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THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 107/2014/ND-CP
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Hanoi, November 17, 2014
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DECREE
AMENDMENTS TO THE
GOVERNMENT'S DECREE NO. 171/2013/ND-CP DATED NOVEMBER 13, 2013 ON
ADMINISTRATIVE PENALTIES FOR ROAD TRAFFIC OFFENSES AND RAIL TRANSPORT OFFENSES
Pursuant to the Law on Government organization dated
December 25, 2001;
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 14, 2005;
At the request of the Minister of Transport;
The Government promulgates a Decree on amendments to the
Government's Decree No. 171/2013/ND-CP dated November 13, 2013 on
administrative penalties for road traffic offenses and rail transport offenses.
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1.
Point dd Clause 3 Article 16 is amended as follows:
”dd)
Changing the size of the trunk or adding/removing passenger seats/beds of the
passenger vehicle without permission."
2.
Clause 2 Article 23 is amended as follows:
“2.
The operator of the passenger vehicle (except for buses) shall incur a fine of
from 300,000 VND to 500,000 VND for every person carried beyond the permissible
limit, in particular: 02 people beyond the limit or more on a 9 seater vehicle,
03 people beyond the limit or more on a 10 - 15 seater vehicle; 04 people
beyond the limit or more on a 16 - 30 seater vehicle; 05 beyond the limit
people or more on a 30 seater vehicle or bigger, except for the violations
mentioned in Clause 4 of this Article.”
3.
Clause 4 Article 23 is amended as follows:
“4.
The operator of the passenger vehicle running on a route longer than 300 km
shall incur a fine of from 800,000 VND to 1,000,000 VND for every person
carried beyond the permissible limit, in particular: 02 people beyond the limit
or more on a 9 seater vehicle, 03 people beyond the limit or more on a 10 - 15
seater vehicle; 04 people beyond the limit or more on a 16 - 30 seater vehicle;
04 people beyond the limit or more on a > 30 seater vehicle.”
4.
Article 24 is amended as follows:
“Article 24. Penalties incurred by operators of trucks,
tractors and other vehicles that violate traffic rules when transporting goods
1.
A fine of from 300,000 VND to 400,000 VND shall be imposed for failure to tie
goods firmly where necessary; putting cargo on the roof; making the vehicle
imbalanced when loading cargo.
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a)
Carrying goods beyond the payload limit written on the Certificate of technical
and environmental safety by >10% - 40% if payload limit is below 5 metric
tons, by >10% - 30% if the payload limit is ≥ 5 metric tons, or by >20% -
30% if the vehicle is a tanker vehicle (including trailers and semi-trailers);
b)
Stacking goods on the roof; stacking goods exceeding the width of the vehicle;
stacking goods longer than the length of the vehicle by over 10%;
c)
Carrying passengers in the cargo container; allowing the passenger to sit on
the roof or hang from the vehicle while it is running;
d)
Transporting goods without carrying a transport contract or transport order,
except for taxi trucks.
3.
A fine of from 1,000,000 VND to 2,000,000 VND shall be imposed for transporting
goods without installing a GPS surveillance device (if required) or the device
is not working.
4.
A fine of from 2,000,000 VND to 3,000,000 VND shall be imposed for:
a)
Driving a taxi truck without a taximeter or the taximeter is installed
improperly;
b)
Carrying goods beyond the permissible height of cargo of the trucks (including
trailers and semi-trailers).
5.
A fine of from 3,000,000 VND to 5,000,000 VND shall be imposed for:
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b)
Operating the vehicle beyond time limits;
c)
Operating a vehicle without a badge or with an expired badge (if a badge is
required).
6.
A fine of from 5,000,000 VND to 7,000,000 VND shall be imposed for carrying
goods beyond the payload limit written on the Certificate of technical and
environmental safety by >60% - 100% overload if payload limit is below 5
metric tons, by >50% - 100% if the payload limit is ≥ 5 metric tons or the
vehicle is a tanker vehicle (including trailers and semi-trailers).
7.
A fine of from 7,000,000 VND to 8,000,000 VND shall be imposed for carrying
goods by over 100% beyond the payload limit written on the Certificate of
technical and environmental safety (including trailers and semi-trailers).
8.
Apart from the fines, the violator shall also incur the following additional
penalties:
a)
The driving license shall be suspended for 01 month when any of the violations
in Point b Clause 2 or Point a Clause 5 of this Article is committed;
b)
The driving license shall be suspended for 02 month when any of the violations
in Point c Clause 2, Point b Clause 4, Point b and Point c Clause 5, and Clause
6 of this Article is committed;
c)
The driving license shall be suspended for 03 month when any of the violations
in Clause 7 of this Article is committed;
d)
If the operator who is also the owner of the vehicle recommits any of the
violations in Point a Clause 5, Clause 6, and Clause 7 of this Article using
the same vehicle, which has an unconformable trunk, the Certificate of
technical safety and environmental safety and the Inspection stamp shall be
suspended for 01 month.
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a)
The person that commits the violations in Point a or Point b Clause 2, Point b
Clause 4, Point a Clause 5, or Clause 6 of this Article shall also be compelled
to remove the amount of goods that exceeds the weight limit or size limit as
instructed by duty officers at the scene.
b)
If the operator who is also the owner of the vehicle recommits any of the
violