, the total fine incurred by
such operator shall not exceed VND 40,000,000.
3. A fine ranging from
VND 600,000 to VND 800,000 shall be imposed for:
a) Leaving the door open while the
vehicle is running;
b) Allowing the passengers to stay
in the vehicle while the vehicle is entering or leaving a barge or a floating
bridge (except for weak and old people, the disabled, and sick people);
c) Failure to stick to the
prescribed route;
d) Allowing passengers to lie on
hammocks in the vehicle or hang from the vehicle while it is running;
dd) Stacking luggage and goods
unsafely; dropping luggage or goods from the vehicle; placing goods in the
passenger cabin;
e) Carrying luggage or goods beyond
the outer size of the vehicle;
g) Carrying stinky goods on a
passenger vehicle;
h) Transporting passengers without
attendants (if required);
i) Operating taxis without
taximeters (in case of vehicles registering for taximeters) or without
appropriate taximeters or without using taximeters as per the law when
transporting passengers;
k) Operating a fixed-route vehicle without
adhering to the route licensed by a competent authority (if any);
l) Operating a fixed-route
passenger vehicle and collecting money without giving tickets to passengers, or
sell tickets at higher prices than prescribed rates;
m) Operating a passenger vehicle
without seat belts at seats and beds as per the law (except for provincial bus
lines);
n) Operating a passenger vehicle
without providing passengers with instructions on traffic safety and emergency
exit upon vehicular accidents as per the law;
o) Operating taxis without using
applications to calculate taxi fares (in case of vehicles registering for such
applications) or without using applications satisfactory to regulations and
law;
p) Operating taxis using taxi fare
applications without installing devices to directly connect with passengers on
the vehicles as per the law.
4. A fine ranging from
VND 1,000,000 to VND 2,000,000 shall be imposed upon the operator of
a passenger vehicle with routes longer than 300 km for every excess passenger
carried beyond the following permissible limits: 02 or more excess passengers
on a 9 sweater vehicle or smaller, 03 or more excess passengers on a 10 - 15
sweater vehicle; 04 or more excess passengers on a 16 - 30 sweater vehicle; 05
or more excess passengers on a 30 sweater vehicle or bigger. Nevertheless, the
total fine incurred by such operator shall not exceed VND 40,000,000.
5. A fine ranging from
VND 1,000,000 to VND 2,000,000 shall be imposed for:
a) Allowing passengers to get on or
off the vehicle while it is running;
b) Transferring passengers to
another vehicle without their consents; threatening, humiliating passengers;
fighting over passengers; forcing passengers to use services against their will;
c) Forcing passengers to get off
the vehicle to avoid inspection by law enforcement officers;
d) Making the vehicle imbalanced
when loading cargo;
dd) Picking up or disembarking
passengers at improper places on fixed routes where such places are already
determined; disembarking passengers or stopping to pickup or disembark
passengers longer than permitted, except for the violations specified in Point
a Clause 7 of this Article;
e) Picking up or disembarking
passengers where stopping or parking is prohibited or at a curved segment where
view is blocked, except for the violations specified in Point a Clause 7 of
this Article;
g) Operating a vehicle providing
passenger transportation services without installing tracking devices on the
vehicle as per the law, except for violations specified in Point dd Clause 6 of
this Article;
h) Operating a tourist vehicle or
contract-based passenger vehicle using written contracts without a list of
passengers, carrying passengers not on the list or carrying passengers inconsistent
with regulations and law (applicable to vehicles under contracts for
transporting students and employees to schools and to workplaces); failure to
have or carry the transport contract or a conformable one as prescribed;
i) Transporting passengers along a
fixed route without carrying a transport order or one that has sufficient
information and certified by both stations at the route ends;
k) Picking up or disembarking
passengers at places not specified in the contract, except for the violations specified
in Point a Clause 7 of this Article;
l) Operating a fixed-route
international passenger transport vehicle without a list of passengers or
carrying passengers not on the list; except for the violations specified in
Point c Clause 1 Article 35 hereof;
m) Carrying luggage or cargo beyond
the GVWR of the vehicle;
n) Operating a vehicle providing
transportation for tourism or a contract-based passenger transportation vehicle
and picking up, charging or verifying booking of individual passenger; operating
contract-based vehicle and designating fixed-routes to serve different
customers and service recipients;
o) Failure to use driver
identification cards to input information as per the law or using driver
identification cards of other drivers to input information when operating
passenger vehicle;
p) Operating a vehicle providing
passenger transportation services without installing cameras as per the law (if
required by the law) or installing cameras without capability to record and
store images on the vehicle (including those of the driver) during the
vehicle's operation as per the law;
q) Operating a vehicle transporting
tourists or passengers under contract using electronic contract without having
devices to access contents of the electronic contract and the passenger list or
failure to provide the electronic contract and passenger list for competent
authorities where requested, transporting passengers whose names are not on the
passenger list or transporting passengers inconsistent with regulations and law
(with respect to contract-based vehicle transporting students and employees to
schools and workplaces).
6. A fine ranging from
VND 3,000,000 to VND 5,000,000 shall be imposed for:
a) Transporting dangerous, toxic,
flammable, explosive goods, transporting animals or other goods that affect the
health of passengers on the passenger vehicle;
b) Carrying people on the hood,
roof, or in the trunk;
c) Attacking passengers physically;
d) Operating the vehicle beyond
time limits specified in Clause 1 Article 65 of the Law on Road traffic;
dd) Failure to install functional
tracking devices on vehicles providing passenger transportation services as per
the law or using technical measures, peripheral equipment or other
measures to falsify data of tracking devices installed on automobiles;
e) Operating an international
passenger transport vehicle without a national symbol or international
transport badge or an unexpired one or one issued by a competent authority.
7. A fine ranging from
VND 5,000,000 to VND 7,000,000 shall be imposed for:
a) Picking up and disembarking
passengers on a freeway;
b) Operating an international
passenger transport vehicle without a badge or an unexpired one or one issued
by a competent authority.
8. Apart from incurring fines, the
vehicle operator that commits the violations shall also incur the following
additional penalties:
a) The violation(s) specified in
Clause 2, Clause 4 (in case of exceeding from more than 50% to 100% of number
of passengers permissible for transportation); Points c, d and e Clause 3;
Points a, b, c ,d , dd, e, h, i, k, l, m, o and q Clause 5; Clause 6; Point b
Clause 7 of this Article shall lead to suspension of driving license from 1
month to 3 months;
b) The violation(s) specified in
Point a Clause 7 of this Article shall lead to suspension of driving license
from 02 months to 04 months;
c) The violation(s) specified in
Clause 2 and Clause 4 of this Article (in case of exceeding 100% of number of
passengers permissible for transport) shall lead to suspension of driving
license from 3 months to 5 months;
d) The violation(s) specified in
Point e Clause 6, Point b Clause 7 of this Article shall lead to confiscation
of expired badges or badges issued by other than competent authorities.
9. Apart from the penalties, the
violating vehicle operator shall be compelled to:
a) The violation(s) specified in
Clause 2 and Clause 4 of this Article (in case of passenger transportation)
shall lead to allocation of other vehicles to carry passengers exceeding
permissible amount;
b) The violation(s) specified in
Point l Clause 3 of this Article (in case of charging beyond the limit) shall
lead to return of illegal profit earned from the administrative violation.
Article 24.
Penalties imposed upon operators of trucks, tractors (including trailers and
towed semi-trailers) and or car-like vehicles transporting goods violating
traffic rules
1. A fine ranging from
VND 600,000 to VND 800,000 shall be imposed for:
a) Transporting goods without
securing or without proper securing when goods require securing, except for
violations specified in Point c Clause 4 of this Article;
b) Operating a vehicle to stack
goods on top of the cockpit or loading goods in a manner that causes the
vehicle to be unbalance;
c) Failure to lock or secure the
trunks when the vehicle is moving.
2. A fine ranging from
VND 800,000 to VND 1,000,000 shall be imposed for:
a) Operating a vehicle (including
trailers and semi-trailers) carrying cargo beyond the maximum permissible
payload written in the Certificate of technical and environmental safety by
exceeding 10% to 30% (for vehicles other than tanker trucks) or by exceeding
20% to 30% (for tanker trucks);
b) Putting cargo on the roof;
stacking cargo beyond the width of the cargo container; stacking goods longer
than the length of the vehicle by more than 10%;
c) Carrying passengers in the cargo
container; allowing the passenger to sit or lie on the roof or hang from the
vehicle while it is running;
d) Operating vehicle for goods
transportation without transport permit in written form as per the law or
without devices to access software displaying contents of the transport permit
as per the law or failure to provide competent authorities with devices to
access the transport permit upon request;
dd) Operating vehicles towing
trailers and semi-trailers whose total weight (including weight of the
trailers, semi-trailers and carried goods) of trailers and semi-trailers exceed
permissible weight to be towed as specified in the certificates for technical
and environmental safety by exceeding 10% to 30%.
3. A fine ranging from
VND 1,000,000 to VND 2,000,000 shall be imposed for:
a) Operating a vehicle providing
goods transportation services without installing tracking devices on the
vehicle as per the law, except for violations specified in Point c Clause 5 of
this Article;
b) Failure to use driver
identification cards to input information as per the law or using driver
identification cards of other drivers to input information when operating
vehicle for goods transportation;
c) Operating a vehicle providing
goods transportation services without installing cameras as per the law (if
required by the law) or installing cameras without capability to record and
store images on the vehicle (including those of the driver) during the
vehicle's operation as per the law.
4. A fine ranging from
VND 2,000,000 to VND 3,000,000 shall be imposed for:
a) Driving a taxi truck without a
taximeter or a properly installed one;
b) Carrying cargo beyond the
permissible height (for trucks, including trailers and semi-trailers);
c) Carrying containers on the
vehicles (including semi-trailers) without employing devices to secure the
containers to the vehicles or using improper devices leading to displacement of
containers during transportation.
5. A fine ranging from
VND 3,000,000 to VND 5,000,000 shall be imposed for:
a) Operating a vehicle (including
trailers and semi-trailers) carrying cargo beyond the maximum permissible
payload written in the Certificate of technical and environmental safety by
exceeding 30% - 50%;
b) Operating the vehicle beyond
time limits specified in Clause 1 Article 65 of the Law on Road traffic;
c) Failure to install functional
tracking devices on vehicles providing goods transportation services as per the
law or using technical measures, peripheral equipment or other measures
to falsify data of tracking devices installed on automobiles;
dd) Operating vehicles towing
trailers and semi-trailers whose total weight (including weight of the
trailers, semi-trailers and carried goods) of trailers and semi-trailers exceed
permissible weight to be towed as specified in the certificates for technical
safety and environmental protection by exceeding 30% to 50%.
6. A fine ranging from
VND 5,000,000 to VND 7,000,000 shall be imposed for:
a) Operating a vehicle (including
trailers and semi-trailers) carrying cargo beyond the maximum permissible
payload written in the Certificate of technical and environmental safety by
exceeding 50% to 100%;
b) Operating vehicles towing
trailers and semi-trailers whose total weight (including weight of the
trailers, semi-trailers and carried goods) of trailers and semi-trailers exceed
permissible weight to be towed as specified in the certificates for technical
safety and environmental protection by exceeding 50% to 100%;
c) Loading and unloading on a
freeway;
d) Operating a vehicle a badge (if
required) or an unexpired one or one issued by a competent authority.
7. A fine ranging from VND 7,000,000
to VND 8,000,000 shall be imposed upon:
a) Operating a vehicle (including
trailers and semi-trailers) carrying cargo beyond the maximum permissible
payload written in the Certificate of technical and environmental safety by
exceeding 100% to 150%;
b) Operating vehicles towing
trailers and semi-trailers whose total weight (including weight of the
trailers, semi-trailers and carried goods) of trailers and semi-trailers exceed
permissible weight to be towed as specified in the certificates for technical
and environmental safety by exceeding 100% to 150%;
8. A fine ranging from
VND 8,000,000 to VND 12,000,000 shall be imposed upon:
a) Operating a vehicle (including
trailers and semi-trailers) carrying cargo beyond the maximum permissible
payload written in the Certificate of technical and environmental safety by
exceeding 150%;
b) Operating vehicles towing
trailers and semi-trailers whose total weight (including weight of the
trailers, semi-trailers and carried goods) of trailers and semi-trailers exceed
permissible weight to be towed as specified in the certificates for technical
and environmental safety by exceeding 150%;
c) Committing the violation(s)
specified in Clause l, Point c Clause 4 of this Article and causing traffic
accidents.
9. Apart from incurring fines, the
vehicle operator that commits the violations shall also incur the following
additional penalties:
a) The violation(s) specified in
Points b and c Clause 2; Point b Clause 3; Points b and c Clause 4; Clause 5;
Points a, b and d Clause 6 of this Article shall lead to suspension of driving
license from 1 month to 3 months;
b) The violation(s) specified in
Point c Clause 6, Clause 7, Point c Clause 8 of this Article shall lead to
suspension of driving license from 2 months to 4 months;
c) The violation(s) specified in
Points a and b Clause 8 of this Article shall lead to suspension of driving
license from 3 months to 5 months;
d) The violation(s) specified in
Point d Clause 6 of this Article shall lead to confiscation of expired badges
or badges issued by other than competent authorities.
Article 25.
Penalties imposed upon vehicle operators violating regulations on transport of
oversized cargo
1. A fine ranging from
VND 1,000,000 to VND 2,000,000 shall be imposed for:
a) Transporting oversized cargo
without a sign indicating its size;
b) Failure to comply with transport
permit, except for violations specified in Points b, c and d Clause 2 of this
Article.
2. A fine ranging from
VND 5,000,000 to VND 7,000,000 shall be imposed for:
a) Transporting oversized cargo
without a license for transport or an unexpired one or one issued by a
competent authority;
b) Transporting oversized cargo
with an unexpired license for transport but the gross vehicle weight (GVW) or
outer size (after cargo is loaded) exceeds the limits in the license for
transport;
c) Transporting oversized cargo
with valid license for transport without sticking to routes designated in the
license for transport;
d) Transporting oversized cargo
with valid license for transport without transporting the correct type of goods
designated in the license for transport.
3. Apart from incurring fines, the
violator shall also incur the following additional penalties:
a) The violation(s) specified in
Clause 1 of this Article shall lead to suspension of driving license from 01
month to 03 months;
b) The violation(s) specified in
Clause 2 of this Article shall lead to suspension of driving license from 02
month to 04 months;
c) The violation(s) specified in
Point a Clause 2 of this Article shall lead to confiscation of license for
transport that is expired or issued by other than competent authorities.
4. If the road infrastructure is
damaged by the violations specified in Clause 1 and Clause 2 of this Article,
the violator shall be compelled to repair the damage apart from incurring the
penalties.
Article 26.
Penalties imposed upon vehicle operators violating regulations on transport of
pollutants and dangerous goods
1. A fine ranging from
VND 1,000,000 to VND 2,000,000 shall be imposed for:
a) Stopping or parking at crowded
places, in residential areas, at important works while transporting dangerous
goods; transporting dangerous goods without danger signs, except for the
violations specified in Clause 2 of this Article;
b) Transporting pollutants against
the regulations on environment protection, except for the violations mentioned
in Clause 2 of this Article.
2. A fine ranging from
VND 2,000,000 to VND 3,000,000 shall be imposed for transporting
dangerous goods without a license or against the license, except for the
violations specified in Point a Clause 6 Article 23 hereof.
3. Apart from incurring fines, a
vehicle operator that commits any of the violations specified in Clauses 1 and
2 of this Article shall also have his/her driving license suspended from 1
month to 3 months.
4. Apart from the penalties,
persons committing any of the violations specified in Clauses 1 and 2 of this
Article shall be compelled remedial measures to rectify environmental pollution
caused by the administrative violations.
Article 27.
Penalties impose upon operators of garbage trucks, vehicles transporting
wastes, bulk cargo, or other goods violating regulations on transport in urban
areas
1. A fine ranging from
VND 1,000,000 to VND 2,000,000 shall be imposed for the operating
such vehicle with adhering to the prescribed route, range, and time.
2. Apart from incurring fines, a
vehicle operator that commits any of the violations specified in Clause 1 of
this Article shall also have his/her driving license suspended from 1 month to
3 months.
Article 28.
Penalties for violations against regulations on road transport and ancillary
services for road transport
1. A fine ranging from
VND 500,000 to VND 1,000,000 shall be imposed upon an individual,
from VND 1,000,000 to VND 2,000,000 upon an organization that commits
any of the following violations:
a) Loading cargo on each vehicle
(including trailers and semi-trailers) beyond the maximum permissible payload
written in the Certificate of technical and environmental safety by exceeding
10% to 50% (for vehicles other than tanker trucks) or by exceeding 20% to 50%
(for tanker trucks);
b) Loading goods onto a vehicle
without certifying the loading on the transport order as prescribed.
2. A fine ranging from
VND 1,000,000 to VND 2,000,000 shall be imposed upon an individual,
from VND 2,000,000 to VND 4,000,000 upon an organization that commits
any of the following violations:
a) Failure to put or failure to
accurately and adequately put the name and phone number of the transport
service provider on the outer sides of the body or doors of the passenger
vehicle, except for the violations specified in Point d Clause 4 of this
Article;
b) Failure to put or failure to
accurately and adequately put the name and phone number of the cargo transport
service provider, GVW, maximum permissible payload, and GVWR on the door of the
truck as prescribed;
c) Failure to put or adequately put
full name and phone number of entities providing goods transportation services,
GVW, maximum permissible payload, and GVWR on the door of the container trucks
as prescribed; failure to put or adequately put full name and phone number of
entities providing goods transportation services, GVW, maximum permissible
payload, and GVWR on the door of the trailers and semi-trailers as prescribed;
d) Failure to put or failure to
accurately and adequately put the name and phone number of the taxi truck
service provider, the net weight of the vehicle, the maximum permissible
payload of the vehicle on the outer sides of the body or doors of the taxi
truck as prescribed;
dd) Failure to put up or accurately
and adequately put up the license plates; luggage allowance, hotline number;
e) Failure to number the passenger
seats;
g) Operating a vehicle providing
passenger transportation services along fixed routes or vehicle providing
passenger transportation services in form of buses that are not installed with
priority seats for persons with disabilities, old people and pregnant women as
per the law;
h) Operating a passenger vehicle
without providing passengers with instructions on traffic safety and emergency
exit upon vehicular accidents as per the law.
3. A fine ranging from
VND 2,000,000 to VND 3,000,000 shall be imposed on an individual and
from VND 4,000,000 to VND 6,000,000 on an organization who loads cargo on each
vehicle (including trailers and semi-trailers) beyond the maximum permissible
payload written in the Certificate of technical and environmental safety by
exceeding 50% to 100%.
4. A fine ranging from
VND 3,000,000 to VND 4,000,000 shall be imposed upon an individual,
from VND 6,000,000 to VND 8,000,000 upon an organization that commits
any of the following violations:
a) Failure to provide transport
order and transport permit for drivers as per the law;
b) Failure to register and put up
or accurately and adequately put up information about the routes, starting
points and destinations, charges, quality standards of the transport services
or ancillary services, except for the violations specified in Point dd Clause 2
of this Article;
c) Using a 09 seater vehicle or
bigger as a passenger taxi;
d) Operating passenger taxis
without installing the “TAXI” roof signs and posting “XE TAXI” (taxi) on the
front and rear windshields as per the law or improperly installing the “TAXI”
roof signs (not fixed, incorrect dimensions and made with materials other than
reflectors); failure to include accurate service phone number according to
business (cooperative) registration;
dd) Operating contract-based
vehicles providing passenger transportation services and vehicles providing
tourism transportation services without including the phrase “XE HỢP DỒNG”
(contract vehicle) in case of contract-based vehicles and “XE DU LỊCH” (tourism
vehicle) in case of vehicle for tourism transportation on the front and rear
windshields as per the law or improperly including the 2 phrases above (not
fixed, incorrect dimensions and made with materials other than reflectors);
e) Failure to issue “Thẻ nhận dạng
lái xe” (driver identification) for drivers as per the law;
g) Employing drivers and attendants
who are not trained in passenger transport and road safety (if the type of
transport requires that drivers and attendants be so trained);
h) Employing drivers and attendants
without employment contracts;
i) Failure to develop procedures to
ensure traffic safety or failure to adequately develop as per the law or
failure to follow the procedures for ensuring traffic safety as per the law;
k) Failure to assign personnel to
directly operate transportation activities or failure to satisfy requirements
after assigning as per the law;
l) Using the vehicles of
cooperative members to provide transport services without written agreements
between such members and the cooperative; or using vehicles that are not under
their right to enjoyment to provide transport services;
m) Failure to park in designated
areas;
n) The information in the transport
order is not completely certified by the station or not certified at all, or
the transport order is certified while the vehicle is not present at the
station;
o) Failure to notify content of the
passenger transport contract to the Provincial Department of Transport before
executing such contract;
p) Picking up, selling tickets, charging
and verifying booking for individual passenger in case of contract-based
vehicles providing passenger transportation an vehicles providing tourism
transportation; designating fixed routes to serve different customers or other
service recipients in case of contract-based vehicles providing passenger
transportation;
g) Operating a passenger vehicle
without seat belts at seats and beds as per the law (except for provincial bus
lines);
r) Operating contract-based
passenger vehicles and vehicles providing tourism transportation whose number
of trips sharing departure locations and sharing destination exceed the limit
as per the law;
s) Operating contract-based
passenger vehicle and vehicles providing tourism transportation without
complying with regulations on picking up and disembarking passengers at head
offices, branch offices, representative offices or other specific locations
hired or cooperated with transport service providers;
t) Operating taxis, contract-based
passenger vehicles and vehicles providing tourism transportation whose 70% of
total operational period in a month in a province (or central-affiliated city)
without possessing the badges issued by Departments of Transports of
corresponding province (or central-affiliated city).
5. A fine ranging from
VND 4,000,000 to VND 5,000,000 shall be imposed on an individual and
from VND 8,000,000 to VND 10,000,000 on an organization who loads cargo on each
vehicle (including trailers and semi-trailers) beyond the maximum permissible
payload written in the Certificate of technical and environmental safety by
exceeding 100%.
6. A fine ranging from
VND 5,000,000 to VND 6,000,000 shall be imposed upon an individual,
from VND 10,000,000 to VND 12,000,000 upon an organization that
commits any of the following violations:
a) Running a bus station, parking
lot, or rest stop without permission by a competent authority;
b) Allowing the vehicles that are
not suitable for passenger transports to pick up passengers in the station;
c) Failure to provide, update,
transmit, store and manage information from tracking devices as per the law;
failure to provide username and password to log onto software processing data
from the tracking devices under management for regulatory authorities;
d) Failure to adhere to the
registered routes, starting points and destinations, charges, and service
standards;
dd) Using vehicles without GPS
surveillance devices to provide transport services (if required) or without
functional or conformable ones; employing technical measures, peripheral
equipment and other measures to falsify data of the tracking devices of the
automobiles;
e) Operating intermediate
transportation against regulations and law;
g) Employing drivers operating
double decker sleeper bus with in adequate experience as per the law;
h) Failure to establish a
department to monitor traffic safety conditions or failure to adequately
execute all tasks as per the law;
i) Using vehicles whose quality or
service life fail to meet the conditions for the registered type of transport
services;
k) Failure to retain relevant
documents during the operation;
l) Failure to prepare or adequately
prepare backgrounds of vehicles and operators as per the law;
m) Operating contract-based
passenger vehicles and vehicles providing tourism transportation without
bringing transport contracts on the vehicles, attached passenger list and
devices to access electronic contracts and passenger list as per the law or
failure to meet requirements as per the law, carrying passengers not in the
passenger list or carrying incorrect passengers in case of contract-based
vehicles transporting students and employees to schools, universities and
workplaces);
n) Operating passenger taxis
without installing taximeters (if registered for one) or installing improper
taximeters; failure to install receipt printers connected with taximeters as
per the law or installing improper receipt printers or printing receipts
containing inadequate information as per the law;
o) Operating a vehicle providing
passenger transportation services without installing cameras as per the law (if
required by the law) or installing cameras without capability to record and
store images of the vehicle and the driver during the vehicle's operation as
per the law;
p) Failure to store and transmit
images from cameras installed on the automobile to servers, failure to provide
accounts to access the servers for competent regulatory authorities as per the
law;
q) Operating passenger taxis
without installing devices to directly connect with the passengers as per the
law (if registered for taxi fare software) or using taxi fare software
unsatisfactory to regulations and law.
7. A fine ranging from
VND 7,000,000 to VND 10,000,000 shall be imposed upon an individual,
from VND 14,000,000 to VND 20,000,000 upon an organization that
commits any of the following violations:
a) Providing transport services by
car without a License for transport services;
b) Conducting the business in
contravention of the License for transport services;
c) Establishing illegal stations;
d) Bus station's failure to adhere
to safety procedures for allowing vehicles to enter and leave the station;
dd) Failure to organize adequate
periodic medical check-up for driver as per the law;
e) Failure to provide information
on transport order of each bus route and fixed-route vehicles as per the law;
g) Bus station’s failure to apply
software for station management and surveillance system as per the law;
h) Violating regulations and law on
business and conditions for providing automobile transport services thus
causing traffic accidents at serious level or higher;
i) Operating vehicles providing
transport services to pick up and disembark passengers, load and unload cargo
on a freeway;
k) Transport service providers utilizing
electronic contracts without adequate software interface for passengers or
service recipients as per the law; failure to send electronic invoices and
store data of electronic contracts as per the law.
8. A fine ranging from VND
10,000,000 to VND 20,000,000 shall be imposed on entities manufacturing,
assembling and importing tracking devices of automobiles and entities providing
transport solution software for:
a) Entities manufacturing,
assembling and importing tracking devices of automobiles failing to assign
personnel for each position as per the law;
b) Entities manufacturing,
assembling and importing tracking devices of automobiles failing to update and
adjust firmware of devices as per the law;
c) Entities providing transport
solution software failing to comply with regulations and law on provision of
transport solution application; failing to publicize procedures of handling
complaints of customers and failing to develop systems to store complaints of
customers as per the law.
9. A fine ranging from VND
20,000,000 to VND 30,000,000 shall be imposed on entities manufacturing,
assembling and importing tracking devices of automobiles or entities providing
automobile tracking services for falsifying information and data of automobile
tracking devices.
10. Apart from incurring fines, the
violator shall also incur the following additional penalties:
a) The violation(s) specified in
Point h Clause 2; Points a, b, d, dd, e, g, h, l, o, p, q, r, s and t Clause 4;
Points d, dd, e, g, i, k, l, m, n, o, p and q Clause 6; Points e and i Clause 7
of this Article shall lead to suspension of (available or issued) badges of
violating vehicles from 1 month to 3 months;
b) The violation(s) specified in
Points i and k Clause 4; Point h Clause 6; Points b and h Clause 7 of this
Article shall lead to suspension of license for transport services from 1 month
to 3 months;
c) The violation(s) specified in
Points d, dd, i and m Clause 6 of this Article shall also lead to suspension of
driver license from 1 month to 3 months if transport service providers are
direct operators of violating vehicles;
d) The violation(s) specified in
Point i Clause 7 of this Article shall also lead to suspension of driver
license from 2 months to 4 months if transport service providers are direct
operators of violating vehicles;
dd) The violation(s) specified in
Point i Clause 6 of this Article shall lead to confiscation of vehicles (except
for cases in which automobiles with 10 seats or more providing passenger
transportation services whose service life exceeds regulations on business
conditions of registered business form less than 20 years from the year of
manufacture and automobiles with less than 10 seats providing passenger
transportation services);
11. Apart from incurring penalties,
following remedial measures shall also be adopted:
a) The violation(s) specified in
Points a, b, c, d and dd Clause 2; Point b Clause 4 of this Article shall lead
to adequate and accurate registration and declaration of information as per the
law;
b) The violation(s) specified in
Points d and dd Clause 4 of this Article shall lead to installation of roof
signs specifying “TAXI” or enforced display of phrases “XE TAXI” (taxi), “XE
HỢP DỒNG” (vehicle operated under contracts) or “XE DU LỊCH” (vehicles for
tourism);
c) The violation(s) specified in
Point e Clause 4 of this Article shall lead to issuance of driver
identification for vehicle operators as per the law;
d) The violation(s) specified in
Point g Clause 4, Point dd Clause 7 of this Article shall lead to organization
of professional training or periodic medical check-up for vehicle operators and
personnel working on vehicles as per the law;
dd) The violation(s) specified in
Point h Clause 4 of this Article shall lead to entering into contracts with
vehicle operators and personnel working on the vehicles as per the law;
e) The violation(s) specified in
Point i Clause 4 of this Article shall lead to development and adoption of
procedures for traffic safety as per the law;
g) The violation(s) specified in
Point k Clause 4 of this Article shall lead to assignment of eligible personnel
to directly operate transportation as per the law;
h) The violation(s) specified in
Points q Clause 4; Points dd, n and o Clause 6 of this Article shall lead to
installation of cameras, seat belts, taximeters, receipt printers and tracking
devices on the vehicles as per the law;
i) The violation(s) specified in
Points c and p Clause 6 of this Article shall lead to provision, update, transmission,
storage and management of information from tracking devices and cameras
installed on the vehicles as per the law; provision of username and password to
access software processing data from tracking devices of the vehicles or to the
servers for competent agencies as per the law;
k) The violation(s) specified in
Point d Clause 6 of this Article (in case of charging beyond the limit) shall
lead to return of illegal profit earned from the administrative violation;
l) The violation(s) specified in Points
k and l Clause 6 of this Article shall lead to adequate and accurate
preparation, update and storage of vehicles’ background, occupation background
of drivers and relevant documents during management and operation of
transportation as per the law.
Section 6. OTHER
OFFENCES RELATED TO ROAD TRAFFIC
Article 29.
Penalties for illegal manufacture, assembly of motor vehicles; illegal
manufacture or sale of license plates
1. A fine ranging from
VND 1,000,000 to VND 2,000,000 shall be imposed upon an individual,
from VND 2,000,000 to VND 4,000,000 upon an organization that sells
license plates that are not manufactured or allowed by competent authorities.
2. A fine ranging from
VND 3,000,000 to VND 5,000,000 shall be imposed upon an individual,
from VND 6,000,000 to VND 10,000,000 upon an organization that
illegally manufactures or assembles motor vehicles.
3. Apart from incurring fines, the
violator that commits any of the violations specified in Clause 1 or Clause 2
of this Article shall have the illegal license plates or illegally manufactured
or assembled vehicles confiscated.
4. If the road infrastructure is
damaged by the violations specified in Clause 1 or Clause 2 of this Article,
the violator shall be compelled to repair and restore the original condition
apart from incurring the penalties.
Article 30.
Penalties imposed upon vehicle owners
1. For owners of mopeds and
motorcycles: A fine ranging from VND 100,000 to VND 200,000 shall be
imposed upon an individual, from VND 200.000 to VND 400.000 upon an
organization which deliberately changes brand and color of vehicle causing
inconsistent with certificate of vehicle registration.
2. For owners of cars, tractors,
heavy-duty vehicles and car-like vehicles: A fine ranging from VND 300,000
to VND 400,000 shall be imposed upon an individual, from VND 600,000
to VND 800,000 upon an organization that commits any of the following
violations:
a) Using windshields or windows
made of glass other than safety glass;
b) Changing the color of the vehicle
without permission (according to the Certificate of vehicle registration);
c) Failure to declare to vehicle
registration authorities as per the law before renovating the vehicles (if
specific type of vehicles is required to be declared).
3. For each passenger carried
beyond the permissible limit, a fine ranging from VND 1,000,000 to VND
2,000,000 shall be imposed upon an individual, from VND 2,000,000 to VND
4,000,000 upon an organization that is the owner of a passenger vehicle (except
for buses) that directly operates the vehicle or requests/allows their employee
or representative to operate the vehicle committing the violation specified in
Clause 2 Article 23 of this Decree (nevertheless, the total fine incurred by
such individual shall not exceed VND 40,000,000; the total fine incurred by
such organization shall not exceed VND 80,000,000).
4. For owners of mopeds and
motorcycles: A fine ranging from VND 400,000 to VND 600,000 shall be
imposed upon an individual, from VND 800,000 to VND 1,200,000 upon an
organization that commits any of the following violations:
a) Failure to follow procedures for
transferring the vehicle ownership when buying, being given, allocated, or
inherited a moped or motorcycle;
b) Failure to follow procedures for
issuance of revised certificates of vehicle registration as per the law when
changing address of vehicle owners;
c) Failure to comply with
regulations on license plates, except for violations specified in Point i
Clause 5 of this Article.
5. For owners of mopeds and motorcycles:
A fine ranging from VND 800,000 to VND 2,000,000 shall be imposed
upon an individual, from VND 1,600,000 to VND 4,000,000 upon an
organization that commits any of the following violations:
a) Deliberately cutting, welding
and punching to modify chassis number and engine number; operating vehicles
whose chassis number and engine number have been modified due to being cut,
welded and punched;
b) Falsifying or forging the
documents about vehicle registration;
c) Changing the chassis, engine,
shape, size, or functions of the vehicle;
d) Providing false information or
using fraudulent documents to apply for the license plate or Certificate of
vehicle registration;
dd) Allowing an unqualified person
according to Clause 1 Article 58 of the Law on Road traffic to operate the
vehicle on public roads (including those using an expired driving license or
those with revoked driving license);
e) Failure to comply with
revocation of certificates of vehicle registration and license plates as per
the law;
g) Operating vehicles without
certificates of vehicle registration or with expired certificates of vehicle
registration; operating vehicles with temporary certificates of vehicle
registration beyond the permitted period, route and range;
h) Operating vehicles with certificates
of vehicle registration issued by other than competent authorities or with
modified certificates of vehicle registration; operating vehicles with
certificates of vehicle registration inconsistent with chassis number of the
vehicles;
i) Installing and using devices
modifying license plates against regulations and law;
k) Operating a vehicle without a
license plate (if required); or the license plate of which is not consistent
with the Certificate of vehicle registration or not issued by a competent
authority.
6. For each passenger carried
beyond the permissible limit, a fine ranging from VND 1,000,000 to VND
2,000,000 shall be imposed upon an individual, from VND 2,000,000 to VND
4,000,000 upon an organization that is the owner of a passenger vehicle (except
for buses) that directly operates the vehicle or requests/allows their employee
or representative to operate the vehicle committing the violation specified in
Clause 4 Article 23 of this Decree (nevertheless, the total fine incurred by
such individual shall not exceed VND 40,000,000; the total fine incurred by
such organization shall not exceed VND 80,000,000).
7. For owners of cars, tractors,
heavy-duty vehicles and car-like vehicles: A fine ranging from
VND 2,000,000 to VND 4,000,000 shall be imposed upon an individual,
from VND 4,000,000 to VND 8,000,000 upon an organization that commits
any of the following violations:
a) Deliberately cutting, welding
and punching to modify chassis number and engine number; operating vehicles
whose chassis number and engine number have been modified due to being cut,
welded and punched;
b) Erasing or modifying vehicle
registration documents;
c) Failure to comply with
revocation of certificates of vehicle registration and license plates;
Certificate of technical and environmental safety for road vehicle as per the
law;
d) Failure to follow procedures for
issuance of revised certificates of vehicle registration as per the law after
renovating the vehicle or when changing address of vehicle owners;
dd) Failure to comply with
regulations and law on license plates and lettering on sides and doors of
vehicles, except for violations specified in Point g Clause 8 of this Article,
Points a, b, c, d and dd Clause 2 Article 28; Point b Clause 3 Article 37 of
this Decree;
e) Providing false information or
using fraudulent documents to apply for the reissuance of the license plate,
Certificate of vehicle registration, or Certificate of technical and
environmental safety;
g) Allowing an employee or
representative to operate the vehicle committing any of the violations
specified in Point e Clause 3, Point m Clause 5 Article 23 hereof, or directly
operating the vehicle committing any of the violations specified in Point e
Clause 3, Point m Clause 5 Article 23 hereof;
h) Allowing an employee or
representative to operate the vehicle committing any of the violations
specified in Points a and dd Clause 2 Article 24 hereof, or directly operating
the vehicle committing any of the violations specified in Points a and dd
Clause 2 Article 24 hereof;
i) Allowing an employee or
representative to operate the vehicle committing any of the violations
specified in Point b Clause 2 Article 24 hereof, or directly operating the
vehicle committing any of the violations specified in Point b Clause 2 Article
24 hereof;
k) Allowing an employee or
representative to operate the vehicle committing any of the violations
specified in Clause 2 Article 33 hereof, or directly operating the vehicle
committing any of the violations specified in Clause 2 Article 33 hereof;
l) Failure to follow procedures for
transferring the vehicle ownership when buying, being given, allocated, or
inherited an automobile, tractor, heavy-duty vehicle or car-like vehicles;
m) Operating vehicles without
certificates of vehicle registration or with expired certificates of vehicle
registration; operating vehicles with temporary certificates of vehicle
registration beyond the permitted period, route and range.
8. For owners of cars, tractors,
heavy-duty vehicles and car-like vehicles: A fine ranging from
VND 4,000,000 to VND 6,000,000 shall be imposed upon an individual,
from VND 8,000,000 to VND 12.000.000 upon an organization that
commits any of the following violations:
a) Using hired or borrowed car
parts and accessories during inspection;
b) Operating a motor vehicle or
heavy-duty vehicle on public roads with a certificate of technical and
environmental safety or stamp of technical and environmental safety (if
required) that has expired for less than 01 month (including those for trailers
and semi-trailer);
c) Allowing an employee or
representative to operate the vehicle committing any of the violations
specified in Point b Clause 4 Article 24 hereof, or directly operating the
vehicle committing any of the violations specified in Point b Clause 4 Article
24 hereof;
d) Allowing an employee or
representative to operate the vehicle committing any of the violations
specified in Point d Clause 6 Article 23; Point b Clause 5 Article 24 hereof,
or directly operating the vehicle committing any of the violations specified in
Point d Clause 6 Article 23; Point b Clause 5 Article 24 hereof;
dd) Operating vehicles that have
exceeding service life, except for violations specified in Point I Clause 6
Article 28 hereof;
e) Operating vehicles with certificates
of vehicle registration, certificates and stamps certifying technical and
environmental safety of the vehicles issued by other than competent authorities
or with modified certificates of vehicle registration; operating vehicles with
certificates of vehicle registration inconsistent with chassis number of the
vehicles (including trailers and semi-trailers);
g) Operating a vehicle without a
license plate (if required); or the license plate of which is not consistent
with the Certificate of vehicle registration or not issued by a competent
authority (including trailers and semi-trailers);
h) Allowing an unqualified person
according to Clause l Article 58 (in case of automobiles, tractors and car-like
vehicles), Clause l Article 62 (in case of heavy-duty vehicles) of the Law on
Road traffic to operate the vehicle on public roads (including those using an
expired or revoked driving license or certificates of training in traffic
rules);
i) Installing and using devices
modifying license plates against regulations and law (including trailers and
semi-trailers).
9. For owners of cars, tractors,
heavy-duty vehicles and car-like vehicles: A fine ranging from
VND 6,000,000 to VND 8,000,000 shall be imposed upon an individual,
from VND 12,000,000 to VND 16,000,000 upon an organization that
commits any of the following violations:
a) Changing the chassis, engine,
brake system, transmission system without permission; changing the original
shape or size of the vehicle against the manufacturer’s design or the modified
design approved by a competent authority without permission; changing the
functions of the vehicles without permission;
b) Transforming other types of
vehicle into passenger vehicles;
c) Operating a motor vehicle or
heavy-duty vehicle on public roads without a certificate of technical and
environmental safety or stamp of technical and environmental safety (if
required) or with one that has expired for 01 month or more (including those
for trailers and semi-trailer);
d) Allowing an employee or
representative to operate the vehicle committing any of the violations
specified in Points a and d Clause 5 Article 24 hereof, or directly operating
the vehicle committing any of the violations specified in Points a and d Clause
5 Article 24 hereof;
dd) Allowing an employee or
representative to operate the vehicle committing any of the violations
specified in Clause 3 Article 33 hereof, or directly operating the vehicle
committing any of the violations specified in Clause 3 Article 33 hereof;
e) Operating trucks with trunks
different from designs of manufacturers or designs registered with vehicle
registration bodies or revised designs approved by competent agencies;
g) Operating vehicles for tourism
transportation with more or less seats and beds or dimension of cargo bays
different from designs of manufacturers or designs registered with vehicle
registration bodies or revised designs approved by competent agencies;
h) Allowing an employee or
representative to operate the vehicle committing any of the violations
specified in Point b Clause 7 Article 23; Point d Clause 6 Article 24 hereof,
or directly operating the vehicle committing any of the violations specified in
Point b Clause 7 Article 23; Point d Clause 6 Article 24 hereof.
10. For owners of cars, tractors,
heavy-duty vehicles and car-like vehicles: A fine ranging from
VND 14,000,000 to VND 16,000,000 shall be imposed upon an individual,
from VND 28,000,000 to VND 32,000,000 upon an organization that
commits any of the following violations:
a) Allowing an employee or representative
to operate the vehicle committing any of the violations specified in Points a
and b Clause 6 Article 24 hereof, or directly operating the vehicle committing
any of the violations specified in Points a and b Clause 6 Article 24 hereof;
b) Allowing an employee or
representative to operate the vehicle committing any of the violations
specified in Point a Clause 2 Article 25 hereof, or directly operating the
vehicle committing any of the violations specified in Point a Clause 2 Article
25 hereof;
c) Allowing an employee or
representative to operate the vehicle committing any of the violations
specified in Point b Clause 2 Article 25 hereof, or directly operating the
vehicle committing any of the violations specified in Point b Clause 2 Article 25
hereof;
d) Allowing an employee or
representative to operate the vehicle committing any of the violations
specified in Point c Clause 2 Article 25 hereof, or directly operating the
vehicle committing any of the violations specified in Point c Clause 2 Article
25 hereof;
dd) Allowing an employee or
representative to operate the vehicle committing any of the violations
specified in Point d Clause 2 Article 25 hereof, or directly operating the
vehicle committing any of the violations specified in Point d Clause 2 Article
25 hereof;
e) Allowing an employee or
representative to operate the vehicle committing any of the violations
specified in Point a Clause 4 Article 33 hereof, or directly operating the
vehicle committing any of the violations specified in Point a Clause 4 Article
33 hereof;
g) Allowing an employee or
representative to operate the vehicle committing any of the violations
specified in Point b Clause 4 Article 33 hereof, or directly operating the
vehicle committing any of the violations specified in Point b Clause 4 Article
33 hereof;
h) Allowing an employee or
representative to operate the vehicle committing any of the violations
specified in Point c Clause 4 Article 33 hereof, or directly operating the
vehicle committing any of the violations specified in Point c Clause 4 Article
33 hereof.
11. A fine ranging from
VND 16,000,000 to VND 18,000,000 shall be imposed upon an individual,
from VND 32,000,000 to VND 36,000,000 upon an organization that is
the owner of a car, tractor, heavy-duty vehicle, or car-like vehicle and
requests or allows an employee or representative to operate the vehicle
committing any of the violations specified in Clause 7 Article 24 hereof, or
directly operates the vehicle committing any of the violations specified in
Clause 7 Article 24 hereof.
12. For owners of cars, tractors,
heavy-duty vehicles and car-like vehicles: A fine ranging from
VND 18,000,000 to VND 20,000,000 shall be imposed upon an individual,
from VND 36,000,000 to VND 40,000,000 upon an organization that commits
any of the following violations:
a) Allowing an employee or
representative to operate the vehicle committing any of the violations
specified in Points a and b Clause 8 Article 24 hereof, or directly operating
the vehicle committing any of the violations specified in Points a and b Clause
8 Article 24 hereof;
b) Allowing an employee or
representative to operate the vehicle committing any of the violations
specified in Point b Clause 5 Article 33 hereof, or directly operating the
vehicle committing any of the violations specified in Point b Clause 5 Article
33 hereof;
13. A fine ranging from
VND 28,000,000 to VND 32,000,000 shall be imposed upon an individual,
from VND 56,000,000 to VND 64,000,000 upon an organization that is
the owner of a car, tractor, heavy-duty vehicle, or car-like vehicle and
requests or allows an employee or representative to operate the vehicle
committing any of the violations specified in Point a Clause 6 Article 33
hereof, or directly operates the vehicle committing any of the violations
specified in Point a Clause 6 Article 33 hereof.
14. Apart from incurring fines, the
violator shall also incur the following additional penalties:
a) The violation(s) specified in
Points b, d, h, i and k Clause 5; Points b and e Clause 7; Points e, g and i
Clause 8 of this Article shall lead to confiscation of license plates and
certificates of vehicle registration (in case already reissued); confiscation
of fabricated documents, files and paper; confiscation of license plates,
equipment used to modify the license plates, certificates of vehicle
registration, certificates and stamps certifying technical and environmental
safety of the vehicles and temporary vehicle registration that are
unsatisfactory or erased;
b) The violation specified in Point
a Clause 5, Point a Clause 7, Point dd Clause 8, Point b Clause 9 of this
Article shall lead to confiscation of vehicles;
c) The violation(s) specified in
Points g and h Clause 5, Point m Clause 7; Point e Clause 8 of this Article in
case of no certificates of vehicle registration or using certificates of
vehicle registration issued by other than competent agencies, not matching
chassis number or engine number of the vehicle or erased (including trailers
and semi-trailers) without documents proving vehicle origin (no documents,
certificates on transfer of vehicle ownership or documents, certificates on
legal vehicle origin) shall lead to confiscation of vehicle;
d) The violation(s) specified in
Points g, h, i and k Clause 5; Points g, i and m Clause 7; Points b, c, d, dd,
e, g and i Clause 8; Points c, d, dd and h Clause 9; Points a and e Clause 10
of this Article in case vehicle owners directly operate the vehicles shall lead
to suspension of driving license (in case of road vehicles) and certificates of
training in traffic rules (in case of heavy-duty vehicles) from 1 month to 3
months;
dd) The violation(s) specified in
Points b, c, d, dd, g and h Clause 10; Clause 11; Point b Clause 12 of this
Article in case vehicle owners directly operate the vehicles shall lead to
suspension of driving license (in case of road vehicles) and certificates of
training in traffic rules (in case of heavy-duty vehicles) from 2 months to 4
months;
e) The violation(s) specified in
Point a Clause 12 and Clause 13 of this Article in case vehicle owners directly
operate the vehicles shall lead to suspension of driving license (for motor
vehicles) or certificate of training in traffic rules (for heavy-duty vehicles)
for 3 months to 5 months;
g) The violation(s) specified in
Clauses 3 and 6 of his Article in case vehicle owners directly operate vehicle
carrying exceeding 50% to 100% more passenger than permitted number shall lead
to suspension of driving license from 1 month to 3 months;
h) The violation(s) specified in
Clauses 3 and 6 of his Article in case vehicle owners directly operate vehicle
carrying exceeding 100% more passenger than permitted number shall lead to
suspension of driving license from 3 months to 5 months;
i) The violations specified in
Point h Clause 7, Point d Clause 9, Point a Clause 10, Clause 11, Point a
Clause 12 of this Article where the cargo container or payload of the vehicle
is not conformable shall lead to suspension of the certificate of technical and
environmental safety and stamp of technical and environmental safety for 1
month to 3 months;
k) The violation specified in
Points a, e and g Clause 9 of this Article shall lead to suspension of
certificates and stamps of technical and environmental safety for 1 month to 3
months;
l) The violation(s) specified in
Clause 3 and Clause 6 of this Article in case carrying exceeding 50% of number
of passengers permissible for transport shall lead to suspension of badges from
1 month to 3 months (if any). The violation(s) specified in Points h and
i Clause 7; Points c, d and dd Clause 9; Clause 10; Clause 11; Clause 12;
Clause 13 of this Article shall lead to suspension of badges from 1 month to 3
months (if any).
15. Apart from incurring penalties,
following remedial measures shall also be adopted:
a) In case of violation(s)
specified in Clause 1; Point b Clause 2 of this Article, enforced restoration
of brands and paint color according to certificates of vehicle registration as
per the law;
b) In case of violation(s)
specified in Point a Clause 2 of this Article, enforced replacement with
equipment satisfactory to technical safety standards as per the law;
c) In case of violation(s)
specified in Point c Clause 4 and Point dd Clause 7 of this Article, enforced
compliance with regulations and law on license plates and lettering on sides
and doors of vehicles;
d) In case of violation(s)
specified in Points a, e and g Clause 9 of this Article, enforced restoration
to original shape, size or technical condition of the vehicle and inspection
before permitting operation;
dd) In case of violation(s)
specified in Point h Clause 7, Point d Clause 9, Point a Clause 10, Clause 11,
Point a Clause 12 of this Article where trunks and amount of goods permissible
for transport are not conformable to applicable regulations and law, enforced
adjustment of trunks in a manner that is satisfactory to applicable regulations
and law, inspection and adjustment of amount of goods in a manner that is
satisfactory to certificates of technical and environmental safety before
permitting operation of vehicle;
e) In case of violation(s)
specified in Clause 3 and Clause 6 of this Article (in case of passenger
transportation), enforced allocation of other vehicles to carry passengers
exceeding permissible amount;
g) In case of violation(s)
specified in Point g, h, i and k Clause 7; Point c Clause 8; Point d and dd
Clause 9; Clause 10; Clause 11; Clause 12; Clause 13 of this Article where
bridges and roads are damaged, enforced restoration to original condition prior
to the administrative violations;
h) In case of violation(s)
specified in Point b Clause 4; Points e and g Clause 5; Points c, d, l and m
Clause 7 of this Article, enforced adoption of procedures for vehicle
registration, registration for transfer, revision and revocation of
certificates of vehicle registration, license plates and certificates of
technical and environmental safety as per the law (except for cases of vehicle
confiscation).
Article 31.
Penalties imposed upon attendants on buses, fixed-route passenger vehicles,
contract-based passenger vehicles, and tourist vehicles violating traffic rules
1. A fine ranging from
VND 80,000 to VND 100,000 shall be imposed for:
a) Failure to help passengers that
are children or the elderly that cannot get on and off the vehicle themselves,
the people suffering from mobility or visual impairments;
b) Failure to wear uniforms and
name tags.
2. A fine ranging from
VND 100,000 to VND 200,000 shall be imposed upon a bus attendant that
collects money without giving tickets to passengers, or sells tickets at higher
prices than prescribed rates.
3. A fine ranging from
VND 300,000 to VND 400,000 shall be imposed upon an attendant on a
fixed-route passenger vehicle that collects money without giving tickets to
passengers, or sells tickets at higher prices than prescribed rates.
4. A fine ranging from
VND 1,000,000 to VND 2,000,000 shall be imposed for:
a) Transfer passengers to another
vehicle without their consent; threatening, humiliating passengers; fighting
over passengers; forcing passengers to use services against their will;
b) Forcing passengers to get off
the vehicle to avoid inspection by competent persons.
5. A fine ranging from
VND 3,000,000 to VND 5,000,000 shall be imposed for assaulting
passengers.
6. The person committing any of the
violations specified in Clause 2, Clause 3 of this Article (overcharging
passengers) shall be compelled to return the illegal profit earned from
committing the violation.
Article 32.
Penalties imposed passengers violating traffic rules
1. A fine ranging from
VND 50,000 to VND 100,000 shall be imposed for:
a) Failure to follow the
instructions on road safety of the driver and attendants;
b) Disturb the order on the
vehicle.
2. A fine ranging from
VND 300,000 to VND 400,000 shall be imposed for:
a) Bringing hazardous, flammable
explosive chemicals, dangerous goods, or prohibited goods to the vehicle;
b) Hanging from the vehicle;
standing, sitting, lying on the hood, roof, or luggage trunk; opening vehicle
doors or committing other unsafe acts while the vehicle is running.
3. A fine ranging from VND
2,000,000 to VND 3,000,000 shall be imposed for threatening and harming health
of other passengers, drivers and attendants on vehicles.
4. Apart from incurring fines, the
person that commits any of the violations specified in Point a Clause 2 of this
Article shall have the hazardous, flammable explosive chemicals, dangerous
goods, or prohibited goods that are brought on the passenger vehicle
confiscated.
Article 33.
Penalties imposed upon operators of tracked vehicles, the vehicles exceeding
the capacity or dimensional limit of the bridge or road (including passenger
vehicles)
1. A fine ranging from VND
1,000,000 to VND 2,000,000 shall be imposed for failure to comply with
transport permit, except for violations specified in Points a and b Clause 3;
Points b and c Clause 4 of this Article.
2. A fine ranging from
VND 2,000,000 to VND 3,000,000 shall be imposed for operating a
vehicle whose GVW exceeds the capacity of the bridge or road by exceeding 10%
to 20%, unless it is permitted in an unexpired license for transport.
3. A fine ranging from
VND 3,000,000 to VND 5,000,000 shall be imposed for:
a) Carrying goods exceeding the
dimensional limit of the bridge or road written in the License for transport;
b) Operating a tracked vehicle on
public roads without a License for transport or an unexpired one, or without
taking measures to protect the road on which it is running;
c) Operating a vehicle whose size
or cargo size exceeds the dimensional limit of the bridge or road on which it
is running, unless it is permitted in an unexpired license for transport;
d) Operating a vehicle whose GVW or
gross axle weight (including cargo and passengers thereof) exceeds the capacity
of the bridge or road by exceeding 20% to 50%, unless it is permitted in an
unexpired license for transport.
4. A fine ranging from
VND 5,000,000 to VND 7,000,000 shall be imposed for:
a) Operating a vehicle whose GVW or
gross axle weight (including cargo and passengers thereof) exceeds the capacity
of the bridge or road by exceeding 50% to 100%, unless it is permitted in an
unexpired license for transport.
b) Operating a vehicle with an
unexpired License for transport but the GVW or gross axle weight of which
(including cargo and passengers thereof) exceeds the limit written in the
License for transport;
c) Operating vehicles with valid
license for transport without sticking to routes designated in the license for
transport.
5. A fine ranging from VND
7,000,000 to VND 8,000,000 shall be imposed for operating a vehicle whose GVW
or gross axle weight (including cargo and passengers thereof) exceeds the
capacity of the bridge or road by exceeding 100% to 150%, unless it is
permitted in an unexpired license for transport.
6. A fine ranging from VND 14,000,000
to VND 16,000,000 shall be imposed for:
a) Operating a vehicle whose GVW or
gross axle weight (including cargo and passengers thereof) exceeds the capacity
of the bridge or road by exceeding 150% unless it is permitted in an unexpired
license for transport;
b) Disobeying the order for weight
or size inspection; transferring load or using other tricks to pass the
inspection.
7. Apart from incurring fines, the
vehicle operator that commits the violations shall also incur the following
additional penalties:
a) The violation(s) specified in
Clause 1, Clause 3, Point a Clause 4 of this Article shall lead to suspension
of driving license (for cars, tractors, and car-like vehicles) or the
certificate of training in traffic rules (for heavy-duty vehicles) for 1 month
to 3 months;
b) The violation(s) specified in
Points b and c Clause 4; Clause 5 of this Article shall lead to suspension of
driving license (for cars, tractors, and car-like vehicles) or the certificate
of training in traffic rules (for heavy-duty vehicles) from 2 months to 4
months;
c) The violation(s) specified in
Clause 6 of this Article shall lead to suspension of driving license (for cars,
tractors, and car-like vehicles) or the certificate of training in traffic
rules (for heavy-duty vehicles) from 3 months to 5 months.
8. If the road infrastructure is
damaged by the violations specified in Clauses 1, 2, 3, 4, 5 and 6 of this
Article, the vehicle operator committing such violations shall be compelled to
repair the damage apart from incurring the penalties.
Article 34.
Penalties imposed upon street racers and street racing watchers
1. A fine ranging from
VND 1,000,000 to VND 2,000,000 shall be imposed for:
a) Gathering to cheer, incite
speeding, weaving, chasing, or street racing;
b) Illegally racing bicycles,
motored bicycles, tricycles, animal-powered vehicles, or animals on public
roads.
2. A fine ranging from
VND 7,000,000 to VND 8,000,000 shall be imposed for illegally racing
motorcycles, mopeds, and electric motorcycles.
3. A fine ranging from
VND 8,000,000 to VND 10,000,000 shall be imposed for illegally racing
cars.
4. Apart from incurring fines, the
vehicle operator that commits the violations shall also incur the following
additional penalties:
a) The violation(s) specified in
Point b Clause 1 of this Article shall lead to confiscation of vehicles (except
for animals use to ride or tow);
b) The violation(s) specified in
Clauses 2 and 3 of this Article shall lead to confiscation of vehicle and
revocation suspension of driving license from 03 months to 05 months.
Article 35.
Penalties imposed upon operators of motor vehicles bearing foreign license
plates
1. A fine ranging from
VND 500,000 to VND 1,000,000 shall be imposed upon the operator of a
motor vehicle bearing a foreign license plate who commits any of the following
violations:
a) Operating a vehicle without a
symbol for nationality recognition;
b) The vehicle documents are not
translated into English or Vietnamese;
c) Operating a passenger vehicle
without a list of passengers.
2. A fine ranging from
VND 3,000,000 to VND 5,000,000 shall be imposed for:
a) Operating the vehicle within
Vietnam’s territory beyond the deadline;
b) Operating the vehicle beyond
permissible areas;
c) Operating the vehicle without a
license for international transport or international shipping badge or without
an unexpired one;
d) Operating a vehicle without a
temporary license plate (if required) or one issued by a competent authority;
dd) Transporting passengers or
cargo against concluded Agreements or Protocols on road transport;
e) Operating a right-hand drive
vehicle or a foreigner’s vehicle in Vietnam on public roads for tourism
purposes without a guiding vehicle as prescribed;
g) The nationality of the operator
of the right-hand drive vehicle or a vehicle bearing a foreign license plate is
not correct.
3. Apart from incurring penalties,
the vehicle operator that commits any of the violations in Point a, Point c,
Point d, Point dd Clause 2 of this Article shall be compelled to re-export the
vehicle from Vietnam.
Article 36.
Penalties imposed upon operators of vehicles registered to be operated within
in free trade zones and border checkpoint economic zones
1. A fine ranging from
VND 500,000 to VND 1,000,000 shall be imposed upon the operator of a
motorcycle or moped who commits any of the following violations:
a) Failure to present the
declaration of temporarily imported road vehicles;
b) Operating the vehicle without a
badge or an unexpired one or one issued by a competent authority.
2. A fine of VND 3,000,000 to
VND 5,000,000 shall be imposed upon the operators of a car or car-like
vehicle who commits any of the following violations:
a) Failure to present the
declaration of temporarily imported road vehicles;
b) Operating the vehicle without a
badge or an unexpired one or one issued by a competent authority.
3. Apart from incurring fines, the
vehicle operator that commits the violations shall also incur the following
additional penalties:
a) The violation(s) specified in
Point b Clause 1, Point b Clause 2 of this Article in case of expired badges or
badges issued by other than competent authorities shall lead to confiscation of
badges;
b) The vehicle shall be confiscated
in case of recommitment of any of the violations specified in Clause 1, Clause
2 of this Article.
4. Apart from incurring penalties,
the vehicle operator that commits any of the violations specified in Clause 1
and Clause 2 of this Article shall be compelled to return the vehicle to the
free trade zone or border checkpoint economic zone.
Article 37.
Penalties for violations against regulations on driver training and driving
test
1. A fine ranging from
VND 600,000 to VND 800,000 shall be imposed upon the driving
instructor who commits any of the following violations:
a) Allowing the learner who is not
wearing the learner’s badge to drive the instructional vehicle;
b) Carrying passengers or cargo on
the instructional vehicle against the law;
c) Failure to adhere to the route
in the license for instructional vehicle; failure to sit next to the learner to
assist in steering (even in the practice yard and on public roads);
d) Failure to wear the instructor’s
badge while teaching;
dd) Failure to have a lesson plan
or a suitable one;
e) Driving instructors' failure to
carry valid license for instructional vehicle.
2. A fine ranging from
VND 1,000,000 to VND 2,000,000 shall be imposed upon a driver
training institution that commits any of the following violations:
a) Using a vehicle without a roof
or solid seat for learners as an instructional vehicle as per the law;
b) Failure to sign and finalize
training contracts with learners; signing or finalizing a training contract not
bearing the learner’s signature;
c) Failure to publicize enrolment
and training regulations and tuition rate as per the law.
3. A fine ranging from
VND 3,000,000 to VND 5,000,000 shall be imposed for:
a) The driver training institution
that fails to appoint an instructor to sit next to the learner to assist in
driving, or appoint an unqualified person as an instructor;
b) The driver training institution
that uses an instructional vehicle without the license for instructional
vehicle or the “Tập lái” (Driving instruction) sign, fails to write the name of
the training institution on the doors or both sides of the vehicle;
c) The driver training institution
that uses an instructional vehicle without a twin brake system or a working
one;
d) The driver training institution
that recruits learners whose age, health, education, seniority, or length of
safe driving does not match the class of vehicle they learn;
dd) The driver training institution
that does not have adequate driving instructors to serve the training capacity
from time to time;
e) The driver training
institutions’ failure to fully store documents of a training course as per the
law;
g) The individual that provides
false information or fraudulent documents to be allowed to learn, take the test
and to be granted the driving license or certificate of training in traffic
rules;
h) Driver training institutions'
failure to maintain conditions specified in “National technical regulations on
road driver training institutions”, except for violation(s) specified in
Clauses 4, 5 and 7 of this Article;
i) The driver training
institutions' failure to fully store documents of a training period;
k) Persons attending driving test
carrying cell phones or devices allowing telecommunication via images and sound
to rooms for written test, on testing vehicles or conducting other violations
thus falsifying the test results.
4. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed upon:
a) The driver training institution
that provides driver training beyond the capacity written in the license for
driver training;
b) The driver training institution
that provides driver training at a location other than that written in the
license for driver training;
c) The driver training
institutions’ failure to fully store documents of 2 or more training courses as
per the law;
d) The driver training institution
that allows more learners on an instructional vehicle than the legal limit;
dd) The driver training institution
that fails to have adequate classrooms or classrooms having adequate teaching
materials;
e) The driver training institution
that fails to a decent practice yard or without one that satisfies all
requirements;
g) The driver training institution
that does not have adequate instructional vehicles of all levels to serve the
training capacity from time to time or using instructional vehicles for
training of inadequate level;
h) The driving test center that
fails to publicly post the testing charges and other service charges as
prescribed;
i) The driver training
institution’s failure to obtain properly functional devices to monitor
attendance during theory classes, period and route of practice driving classes
of learners;
k) The driver training
institution's failure to install properly functional sound system to publicly
announce errors of driving examinees during circuit tests as per the law;
l) The driving training
institution’s failure to equip adequate properly functional screens to
publicize recorded images of rooms for theory tests and driving test results as
per the law.
5. A fine ranging from
VND 10,000,000 to VND 15,000,000 shall be imposed upon:
a) The driver training institution
that provides driver training in vehicle classes other than those permitted;
b) The driver training institution
that fails to adhere to the prescribed training program;
c) The driver training institution
that issues Certificates of course completion or certificates of basic training
to learners against the rules;
d) The driver training institution
that uses technical measures, peripheral equipment and other measures to
interfere in operation and falsify data of devices monitoring attendance in
theory classes, period and route of practice classes;
dd) The driver training institution
that fails to install adequate and properly functional surveillance camera
recording images of theory tests and circuit tests as per the law;
e) The driver training institution
whose more than 50% of vehicles for circuit testing are ineligible for testing
as per the law;
g) The driver training institution
whose more than 50% of vehicles for road testing are ineligible for testing as
per the law;
h) The driver training institution
whose more than 50% of computers for theory testing are ineligible for testing
as per the law;
i) The driver training institution
that deliberately repositions function rooms or changes the tests without
acceptance of competent regulatory agencies;
k) The driver training
institutions' failure to fully store documents of 2 or more training periods as
per the law.
6. A fine ranging from VND
6,000,000 to VND 8,000,000 shall be imposed on an individual and from VND
12,000,000 to VND 16,000,000 on an organization which organizes admission and
training for driver without having license for driver training.
7. A fine ranging from
VND 16,000,000 to VND 20,000,000 shall be imposed upon the driving
test center that:
a) Changing or using the testing
software, grading devices, and classes of testing vehicles without approval by
a competent authority;
b) Using a computer having answers
to the questions or connected to a network outside the examination room during
the driver knowledge test;
c) Using inaccurate grading devices
during the test; using improper markings or symbols on the testing yard or
testing vehicle during the test.
8. The driving instructor that
allows the learner to commit any of the violations specified in Article 5 of
this Decree shall incur a corresponding penalty for such violation.
9. Apart from incurring fines, the
violator shall also incur the following additional penalties:
a) The driver training institutions
committing violation(s) specified in Points a, b, c, d, dd and e Clause 3;
Points a, b, d, dd, e, g and i Clause 4; Point d Clause 5 of this Article shall
be suspended from admission from 1 month to 3 months;
b) The driver training institutions
committing violation(s) specified in Point c Clause 4; Points a, b, c Clause 5
of this Article shall be suspended from admission from 2 months to 4 months;
c) The driver training institutions
committing violation(s) specified in Point i Clause 3; Points k and l Clause 4;
Points dd, e, g, h and i Clause 5 of this Article shall have the “Certificate
of qualified driving test center” suspended from 1 month to 3 months;
d) The driving test center that
commits any of the violations specified in Point k Clause 5; Clause 7 of this
Article shall have the certificate of qualified driving test center suspended
from 2 months to 5 months;
dd) The violation(s) specified in
Point g Clause 3 of this Article shall lead to confiscation of fraudulent
documents.
Article 38.
Penalties for violations against regulations on inspection of technical and
environmental safety of motor vehicles
1. A fine ranging from
VND 1,000,000 to VND 2,000,000 shall be imposed upon the inspector of
the Registry who commits any of the following violations:
a) Falsifying inspection results;
b) Failure to follow relevant
procedures and regulations during the inspection.
2. A fine ranging from
VND 5,000,000 to VND 7.000.000 shall be imposed upon the Registry
that commits any of the following violations:
a) Failure to publicly put up
inspection procedures at its office;
b) Failure to carry out inspections
as assigned;
c) Employing unqualified people as
inspectors;
d) Carrying out inspections without
adequate devices and personal protective equipment;
dd) Failure to assign adequate
number of inspector per inspection line;
e) Number of vehicles inspected and
issued with certificates per inspection line exceeding that prescribed by
regulations and law.
3. A fine ranging from
VND 8,000,000 to VND 12,000,000 shall be imposed upon the Registry
that commits any of the following violations:
a) Using a testing device without a
certification or an unexpired one;
b) Using a testing device that is
broken and thus inaccurate;
c) Failure to supervise the
inspection processes and verify inspection results;
d) Failure to store inspection data
as per the law.
4. Apart from incurring fines, the
violator shall also incur the following additional penalties:
a) The violation(s) specified in
Clause 1 of this Article shall lead to suspension of inspector certificate
shall be suspended from 1 month to 3 months;
b) The violation(s) specified in
Points c, d ,dd and e Clause 2; Points a and b Clause 3 of this Article shall lead
to suspension of certificates of satisfaction of conditions for motor vehicle
inspection from 1 month to 3 months.
Chapter III
VIOLATIONS, PENALTIES, FINES, AND REMEDIAL MEASURES
FOR RAIL TRANSPORT OFFENCES
Section 1.
VIOLATIONS AGAINST REGULATIONS ON RAILWAY SIGNALS, RAILWAY RULES, AND RAILWAY
SAFETY
Article 39.
Penalties for violations regarding installation of signaling systems and
devices at railroad crossings and road-rail bridges; connection between traffic
lights and lights installed at railroad crossings and road-rail bridges;
provision of safety information at junction between railways and roads
1. A fine ranging from
VND 3,000,000 to VND 5,000,000 shall be imposed upon the organization
responsible for railway infrastructure management, operation, and maintenance
that commits any of the following violations:
a) Failure to provide adequate
safety information to execute tasks at safety signaling positions;
b) Failure to provide adequate
equipment serving safety signally as per the law.
2. A fine ranging from VND
6,000,000 to VND 8,000,000 shall be imposed on a national railway
infrastructure company, an organization assigned to manage and maintain
national railway infrastructure or an owner of specialized railway with
road-rail bridges that commits any of following violations:
a) Failure to establish means of
communication between stations at 2 ends of bridges to ensure coherent and safe
traffic as per the law;
b) Failure to establish road and
rail connection at road-rail bridges under management of the company as per the
law.
3. A fine ranging from VND
8,000,000 to VND 10,000,000 shall be imposed on an organization assigned to
manage, utilize and maintain road infrastructure, a railway infrastructure
company, an organization assigned to manage and maintain national railway
infrastructure or an owner of specialized railway that commits any of following
violations:
a) Failure to adequately install
and maintain normal operation of signaling systems, signals and equipment at
level-crossings and road-rail bridges, failure to organize safety measures as
per the law;
b) Failure to report promptly,
failure to cooperate with competent agencies regulating traffic to ensure safe
traffic at level crossings when traffic lights situated on road section of the
level crossings under management are damaged;
c) Failure to issue policies on
reporting and maintaining signal connection systems under management as per the
law;
d) Failure to prepare plans for
construction and maintenance of structures and equipment of signal connection
systems under management as per the law.
4. Apart from the penalties, the
organization assigned to manage, utilize and maintain road infrastructure that
commits the violation specified in Point a Clause 3 of this Article shall be
compelled to adequately install and maintain signaling systems and devices and
implementing safety measures at railroad crossings as prescribed.
Article 40.
Penalties for violations against regulations on inspection and repair of
coaches, train assembly and brake testing
1. A fine ranging from
VND 300,000 to VND 500,000 shall be imposed upon the inspector that:
a) Fails to inspect and repair
inbound and outbound trains or inadequately inspects and repairs inbound and
outbound trains;
b) Repairs coaches on the rail in a
station without implementing safety measures as per the law;
c) Allows a car unsatisfactory to
national technical regulations on technical and environmental safety connects
with the train;
d) Fails to detect or repair damage
to the coaches and thus causes train delay.
2. A fine ranging from
VND 500,000 to VND 1,000,000 shall be imposed upon a train dispatcher
or traffic controller who assembles a train against national technical regulations
on rail operation.
3. A fine ranging from
VND 1,000,000 to VND 2,000,000 shall be imposed upon a train
dispatcher or traffic controller that:
a) Assembles a train that includes
a car unsatisfactory to national technical regulations on technical and environment
safety, unless the vehicle is put to test or damaged vehicle is brought back to
facility for repair;
b) Assembles cargo coaches that
contain animals, stinky goods, flammable/explosive substances, hazardous
substances, or other dangerous goods into a passenger train.
4. A fine ranging from
VND 2,000,000 to VND 3,000,000 shall be imposed upon a traffic
controller, train captain, train driver, or train inspector that:
a) Allows a train without
sufficient brake pressure to run from the assembly station to another station
that requires brake testing;
b) Allows a train to run without
brake testing.
5. A fine of VND 3,000,000 to
VND 4,000,000 shall be imposed upon a rail transport enterprise, railway
infrastructure enterprise or owner of specialized railway that commits any of
the following violations:
a) The rail transport enterprises
failing to regulate contents and titles in charge of technical inspection as
per the law;
b) Railway infrastructure
enterprises and owners of specialized railway failing to regulate location for
technical inspection of the train and failing to supervise the technical
inspection as per the law.
6. A fine ranging from VND
4,000,000 to VND 5,000,000 shall be imposed on an organization assigned to
repair, manage and utilize railway vehicles which lacks adequate and necessary
technical equipment, components and materials to prepare, examine and maintain
railway vehicles at locomotive station and rail car repair stations as per the
law.
7. Apart from incurring penalties,
the person that commits any of the violations specified in Clause 4 of this
Article shall be compelled to carry out brake testing as prescribed.
Article 41.
Penalties for violations against regulations on shunting
1. A fine ranging from
VND 500,000 to VND 1,000,000 shall be imposed upon the driver of the
shunter, shunting commander or worker that:
a) Allows the locomotive to move
before receiving a shunting plan or signal from the shunting commander;
b) Exceeds the permissible shunting
limit;
c) Kicks or drops a coach marked
“No kicking”, or in a station where kicking is prohibited;
d) Kicks a coach to a track where
another coach is under repair or loading; kicks a coach to a track in the rail
section or a track where lighting is insufficient, or in a foggy or storming
whether;
dd) Lets the coach pass the safety
mark after shunting, except for prescribed special cases;
e) Leaves a locomotive or coach on
a safety track without order from a competent person;
g) Place chokes on the rail where
prohibited;
h) Carries out shunting before the
coaches are connected as prescribed;
i) Leaves unclassified and coaches
on the station rail in the rail section or separate track without connecting
them or applying the brakes at the ends of the consists or choking properly.
2. A fine ranging from
VND 1,000,000 to VND 1,500,000 shall be imposed upon the train driver
or shunting commander who shunts the train beyond the station perimeter.
3. A fine ranging from
VND 1,500,000 to VND 2,000,000 shall be imposed upon a train dispatcher
or traffic controller that:
a) Leaves cars carrying dangerous
commodities (flammable and explosive substances) disconnected from the train
and separated from one another, choked improperly, situated on other than a
separate track or indicated with mobile “stop” signals after shunting;
b) Fails to switch rails that are
leading to cars containing dangerous commodities (explosives and flammable
substances) to other routes.
4. Apart from incurring penalties,
following remedial measures shall also be adopted:
a) The violation(s) specified in
Point a Clause 3 of this Article shall lead to repositioning of cars containing
dangerous commodities (explosives and flammable substances in accordance with
regulations and law on shunting;
b) The violation(s) specified in
Point b Clause 3 of this Article shall lead to repositioning of rails to lead
to other routes in accordance with regulations and law on shunting.
Article 42.
Penalties for violations against regulations on train operation
1. A fine ranging from VND 200,000
to VND 400,000 shall be imposed upon the operators, captains and vices in
charge of passenger safety of passenger trains, or traffic controllers who fail
to sign the warning.
2. A fine ranging from
VND 400,000 to VND 500,000 shall be imposed upon the train drivers,
train captains, vices, traffic controllers, train inspectors or accompanying
technicians who fail to perform brake test, fully specify details or sign the
certification of brake functionality as prescribed.
3. A fine ranging from VND 1,000,000
to VND 3,000,000 shall be imposed upon the train driver that:
a) Reverses the train in a foggy or
stormy weather without receiving signals;
b) Reverses the train while the
signal transmission is interrupted while another train in the same direction is
running behind;
c) Reverses the train in the rail
section without orders;
d) Runs or reverses the train
without permission after a distress signal has been sent;
dd) Reverses the train when is
pushed by a locomotive to the rail section.
4. A fine ranging from
VND 3,000,000 to VND 5,000,000 shall be imposed upon a traffic
controller, train captain, train driver, or switchman that:
a) Traffic controller, driver and
captain allowing the trains to enter rails connecting 2 stations without
obtaining permission to do so;
b) Traffic controller and switchman
allowing unauthorized persons to perform their tasks without permission.
5. Apart from incurring fines, a
vehicle operator that commits any of the violations specified in Clause 3 and
Point a Clause 4 of this Article shall also have his/her driving license
suspended from 1 month to 3 months.
Article 43.
Penalties for violations against regulations on receiving and sending trains
1. A fine ranging from
VND 200,000 to VND 400,000 shall be imposed upon a rail worker that
commits any of the following violations on guard duty:
a) Failure to receive or send
inbound and outbound trains while on watch at the station, switch, crossing,
road-rail bridge, or while patrolling a bridge or road, or failure to do so properly,
except for violations specified in Clauses 2, 3 and 4 of this Article;
b) Failure to record every telegram
while on watch at the station;
c) Failure to record sufficient
information about the times when trains pass by while on watch at the station,
crossing, or road-rail bridge.
2. A fine ranging from
VND 500,000 to VND 1,000,000 shall be imposed upon the traffic
controller allows the train to park before the entrance signal post without
acceptable explanation.
3. A fine ranging from
VND 1,000,000 to VND 2,000,000 shall be imposed upon the flagman at
the crossing or road-rail bridge that fails to erect the barrier on time.
4. A fine ranging from
VND 2,000,000 to VND 4,000,000 shall be imposed upon the traffic
controller that commits any of the following violations:
a) Failure to take safety measures
when a train is approaching;
b) Mistaking the trains;
c) Receiving or sending a train
without taking the switch key or lock the switch;
d) Allows a train to enter a rail
section without notifying the flagman or persons watching road-rail bridges as
prescribed;
dd) Allowing other railway vehicles
to take over main rail in the stations, unless in case of force majeure
(dodging, overtaking, shunting, coupling, evacuation and rescue);
e) Failure to inform traffic
controllers about stations of arrival and stations of departure, train
dispatchers about train number, actual time of arrival and departure and
crossing when the trains arrive, depart and cross the stations as per the law;
g) Failure to examine and confirm
whether shunting or coupling may have influenced and obstructed tracks for
receiving and sending trains as per the law.
Article 44.
Penalties for violations against regulations on observance of railway signals
1. A fine ranging VND 300,000
to VND 500,000 shall be imposed upon the train driver, shunting commander
or worker that commits any of the following violations:
a) Failure to respond to shunting
signals by blowing the train whistle;
b) Failure to send appropriate
signals while shunting.
2. A fine ranging from VND 500,000
to VND 1,000,000 shall be imposed on flagman and persons watching road-rail
bridges for failing to regulate traffic when barriers are down, lighting
signals are not functioning or improperly functioning.
3. A fine to VND 2,000,000 to
VND 3,000,000 shall be imposed upon the train driver or train captain
that:
a) The train driver or captain who
allows the train to run without receiving a safety signal from the traffic
controller or the signaling employee;
b) The train driver who drives the
train pass the signals to enter or leave a closed station without permission
from the chief traffic controller;
c) The train driver who fails to
stop the train when it reaches the protective flare and the flare sets off ;
d) The train driver who keeps the
train running after receiving the stop signal.
4. Apart from incurring fines, a
vehicle operator that commits any of the violations specified in Points b, c
and d Clause 3 of this Article shall also have his/her driving license
suspended from 1 month to 3 months.
Article 45.
Penalties for violations against regulations on development and publication of
maximum load order, maximum speed order and timetable
1. A fine ranging from VND
5,000,000 to VND 10,000,000 shall be imposed on a rail transport enterprise who
fails to publicize or inadequately publicize timetable as per the law.
2. A fine ranging from
VND 10,000,000 to VND 15,000,000 shall be imposed upon a national
rail infrastructure enterprise that commits any of the following violations:
a) Failure to adequately publicize
timetable on mass media and website of the enterprise as per the law;
b) Failure to publicize maximum
load order and maximum speed order on website of the enterprise as per the law.
3. A fine ranging from VND
15,000,000 to VND 20,000,000 shall be imposed on a national rail infrastructure
enterprise who fails to adequately satisfy work items specified in the maximum
load order, maximum speed order and timetable as per the law.
Article 46.
Penalties for violations against regulations on train dispatching
1. A fine ranging from
VND 200,000 to VND 400,000 shall be imposed upon the train dispatcher
that fails to check the adherence to the timetable and train assembly plan.
2. A fine of VND 2,000,000 to
VND 3,000,000 shall be imposed upon the train dispatcher that commits any
of the following violations:
a) Sending train orders ultra
vires;
b) Failure to order the traffic
controller to send warnings to the train driver in time;
c) Failure to order the blockade of
a rail section to execute construction or repair railway infrastructure;
sending a rescue train or building train to the section that need blocking;
d) Causing train delay or traffic
congestion due to late transmission of orders.
3. A fine ranging from
VND 3,000,000 to VND 4,000,000 shall be imposed upon the train
dispatcher who fails to warn train driver, train captain, or traffic controller
as per the law.
Article 47.
Penalties for violations against regulations traffic at railroad crossings,
road-rail bridges, and tunnels
1. A fine ranging from VND 60,000
to VND 100,000 shall be imposed on any pedestrian who trespasses the barrier of
the crossing or road-rail bridge when barrier is moving or has closed or the
light has turned red; disobeys the signals, signs, road markings, or
instructions of the flagman when going through the crossing or road-rail
bridge, or tunnel.
2. A fine ranging from VND 80,000
to VND 100,000 shall be imposed on any bicycle, motored bicycle, or
non-motorized vehicle operator that disobeys the signals, signs, or road
markings when going through the crossing or road-rail bridge.
3. A fine ranging from
VND 100,000 to VND 200,000 shall be imposed upon any bicycle, motored
bicycle, non-motorized vehicle operator that stops or parks within crossing
length; trespasses the barrier of the crossing or road-rail bridge while the
barrier is moving or when the light has turned red; disobeys the signals or
instructions of the flagman when going through the crossing or road-rail
bridge.
4. A fine ranging from
VND 200,000 to VND 300,000 shall be imposed upon any motorcycle and
moped operator (including electric motorcycles) who stops or parks within the
length of the crossing or road-rail bridge, or disobeys the signals, signs, or
road markings when going through the crossing or road-rail bridge.
5. A fine ranging from
VND 600,000 to VND 1,000,000 shall be imposed upon any motorcycle and
moped operator (including electric motorcycles) that trespasses the barrier of
the crossing or road-rail bridge while the barrier is moving or when the light
has turned red; disobeys the signals or instructions of the flagman when going
through the crossing or road-rail bridge.
6. A fine ranging from
VND 800,000 to VND 1,000,000 shall be imposed upon any operator of a
car, tractor or heavy-duty vehicle who stops parks or makes an u-turn within
the length of the crossing or road-rail bridge; disobeys the signals, signs, or
road markings when going through the crossing or road-rail bridge.
7. A fine ranging from
VND 1,000,000 to VND 2,000,000 shall be imposed upon any operator of
a tractor or heavy-duty vehicle who trespasses the barrier of the crossing or
road-rail bridge while the barrier is moving or when the light has turned red;
disobeys the signals or instructions of the flagman when going through the
crossing or road-rail bridge.
8. A fine ranging from
VND 3,000,000 to VND 5,000,000 shall be imposed upon any operator of
a car or car-like vehicle who trespasses the barrier of the crossing or
road-rail bridge while the barrier is moving or when the light has turned red;
disobeys the signals or instructions of the flagman when going through the
crossing or road-rail bridge.
9. A fine ranging from
VND 5,000,000 to VND 7,000,000 shall be imposed upon any operator of
a road vehicle who:
a) Damages the barrier or other
equipment at the crossing or road-rail bridge while operating the motor
vehicle;
b) Drives a tracked vehicle,
iron-wheel road roller, transporter of oversized cargo or cargo exceeding the
dimensional limit across the crossing without notifying the crossing management
unit, or without taking safety measures properly.
10. Apart from incurring fines,
persons committing violations specified in Clauses 5, 7, 8 and 9 of this
Article shall also have their driving license (in case of motor vehicles) or
certificates of training in traffic rules (in case of heavy-duty vehicle) from
1 month to 3 months.
11. Apart from incurring the
penalties, the vehicle operator who commits any of the violations specified in
Clause 9 of this Article shall be compelled to repair the damage caused by the
violation.
Article 48.
Penalties for violations against regulations on prevention and settlement of
railway accidents
1. A warning or a fine ranging from
VND 100,000 to VND 200,000 shall be imposed upon the individual that
fails to report railway accident, behavior or incident potentially obstructing
or rendering rail transport unsafe to the nearest train station, railway
authority, local authority, or police station.
2. A fine ranging from
VND 1,000,000 to VND 2,000,000 shall be imposed upon the responsible
individual who fails to discover incidents or obstacles on the railway that
threaten the rail transport safety, or fails to report them or take protective
measures properly.
3. A fine ranging from VND 2,000,000
to VND 3,000,000 shall be imposed upon the responsible individual who
fails compile initial documents about the accident; fails to report the railway
accident relevant entities as prescribed.
4. A fine ranging from
VND 3,000,000 to VND 4,000,000 shall be imposed upon an individual,
from VND 6,000,000 to VND 8,000,000 upon an organization that commits
any of the following violations:
a) Failure to provide adequate
documents and evidence relating to railway accidents; failure to transfer
initial documents on the accidents as per the law;
b) Failure to perform rescue duty
while capable;
c) Failure to be present at the
crash scene of a railway accident when informed or when requested for
cooperation and assistance;
d) Failure to take measures for
preventing railway accidents when discovering or informed of damage to a
railway work;
dd) Failure to resolve the issues
affecting the train operation;
e) Obstructing the restoration of
the railway when an accident happens.
5. A fine ranging from
VND 6,000,000 to VND 8,000,000 shall be imposed upon any person:
a) Changing the crash scene;
b) Taking advantage of the railway
accident to appropriate property or vehicle involved in the accident;
disturbing, obstructing the handling of the railway accident;
c) Failure to report to a competent
authority after causing a railway accident;
d) Failure to cooperate or
disobeying orders of competent persons or authorities for repair of damage and
restoration of rail transport.
6. A fine ranging from
VND 8,000,000 to VND 12,000,000 shall be imposed upon a rail
infrastructure enterprise, urban railway enterprise or specialized railway
enterprise that commits any of the following violations:
a) Failure to establish a rescue
body or analysis body upon railway accidents as per the law;
b) Failure to store documents on
railway accidents, failure to regularly update figures of railway accidents as
per the law;
c) Failure to specify
responsibilities of units participating in national railway in dealing with
railway accidents, failure to publicize address and phone number of relevant
organizations and individuals to enable handling railway accidents as per the
law.
7. A fine ranging from
VND 15,000,000 to VND 20,000,000 shall be imposed upon the rail
transport enterprise that commits any of the following violations:
a) Failure to develop and implement
measures to prevent and remediate railway accidents to ensure safe and
continuous rail transport;
b) Failure to obey direction of the
organization in charge of preventing and handling railway accidents;
c) Failure to report threats to
train operation and suspension of train operation to the traffic controllers at
two ends of the rail section where the threat is found, or to the rail
transport operators;
d) Failure to suspend train
operation when the rail infrastructure is found threatening train operation
safety;
dd) Failure to establish response
and rescue teams to deal with railway accidents.
Article 49.
Penalties for violations against regulations on railway safety assurance
1. A fine ranging from
VND 300,000 to VND 500,000 shall be imposed upon any person:
a) Walking, standing, lying,
sitting or conducting other activities on railways, on bridges and tunnels
solely for rail transport, other than railway personnel and competent agencies
on duty;
b) Trespassing the fences or walls
that separate the railway from the surrounding;
c) Taking animals across the
railway at inappropriate positions, or leaving animals to pull a vehicle across
the railway without a rider;
d) Walking, standing, lying,
sitting or conducting other activities on the roof of the coach, locomotive,
steps; hanging, standing, sitting on the sides of the coach, locomotive, or
connector; opening the train doors; poking the head, arm, leg, or other stuff
out the coach when the train is running, except for railway personnel and
competent agencies on duty;
dd) Placing farm produce and other
objects on the railway line or other railway works;
e) Spilling debris or other
materials on the railway line.
2. A fine ranging from
VND 2,000,000 to VND 3,000,000 shall be imposed upon any person:
a) Anchoring a ship, boat, other
watercraft or object within the safety perimeter of the railway bridge;
b) Placing a road vehicle,
equipment, materials, or cargo in the railway clearance, except for the
violations specified in Point b Clause 3 of this Article.
3. A fine ranging from
VND 3,000,000 to VND 5,000,000 shall be imposed upon any person:
a) Obstructing the train operation;
arbitrarily using signals or equipment to stop the train, unless a threat to
railway safety is found;
b) Placing obstacles on the railway
line;
c) Opening closed barriers on
purpose.
4. A fine ranging from
VND 5,000,000 to VND 8,000,000 shall be imposed upon an individual,
from VND 10,000,000 to VND 16,000,000 upon an organization which owns
electricity or telecommunication structure that commits any of the following
violations:
a) Failure to adopt measures to
ensure railway structure safety and rail transport safety in case the
electricity or telecommunication structure is situated within safety perimeter
of the railway work and railway safety corridor;
b) Failure to adopt safety measures
thus causing the electricity structure or power lines to disturb railway
information and signaling systems;
c) Failure to adopt measures to
ensure safety of railway equipment, structure and rail transport in case the
power lines are met with accidents or downed within safety perimeter of the
railway work and railway safety corridor;
5. A fine ranging from 5,000,000 to
VND 10,000,000 shall be imposed upon any individual who drops wood,
stones, or other objects causing a railway accident.
6. A fine ranging from VND
10,000,000 to VND 15,000,000 shall be imposed on a national railway
infrastructure company, an organization assigned to manage and maintain
national railway infrastructure or an entity managing and utilizing specialized
crossing that fails to assign personnel to guard the crossings under management
as per the law.
7. A fine ranging from
VND 15,000,000 to VND 20,000,000 shall be imposed upon a national
rail infrastructure enterprise that commits any of the following violations:
a) Failure to adopt technical
solutions to ensure rail transport safety during utilization and trade of
railway infrastructure with respect to routes permitted to use slopes steeper
than limited gradient;
b) Failure to develop safety
measures to enable passengers to get on and get off trains in stations with
platforms that have not been upgraded or renovated.
8. Apart from the fines, the violator
shall also be compelled to:
a) The violation(s) specified in
Point a Clause 1 of this Article shall lead to removal from the railway,
bridges and tunnels used solely for rail transport;
b) The violation(s) specified in
Point dd Clause 1 of this Article shall lead to removal of farm produce and
other objects from the railway line or other railway works;
c) The violation(s) specified in
Point e Clause 1, Point b Clause 3 of this Article shall lead to removal of
debris, obstacles, and other materials from the railway lines;
d) The violation(s) specified in
Point a Clause 2 of this Article shall lead to removal of ships, boats, other
watercrafts or objects from the safety perimeter of the railway bridges;
dd) The violation(s) specified in
Point b Clause 2 of this Article shall lead to removal of road vehicles,
equipment, materials and cargoes from the railway clearance;
e) The violation(s) specified in
Clause 4 of this Article shall lead to adoption of measures to ensure railway
safety;
Article 50.
Penalties for violations against regulations on management of urban railway
safety assurance
1. A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed upon an urban rail
enterprise that commits any of the following violations:
a) Bringing urban railway into
operation without certificates of verification of safety dossier of urban
railway system as per the law;
b) Bringing urban railway into
operation without periodic certificates of operation safety management system
for urban railway that are valid or issued by competent agencies.
2. Apart from incurring penalties,
urban railway enterprises committing violation(s) specified in Clause1 of this
Article shall also be suspended from railway operation from 1 month to 3
months.
Section 2.
VIOLATIONS AGAINST REGULATIONS ON RAILWAY INFRASTRUCTURE
Article 51.
Penalties for violations against regulations on protection of railway works
1. A fine ranging from
VND 300,000 to VND 500,000 shall be imposed upon any individual who
dumps garbage on the railway or dropping domestic waste from the train to the
railway.
2. A fine ranging from
VND 3,000,000 to VND 5,000,000 shall be imposed upon an individual,
from VND 6,000,000 to VND 10,000,000 upon an organization that
commits any of the following violations:
a) Dumping or allowing toxic
substances and wastes on railway or releasing wastes that have not been
certified in terms of environmental hygiene on railway;
b) Dumping debris, other materials
on the railway or dropping them from the train to the railway in transit;
c) Leaving flammable substances or
explosives in safety perimeter of the railway work and railway safety corridor;
d) Obstructing rail transport
signals;
dd) Damaging the railway drainage
system;
e) Illegally placing concrete,
wood, steel, or other materials within the railway or within safety perimeter
of the railway work;
g) Pumping or releasing water or
other liquid thus flooding the track ballast, impacting drainage capacity of
railway drainage system or affecting railway structure quality and safety.
3. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed upon an individual,
from VND 10,000,000 to VND 20,000,000 upon an organization that
commits any of the following violations:
a) Digging, extracting, piling
earth, stone or other materials within the perimeter of the railway work or the
railway safety corridor;
b) Illegally damaging or
dismantling walls and barriers separating railway from the surrounding areas;
illegally displacing, destroying or removing railway station markers, markers
of land areas for rail transport, fences which are used for concealing
improvised pathways and pillars for restricting improvised pathways;
c) Damaging, changing, moving the
signs, landmarks, or signals of railway works.
4. A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed upon an individual,
from VND 20,000,000 to VND 40,000,000 upon an organization that
commits any of the following violations:
a) Creating improvised pathways
across railway;
b) Illegally drilling, digging or
cutting the railway;
c) Illegally dismantling or
displacing the rails, sleepers, parts, components, supplies, and equipment of
the railway signaling system;
d) Illegally extending
telecommunication or power lines, constructing bridges, overpasses, tunnels,
underpasses, sewers, electric poles, utility poles, water transmission and
distribution system, pipes for water supply and drainage, telecommunication
works (including structures serving national defense and security) across the
railway or within land area for rail transport.
5. A fine ranging from VND
20,000,000 to VND 25,000,000 shall be imposed on an individual and from VND
40,000,000 to VND 50,000,000 on an organization that uses explosive or extracts
stones, sand, or gravel causing the railway work to subside, crack, or blocking
rail transport;
6. Apart from incurring penalties,
following remedial measures shall also be adopted:
a) The violation(s) specified in
Clause 1; Point a, Point b Clause 2 of this Article shall lead to removal of
debris, hazardous substances, waste, and other materials from the railway;
b) The violation(s) specified in
Point c Clause 2 of this Article shall lead to removal of flammable or
explosive substances from the land area for rail transport;
c) The violation(s) specified in
Point d Clause 2 shall lead to removal of objects that block the signs,
landmarks, or signals of the railway work;
d) The violation(s) specified in
Point dd Clause 2 of this Article shall lead to restoration to original
condition of railway drainage system prior to the administrative violations;
dd) The violation(s) specified in
Point e Clause 2 of this Article shall lead to removal of concrete, wood,
steel, or other materials from the safety perimeter of the railway work;
e) The violation(s) specified in
Point g Clause 2; Clause 3; Points a, b and c Clause 4; Clause 5 of this
Article shall lead to restoration to original conditions prior to the
administrative violations;
g) The violation(s) specified in
Point d Clause 4 of this Article shall lead to deconstruction of constructions
illegally built (without permit or different from permits) and restoration to
original conditions prior to the administrative violations.
Article 52.
Penalties for violations against regulations on construction, resource
attraction, and other activities in the vicinity of railway works
1. A fine ranging from
VND 1,000,000 to VND 3,000,000 shall be imposed upon an individual,
VND 2,000,000 to VND 6,000,000 upon an organization that carries out
construction or resource attraction or other activities in the vicinity of a
railway work without taking measures for assurance of railway work safety and
rail transport safety.
2. A fine ranging from
VND 3,000,000 to VND 6,000,000 shall be imposed upon an individual,
from VND 6,000,000 to VND 12,000,000 upon an organization that
commits any of the following violations:
a) Building a lime kiln, pottery
kiln, brick kiln, cast iron, steel, or glass melting furnace at a distance of
less than 10 m from the boundary of the railway safety corridor;
b) Building a house from flammable
materials at a distance of less than 05 m from the boundary of the railway
safety corridor;
c) Constructing telecommunication
antennas, communication lines and power lines in a manner that distance from
the bottom of said poles to the shoulders of roadbeds that are not cut or
filled, bottom of the slopes of filled roads, top of the slops of cut roads,
outer edges of structures of railway bridges, communication and signaling lines
are less than 1.3 times the height of said poles or less than 5 meters without
acceptance of Minister of Transport;
d) Executing construction or
resource extraction or other activities in the vicinity of a railway work
damaging the railway work;
dd) Erecting constructing within
traffic safety corridor in crossing areas without assigning watchmen.
3. A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed upon an individual,
from VND 20,000,000 to VND 40,000,000 upon an organization that
commits any of the violations specified in Clause 1 and Clause 2 of this
Article causing a railway accident.
4. Apart from incurring penalties,
following remedial measures shall also be adopted:
a) The violation(s) specified in
Clause 1 of this Article shall lead to immediate adoption of measures to ensure
railway safety;
b) The violations specified in
Points a, b, c and dd Clause 2; Clause 3 of this Article shall lead to
dismantling of construction work threatening railway safety;
c) The violation(s) specified in
Point d Clause 2 of this Article shall lead to restoration to original
condition of railway structures prior to the administrative violations.
Article 53.
Penalties for violations against regulations on the use of land area for
railway transport
1. A fine ranging from
VND 300,000 to VND 500,000 shall be imposed upon an individual, from
VND 600,000 to VND 1,000,000 upon an organization that commits any of
the following violations:
a) Illegally planting trees within
urban railway safety corridor; planting trees taller than 1.5 m or lower than
1.5 m and affecting structure safety and stability and rail transport safety
during utilization process or planting trees obstructing vision of road users
within national railway and specialized railway safety corridor;
b) Trading goods, holding markets,
herding cattle on the railway or within the perimeter of the railway or the
railway safety corridor.
2. A fine ranging from VND
500,000 to VND 1,000,000 shall be imposed upon an individual, from
VND 1,000,000 to VND 2,000,000 upon an organization that uses land
within the perimeter the railway work or the railway safety corridor for
farming purposes damaging the railway work or causing it to subside or crack,
or blocking rail transport.
3. A fine ranging from
VND 2,000,000 to VND 3,000,000 shall be imposed upon an individual,
from VND 4,000,000 to VND 6,000,000 upon an organization that commits
any of the following violations:
a) Illegally placing vehicles,
equipment, materials, goods, wastes, or other items within the perimeter of the
railway or the railway safety corridor, or in stations or depots;
b) Illegally erecting booths or
tents within the land area for rail transport;
c) Placing, erecting advertising
boards, sign boards or other obstacles within the land area for rail transport;
d) Delaying removal of the booths
or construction, or obstructing the construction, repair, expansion, or
assurance of railway work safety at the request of a competent authority.
4. A fine ranging from
VND 20,000,000 to VND 25,000,000 shall be imposed upon an individual,
from VND 40,000,000 to VND 50,000,000 upon an organization that
commits any of the following violations:
a) Illegally erecting houses or
other constructions (including constructions serving national defense and
security) within land area for rail transport, except for violations specified
in Points b and c Clause 3 of this Article; Point d Clause 4 Article 51 of this
Decree;
b) Illegally erecting advertising
boards or sign boards within the land area for rail transport.
5. Apart from incurring penalties,
following remedial measures shall also be adopted:
a) The violation(s) specified in
Point a Clause 1 of this Article shall lead to reduction in height of trees
exceeding permitted height, relocation of trees planted against regulations and
law or affecting structure safety and rail transport safety;
b) The violation(s) specified in
Clause 2 of this Article shall lead to restoration to original condition prior
to the administrative violations;
c) The violation(s) specified in
Point a Clause 3 of this Article shall lead to removal of vehicles, equipment,
materials, goods, waste, and other objects from the railway work perimeter or
railway safety corridor;
d) The violation(s) specified in Point
b Clause 3 of this Article shall lead to dismantling and relocating tents and
booths illegally erected from land area for rail transport;
dd) The violation(s) specified in
Point c Clause 3 of this Article shall lead to removal of advertising boards, signboards
and other obstacles illegally erected from the land area for rail transport;
e) The violation(s) specified in
Point d Clause 3 of this Article shall lead to deconstruction or relocation of
buildings, houses, tents or booths obstructing construction, renovation,
extension and safety assurance of railway structures;
g) The violation(s) specified in
Clause 4 of this Article shall lead to dismantling or relocation of houses,
buildings, advertising panels or indication signs illegally built (without permit
or in a manner that is inconsistent with the permits) from land area for rail
transport.
Article 54.
Penalties for violations against regulations on construction, management and
utilization of essential works not affiliated with railway infrastructure but
situated within land area for rail transport
1. A fine ranging from
VND 2,000,000 to VND 3,000,000 shall be imposed upon an individual,
from VND 4,000,000 to VND 6,000,000 upon an organization that commits
any of the following violations:
a) Commencing construction without
obtaining written acceptance of construction methods, traffic safety measures
and clearance period for construction issued by competent organizations as per
the law;
b) Failure to hand over sites and
as-built dossiers to relevant organizations after finishing construction as per
the law;
c) Leaving materials, machinery and
equipment for construction breaching the railway clearance when blocks are not
cleared or clearance period of the blocks is expired.
2. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed upon an individual,
from VND 10,000,000 to VND 20,000,000 upon an organization that
commits any of the following violations:
a) Failure to fully adopt measures
to ensure rail transport safety during construction;
b) Failure to promptly reinforce
essential works to ensure railway structure safety and rail transport safety
upon detecting or receiving reports on damaged essential works;
c) Failure to take charge and
relocate or renovate structures at request of competent agencies as per the
law;
d) Failure to deconstruct the
constructions upon expired;
dd) Failure to deconstruct the
constructions that are inconsistent with permits or constructions whose permits
are revoked or cancelled by competent agencies.
3. A fine ranging from VND
7,500,000 to VND 10,000,000 shall be imposed on an individual, from VND
15,000,000 to VND 20,000,000 shall be imposed on an organization for commencing
construction before being transferred with the construction premises as per the
law.
4. A fine ranging from VND
10,000,000 to VND 20,000,000 shall be imposed on an individual, from VND
20,000,000 to VND 40,000,000 shall be imposed on an organization that causes
rail transport accidents while commencing construction.
5. Apart from incurring penalties,
following remedial measures shall also be adopted:
a) The violation(s) specified in
Point c Clause 1 of this Article shall lead to removal machinery, equipment and
materials from the railway clearance;
b) The violation(s) specified in
Points b and c Clause 2 of this Article shall lead to fortification, relocation
or innovation of construction affecting rail transport safety at request of
competent agencies;
c) The violation(s) specified in
Points d and dd Clause 2 of this Article shall lead to deconstruction of
expired constructions, constructions that are inconsistent with permits or
constructions whose permits are revoked or cancelled.
Article 55.
Penalties for violations against regulations on railway infrastructure
administration and maintenance
1. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed upon the
organization responsible for railway infrastructure management, operation, and
maintenance that commits any of the following violations:
a) Failure to prepare management
list of crossings unconformable with Law on Railway; failure to prepare or
update dossiers on dangerous locations for rail transport safety and improvised
pathways across railway;
b) Failure to discover or report
the discovered infringements upon the railway perimeter or the railway safety
corridor under their management to competent authorities;
c) Failure to keep or properly keep
records on management of railway works and railway safety corridors;
d) Failure to promptly detect or
comply with regulations and law when detecting or receiving reports on
violations against railway infrastructure;
dd) Failure to report threats to
train operation and suspension of train operation to the traffic controllers at
two ends of the rail section where the threat is found, to the rail transport
operators or to users of railway infrastructure;
e) Failure to develop routes, adopt
measures to ensure safety at dangerous locations regarding rail transport
safety as per the law;
g) Failure to establish guard posts
at crossings that are dangerous locations regarding rail transport safety on
national railway; failure to provide professional training on guarding and
patrolling as per the law for persons assigned by local governments to guard
and patrol at improvised pathways;
h) Failure to develop quality
control system for railway structure maintenance as per the law;
i) Failure to maintain technical
status and quality of railway infrastructure as publicized or facilitating
railway structure accidents due to failure to maintain railway structures as
per the law;
k) Failure to promptly detect or
comply with regulations and law when detecting or receiving reports on damage
or degradation of railway structures, parts of railway structures or equipment
attached to railway structures in terms of quality and thus unsafe for
utilization and use;
l) Failure to follow procedures in
case of expired railway structures need to be used further.
2. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed upon an individual,
from VND 10,000,000 to VND 20,000,000 upon an organization assigned
to manage and dispose improvised pathways that commits any of the following
violations:
a) Failure to narrow or remove the
improvised pathways in dangerous locations regarding rail transport safety as
per the law;
b) Failure to organize safety
measures and guarding posts at improvised pathways in dangerous locations
regarding rail transport safety as per the law.
3. A fine ranging from
VND 15,000,000 to VND 20,000,000 shall be imposed upon the
organization responsible for railway infrastructure management, operation, and
maintenance that commits any of the following violations:
a) Failure to carry out or properly
carry out inspections as per the law;
b) Failure to promptly repair
damage to railway works;
c) Failure to repair, replace or
fortify damaged parts of the railway infrastructure to ensure satisfaction with
publicized maximum speed order and maximum load order;
d) Failure to examine
implementation of construction methods and measures to ensure rail transport
safety at construction sites on railway lines according to publicized maximum
load order and maximum speed order.
4. Apart from incurring penalties,
the violator shall also be compelled to:
a) The violation(s) specified in
Clause 2; Points a and b Clause 3 of this Article shall lead to immediate
adoption of measures to ensure rail transport safety as per the law;
b) The violation(s) specified in
Point c Clause 3 of this Article shall lead to repair, replacement or
fortification of damaged parts of the railway infrastructure to ensure its
quality according to publicized maximum speed order and maximum load order.
Article 56.
Penalties for violations against regulations on construction of railway works
on railway in operation
1. A fine ranging from
VND 2,000,000 to VND 3,000,000 shall be imposed upon an individual,
from VND 4,000,000 to VND 6,000,000 upon an organization that commits
any of the following violations:
a) Failure to notify the
supervisory agency of the railway work before commencing the construction;
b) Failure to provide adequate
signaling and safety equipment during the construction;
c) Failure to install or properly
install adequate warning signs and signals; failure to take measures to ensure
rail transport safety during the construction process;
d) Operating construction equipment
without an appropriate qualification as per the law;
dd) Retrieving warning signals
before finishing construction and testing structure clearance to allow
operation;
e) Executing railway structure
construction under expired license for construction or under agreements of
competent authorities in which time limit for construction has expired;
g) Placing building equipment,
materials, warning signs, and other materials serving construction within the
railway clearance after the blockade period is expired, except for violations
specified in Point c Clause 2 of this Article;
h) Failure to notify supervisory
agencies of railway structure of completion of the construction;
i) Commencing constructions without
requesting for warning as per the law;
k) Failure to adopt measures to
isolate blocks and operate trains as per the law when constructions are
conducted on operational tracks.
2. A fine ranging from
VND 3,000,000 to VND 5,000,000 shall be imposed upon an individual,
from VND 6,000,000 to VND 10,000,000 upon an organization that
commits any of the following violations:
a) Commencing construction without
construction permit or without acceptance documents of competent agencies as
per the law (if required by the law); failure to comply with construction
permits or acceptance documents of competent agencies;
b) Failure to take measures for
preventing accidents when finding that the construction threatens rail
transport safety;
c) Improperly placing a vehicle,
material, or construction equipment blocking rail transport or threatening
traffic safety.
3. A fine ranging from VND
7,500,000 to VND 10,000,000 shall be imposed on an individual, from VND
15,000,000 to VND 20,000,000 shall be imposed on an organization for commencing
construction before being transferred with the construction premises as per the
law.
4. A fine ranging from
VND 10,000,000 to VND 15,000,000 shall be imposed upon an individual,
from VND 20,000,000 to VND 30,000,000 upon an organization that
executes construction on an operational track without taking measures for
ensuring railway safety causing a railway accident.
5. Apart from incurring fines, the
organization or individual that commits any of the violations specified in
Point e Clause 1, Point a Clause 2, Clause 4 of this Article shall also be
suspended from construction or has the construction license (if any) suspended
from 1 month to 3 months.
6. Apart from incurring penalties,
following remedial measures shall also be adopted:
a) The violations specified in
Point b Clause 1 of this Article shall lead to provision of adequate safety
equipment and signaling devices;
b) The violations specified in
Point c Clause 1 of this Article shall lead to provision of adequate warning
signs, signals and immediate adoption of measures to ensure rail transport
safety as per the law;
c) The violation(s) specified in Point
g Clause 1 of this Article shall lead to removal machinery, equipment and
materials serving construction, warning signs and temporary signs from the
railway clearance;
d) The violation(s) specified in
Point b Clause 2 of this Article shall lead to immediate adoption of measures
to ensure rail transport safety as per the law;
dd) The violation(s) specified in
Point c Clause 2 of this Article shall lead to repositioning of vehicles,
materials and equipment for construction as per the law and not obstructing
train operation;
e) The violation(s) specified in
Point e Clause 1 and Point a Clause 2 of this Article shall lead to restoration
to original condition prior to the administrative violations.
Article 57.
Penalties for violations against regulations on connection of railway lines
1. A fine ranging from VND
6,000,000 to VND 10,000,000 shall be imposed on a national railway
infrastructure enterprise, a urban railway enterprise or an owner of
specialized railway that fails to detect or fails to develop measures to
prevent and report promptly violations relating to connecting railway lines.
2. A fine ranging from
VND 10,000,000 to VND 15,000,000 shall be imposed upon an individual,
from VND 20,000,000 to VND 30,000,000 upon an organization connecting
railway lines that commits any of the following violations:
a) Illegally connecting railway
lines;
b) Failure to adequately execute
contents specified in permit for connecting railway lines;
c) Connecting without obtaining
written agreements of entities managing railway lines to be connected as per
the law;
d) Failure to transfer premises and
as-built dossiers of construction within the construction areas as per the law
after connecting.
Section 3.
VIOLATIONS AGAINST REGULATIONS ON RAILWAY VEHICLES
Article 58.
Penalties for violations against regulations on railworthiness
1. A fine ranging from
VND 500,000 to VND 1,000,000 shall be imposed upon an individual,
from VND 1,000,000 to VND 2,000,000 upon an organization that
operates improvised vehicles on the railway.
2. A fine ranging from
VND 6,000,000 to VND 10,000,000 shall be imposed for each violating
vehicle upon the organization in charge of administration of railway vehicle
operation that commits any of the following violations:
a) Operating a vehicle on railway
without having a railway vehicle registration certificate or using a railway
vehicle registration certificate issued by other than competent agencies,
except for moving recently imported vehicles, vehicle testing and moving
vehicles towards yards for storage and preservation;
b) Operating a vehicle without a
certificate of technical and environmental safety or a certificate of periodic
inspection of technical and environmental safety, except for vehicle testing
and moving damaged vehicles for repair; using certificates of technical and
environmental safety or certificates of periodic inspection of technical and
environmental safety that are issued by other than competent agencies or
expired;
c) Allowing a vehicle banned from
operation to operate on the railway;
d) Carrying passengers on a cargo
carriage;
dd) Deliberately altering texture,
shape and use functions of railway vehicles.
3. A fine ranging from
VND 15,000,000 to VND 20,000,000 shall be imposed upon an
organization that commits any of the violations specified in Point c Clause 2
of this Article thus causing a railway accident.
4. Apart from the fines, the person
or organization that commits the violations in Clause 1 of this Article shall
have their improvised vehicle confiscated.
5. Apart from the fines,
organizations committing violations specified in Point dd Clause 2 of this
Article shall take remedial measures in form of restoration of structure, shape
and use functions of the vehicles to their original conditions before operating
the vehicles.
Article 59.
Penalties for violations against regulations necessary information and
instructions for railway vehicles
1. A fine ranging from
VND 2,000,000 to VND 3,000,000 for each violating vehicle shall be
imposed on an organization directly managing and operating railway vehicles
(the total fine amount imposed on a single organization shall not exceed VND
150,000,000) that commits any of following violations:
a) Operating passenger cars on
national railway without adequately putting up train rules and regulations,
routes, names of transit stations and the destination station, measures to be
adopted in case of fire or accident as prescribed;
b) Operating urban railway vehicles
without providing adequate necessary information and direction for customers as
prescribed.
2. A fine ranging from VND
3,000,000 to VND 5,000,000 shall be imposed upon an organization directly
managing and operating railway vehicles that fails to adequately put up the
reference number, registration number and other symbols on each of the railway
vehicles.
Article 60.
Penalties for violations against regulations on braking equipment and
assembling trains
1. A fine ranging from
VND 3,000,000 to VND 5,000,000 shall be imposed upon the organization
responsible for administration of railway vehicle operation that commits any of
the following violations:
a) Failure to install automatic or
manual brake or functional one on the railway vehicle;
b) Failure to install an emergency
brake handle or a functional one in each passenger coach and at the working
position of the captain;
c) Failure to periodically check
and seal the emergency brake handle and pressure gauge;
d) Failure to install a pressure
gauge or a functional one at the working position of the captain and some
passenger cars;
dd) Failure to properly place the
assembling equipment.
2. A fine ranging from
VND 10,000,000 to VND 15,000,000 shall be imposed upon the
organization directly managing and operating railway vehicles that uses a rear
signaling device without a certification that is unexpired and issued by a
competent authority, or uses a rear signaling device that is not functional as
per the law.
3. Apart from incurring penalties,
the violator shall also be compelled to:
a) The violation(s) specified in
Point a Clause 1 of this Article shall lead to installation of equipment or
replacement with equipment satisfactory to technical safety standards or
restoration of technical attributes of equipment namely automatic and manual
brake;
b) The violation(s) specified in
Point b Clause 1 of this Article shall lead to installation of equipment or
replacement with equipment satisfactory to technical safety standards or
restoration of technical attributes of equipment namely emergency brakes at
working stations of captain and on passenger cars;
c) The violation(s) specified in
Point d Clause 1 of this Article shall lead to installation of equipment or
replacement with equipment satisfactory to technical safety standards or
restoration of technical attributes of equipment namely pressure gauges at
working stations of captain and on passenger cars;
dd) The violations specified in
Point dd Clause 1 of this Article shall lead to installation of the assembling
equipment as per the law;
dd) The violation(s) specified in
Clause 2 of this Article shall lead to replacement or restoration to original
technical attributes of rear signaling devices as per the law.
Article 61.
Penalties for violations against regulations necessary equipment on railway
vehicles
1. A fine ranging from VND 1,000,000
to VND 2,000,000 shall be imposed upon a captain or train driver that:
a) Fails to provide or adequately
provide fire-fighting equipment and materials, first-aid kits, equipment for
choking and signaling on the freight train;
b) Fails to provide or adequately
provide escape equipment, fighting equipment and materials, first-aid kits,
tools and materials for minor repairs, equipment for choking and signaling on
the passenger train;
c) Failure to put up the
regulations, route, names of destination stations, and how to deal with
accidents or fire on the train.
2. A fine ranging from
VND 3,000,000 to VND 5,000,000 shall be imposed upon the organization
responsible for administration of railway vehicle operation that puts a
passenger coach into operation without adequate and functional equipment.
3. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed upon the
organization responsible for administration of railway vehicle operation that
commits any of the following violations:
a) The locomotive or powered
vehicle does not have a speedometer, equipment for recording speed and
information related to the train operation (black box), equipment that helps
the driver to stay awake while operating the train (if required) or functional
ones;
b) Failure to install speedometer
or equipment for communication between the driver and the captain or functional
ones at the working position of the captain.
4. Apart from incurring penalties,
following remedial measures shall also be adopted:
a) The violation(s) specified in
Point a Clause 1 of this Article shall lead to provision of adequate
fire-fighting equipment and materials, first-aid kits, equipment for choking
and signaling on the freight train;
b) The violation(s) specified in
Point b Clause 1 of this Article shall lead to provision of adequate
fire-fighting equipment and materials, first-aid kits, equipment for emergency
exit; equipment for chocking and signaling; equipment for basic repair;
c) The violation(s) specified in
Point a Clause 3 of this Article shall lead to adequate installation or
replacement with equipment satisfactory to technical safety standards or
restoration of technical attributes of equipment namely speedometer and devices
recording information relating to train operation (black box), alerter devices
to keep train operators awake while controlling the trains;
d) The violation(s) specified in
Point b Clause 3 of this Article shall lead to installation of equipment or
replacement with equipment satisfactory to technical safety standards or
restoration of technical attributes of equipment namely speedometers and
devices enabling communication between captains and drivers at working station
of the captains.
Section 4.
PENALTIES FOR VIOLATIONS COMMITTED BY RAILWAY EMPLOYEES
Article 62.
Penalties imposed upon employees directly serving the train operation violating
regulations on qualifications
1. A fine ranging from
VND 1,000,000 to VND 2,000,000 shall be imposed upon the train driver
that operates a railway vehicle without carrying the train driver’s license or
an unexpired one or one that matches the vehicle.
2. A fine ranging from 4,000,000 to
VND 6,000,000 shall be imposed for using a fabricated qualification, fake
train operator’s license, or failure to obtain a train driver’s license.
3. Apart from the fines, the person
that commits any of the violations in Clause 2 of this Article shall have their
fabricated qualification or train driver’s license confiscated.
Article 63.
Penalties for violations against alcoholic contents or usage of other
stimulants prohibited by law of railroad employees directly serving train
operation (except drivers and co-drivers)
1. A fine ranging from
VND 2,000,000 to VND 4,000,000 shall be imposed for working while BAC
is less than 50 mg per 100 ml of blood, or BrAC is less than 0.25 mg per liter
of breath.
2. A fine ranging from
VND 4,000,000 to VND 6,000,000 shall be imposed for working while BAC
exceeds 50 mg up to 80 mg per 100 ml of blood, or BrAC exceeds 0.25 mg up to
0.4 mg per liter of breath.
3. A fine ranging from
VND 6,000,000 to VND 8,000,000 shall be imposed for any of the
following violations:
a) Working while BAC exceeds 80 mg
per 100 ml of blood, or BrAC exceeds 0.4 mg per liter of breath;
b) Failure to comply with the law
enforcement officer’s order for testing for alcohol contents or other
stimulants prohibited by regulations and law;
c) Working under other stimulants
prohibited by the law.
Article 64.
Penalties imposed upon railway workers violating regulations on railway safety
1. A fine ranging from
VND 100,000 to VND 200,000 shall be imposed upon any railway worker
involved in train operation or passenger service who fails to wear uniform,
badge, name tag as prescribed while working.
2. A fine ranging from
VND 500,000 to VND 1,000,000 shall be imposed for:
a) The captain that allows people
to walk, stand, lie, or sit on the roof of the coach, hang from the coach,
locomotive, or connector;
b) The captain or train driver that
allows passengers to get on freight train;
c) Train captains or attendants
allowing street vendors aboard the trains, allowing persons without tickets to
ride the trains, allowing persons to get on or get off moving trains; leaving
luggage and cargos at 2 ends of the cars while the trains are moving, except
for leaving luggage and cargos of passengers who are about to get off the
trains as the trains enter stations allowing halt and parking;
d) The patrolling employee that
fails to check and discover the damage to the tunnel, bridge, railway, railway
perimeter or rail transport safety corridor or fails to take remedial measures
or report the damage to a competent person;
dd) The railway worker failing to
adhere to professional procedures.
3. A fine ranging from
VND 3,000,000 to VND 5,000,000 shall be imposed in case of committing
any of the violations specified in Point c Clause 2 of this Article thus
causing a railway accident.
4. Apart from incurring penalties,
the person that commits any of the violations specified in Point a Clause 2 of
this Article shall be compelled to be guided back to positions as per the law.
Article 65.
Penalties for violations against regulations on permissible number of people on
board, permissible load of railway vehicles and permissible load of railroad
and bridges
1. A fine ranging from VND 1,000,000
to VND 2,000,000 shall be imposed for each excess passenger upon the
railway company that sells more tickets than the number of seats publicized
from time to time (the total fine shall not exceed VND 150,000,000).
2. A fine ranging from VND 3,000,000
to VND 5,000,000 shall be imposed upon the rail transport company that
commits any of the following violations:
a) Loading goods on each car in a
manner that exceeds permissible load of that car by exceeding 5% up to 40%;
b) Operating railway vehicles whose
uniformly distributed load or axial load exceed maximum permissible load of
railroad specified in maximum load order up to 10%;
c) Failure to publicize schemes for
selling additional seats and converting beds into seats in peak seasons as per
the law.
3. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed upon the rail
transport company that commits any of the following violations:
a) Loading goods on each car in a
manner that exceeds permissible load of that car by exceeding 40% up to 100%;
b) Operating railway vehicles whose
uniformly distributed load or axial load exceed maximum permissible load of
railroad specified in maximum load order from exceeding 10% to 20%.
4. A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed upon the rail
transport company that commits any of the following violations:
a) Loading goods on each car in a
manner that exceeds permissible load of that car by exceeding 100%;
b) Operating railway vehicles whose
uniformly distributed load or axial load exceed maximum permissible load of
railroad specified in maximum load order by exceeding 20%.
5. Apart from incurring penalties,
the organizations that commit any of the violations specified in Clause 1 of
this Article shall be compelled to assign other vehicles to carry excess
passengers.
Article 66.
Penalties incurred by the driver and co-driver
1. A fine ranging from
VND 300,000 to VND 500,000 shall be imposed upon a co-driver that
fails to supervise the train speed, observe and inform the driver of signals
and signs.
2. A fine ranging from
VND 500,000 to VND 1,000,000 shall be imposed upon the train driver
that:
a) Leaves the driving position
while the locomotive is working;
b) Allows unauthorized people or
cargo in the locomotive;
c) Damages the alerter devices
keeping the driver awake while operating the train;
d) Disobeys the instructions of the
captain, signals or signs;
dd) Fails to carry or adequately
carry flags, signal lamps, flares, or chocks in the locomotive during the
shift.
3. A fine ranging from
VND 1,000,000 to VND 2,000,000 shall be imposed upon a train driver
that:
a) Stops the train against the
rules without reasonable explanation;
b) Lets the train moving pass the
stop signal;
c) Exceeds the speed limits in
maximum speed order by up to 10 km/h.
4. A fine ranging from
VND 4,000,000 to VND 6,000,000 shall be imposed upon the driver that
exceeds the speed limits in maximum speed order by exceeding 10 km/h to 20
km/h.
5. A fine ranging from
VND 6,000,000 to VND 8,000,000 shall be imposed upon a train driver
that:
a) Exceeds the speed limits in
maximum speed order by up to 20 km/h;
b) Working while BAC is less than
50 mg per 100 ml of blood, or BrAC is less than 0.25 mg per liter of breath.
6. A fine ranging from
VND 16,000,000 to VND 18,000,000 shall be imposed for working while
BAC exceeds 50 mg up to 80 mg per 100 ml of blood, or BrAC exceeds 0.25 mg up
to 0.4 mg per liter of breath.
7. A fine ranging from
VND 30,000,000 to VND 40,000,000 shall be imposed for:
a) Working while BAC exceeds 80 mg
per 100 ml of blood, or BrAC exceeds 0.4 mg per liter of breath;
b) Failure to comply with the law
enforcement officer’s order for testing for alcohol contents or other
stimulants prohibited by regulations and law;
c) Working under other stimulants
prohibited by the law.
8. Apart from incurring fines,
persons committing the violations shall also incur the following additional
penalties:
a) The violation(s) specified in
Clause 3 and Clause 4 of this Article shall lead to suspension of driving
license from 01 month to 03 months;
b) The violation(s) specified in
Clause 5 of this Article shall lead to suspension of driving license from 03
months to 05 months;
c) The violation(s) specified in
Clause 6 of this Article shall lead to suspension of driving license from 10
months to 12 months;
b) The violation(s) specified in
Clause 7 of this Article shall lead to suspension of driving license from 22
months to 24 months.
9. Apart from the penalties, the
person committing the violation specified in Point b Clause 2 of this Article
shall be compelled to remove the passengers and cargo from the locomotive.
Article 67.
Penalties for violations against regulations on employees directly serving
train operation
1. A fine ranging from
VND 6,000,000 to VND 8,000,000 shall be imposed upon an employer that
commits any of the following violations:
a) Failure to conduct medical
check-up for railway employees directly serving train operation within their
management;
b) Failure to conduct annual
examination and tests for railway employees directly serving train operation as
per the law.
2. A fine ranging from
VND 8,000,000 to VND 10,000,000 shall be imposed upon an employer
that commits any of the following violations:
a) Employing persons without
appropriate specialized certifications, qualifications or license for train
operation as per the law;
b) Employing persons without
adequate health as per the law.
Article 68.
Penalties imposed upon rail transport training institutions violating
regulations of laws on training and issuance of qualifications
1. A fine ranging from
VND 3,000,000 to VND 5,000,000 shall be imposed for:
a) Failure to meet the requirements
and standards applied to rail transport training institutions;
b) Failure to comply with the
regulations on recruitment, training programs, examination, issuing/replacing
qualifications.
2. A fine ranging from 5,000,000 to
VND 10,000,000 shall be imposed for providing training or issuing
qualifications without approval by a competent authority.
3. Apart from incurring fines, the
organization that commits any of the violations specified in Clause 1 of this
Article shall be suspended from recruitment from 1 month to 3 months.
4. Apart from incurring penalties,
the organization that commits any of the violations specified in Clause 2 of
this Article shall have to revoke and dispose the qualifications illegally
issued.
Article 69.
Penalties for violations against regulations on formulation of rules for train
operation and shunting techniques, technical management of train station and
putting up the rules for technical management of train station or rail station
1. A fine ranging from VND
1,000,000 to VND 3,000,000 shall be imposed on an organization directly
operating and/or providing national railway or specialized railway
infrastructures without adequately putting up excerpts of rules for technical
management of train station or rail station as per the law.
2. A fine ranging from
VND 3,000,000 to VND 5,000,000 shall be imposed upon the organization
assigned to directly operate national railway or specialized railway
infrastructures that commits any of the following violations:
a) Failure to develop regulations
for technical management of train stations, procedures for train operation and
shunting or regulations for operation of rear signaling devices installed on
cargo trains as per the law;
b) Failure to develop operational
regulations for drivers and co-drivers; failure to develop registry serving
train operation and warning; failure to specify train operation measures at
intersection between national railway and specialized railway as per the law.
Section 5.
VIOLATIONS AGAINST REGULATIONS ON RAILWAY SERVICES
Article 70.
Penalties for violations against regulations on conditions for railway service
provision
1. A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed upon a rail
transport enterprise, rail infrastructure enterprise or urban railway
enterprise that commits any of the following violations:
a) The rail transport enterprise
failing to assign personnel eligible as per the law to handle safety assurance
and primarily be responsible for transport operation management and techniques;
b) The rail infrastructure
enterprise failing to assign personnel eligible as per the law to handle safety
assurance and manage the enterprise;
c) The urban railway enterprise
failing to assign personnel eligible as per the law to handle safety assurance
and manage the enterprise;
d) The urban railway enterprise
failing to assign personnel eligible as per the law to handle rail transport
safety assurance and manage, operate the enterprise.
2. A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed upon a rail
transport enterprise, rail infrastructure enterprise or urban railway
enterprise that commits any of the following violations:
a) The rail transport enterprise
failing to establish department to be in charge of rail transport safety as per
the law;
b) The rail infrastructure
enterprise failing to establish department to be in charge of safety affairs as
per the law;
c) The urban railway enterprise
failing to establish department to be in charge of railway infrastructure
safety as per the law;
d) The urban railway enterprise
failing to establish department to be in charge of rail transport safety as per
the law.
Article 71.
Penalties for violations against regulations on railway service provision
1. A fine ranging from
VND 3,000,000 to VND 5,000,000 shall be imposed upon the rail
transport company that commits any of the following violations:
a) Transporting corpses and bones
against the law;
b) Transporting living or wild
animals against the law;
c) Failure to adequately put up and
publicize via mass media or website of the enterprise information about train
schedules, passenger ticket price, luggage price, cargo price and other prices,
ticket sale plans, list of commodities prohibited from being transported by
passenger trains and regulations of the enterprise on responsibilities for
serving passengers;
d) Failure to inform the number of
remaining seats to passengers when selling tickets electronically.
2. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed upon the rail
transport enterprise that fails to adhere to regulations on exemption of
tickets or reduction of ticket prices.
3. A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed upon the rail
transport company that commits any of the following violations:
a) Failure to provide transports
for special missions and social security missions at request of a head of
competent authority as per the law;
b) Failure to comply with
regulations on transporting oversized cargo;
c) Failure to comply with
regulations on handling and transporting dangerous goods;
d) Failure to ensure passengers are
provided with adequate conveniences when the transport is interrupted due to
accidents, natural disasters, or sabotage;
dd) Failure to comply with
regulations on handling, transporting, and securing dangerous goods on coaches;
e) Failure to assign adequate
employees on board as per the law;
g) Failure to develop operational
procedures for employee titles on board as per the law.
4. Apart from incurring penalties,
the violator shall also be compelled to:
a) The violations specified in
Point a, Point b Clause 1 of this Article shall lead to removal of corpse or
animal at the nearest station for further actions;
b) The violation(s) specified in
Point a Clause 3 of this Article shall lead to immediate provision of transports
for special missions and social security missions at request of the head of the
competent authority;
c) The violation(s) specified in
Points b, c and dd Clause 3 of this Article shall lead to immediate adoption of
safety measures as per the law.
Article 72.
Penalties for using fake train tickets and selling train tickets against the
law
1. A fine ranging from VND 100,000
to VND 200,000 shall be imposed for using fake tickets on the train.
2. A fine ranging from
VND 2,000,000 to VND 4,000,000 shall be imposed upon any person:
a) Any ticketing staff of a train
station, ticket agent, or on the train who sells tickets against the law;
b) Any person who trades in tickets
to earn illicit profits.
3. A fine ranging from
VND 10,000,000 to VND 15,000,000 shall be imposed upon an individual,
from VND 20,000,000 to VND 30,000,000 upon an organization that
commits any of the following violations:
a) Transporting fake train tickets;
b) Selling fake train tickets;
c) Storing fake tickets.
4. Apart from incurring fines, the
violator shall also incur the following additional penalties:
a) The violation(s) specified in
Clause 1 of this Article shall lead to confiscation of fake tickets;
b) The violation(s) specified in
Point b Clause 2 of this Article shall lead to total confiscation of current
tickets;
c) The violation(s) specified in
Clause 3 of this Article shall lead to total confiscation of fake tickets.
5. If the road infrastructure is damaged
by the violations specified in Clause 2, Clause 3 of this Article, the
violator shall be compelled to repair and restore the original condition apart
from incurring the penalties.
Section 6.
OTHER OFFENCES RELATED TO RAIL TRANSPORT
Article 73.
Penalties for violations against other regulations on railway safety and
security
1. A fine ranging from
VND 100,000 to VND 200,000 shall be imposed upon any person who:
a) Peddles on the train or in the
train station;
b) Fails to comply with train
regulations on the train;
c) Throws earth, stones, or other
objects from the train.
2. A fine ranging from
VND 300,000 to VND 500,000 shall be imposed upon any person:
a) Disturbs the order or safety on
the train or in the train stations;
b) Dumps or leaves garbage on
railway vehicles;
c) Brings an animal that carries
contagious diseases or a wild animal to the station or to the train;
d) Illegally brings
flammable/explosive substance or weapon to the station or train;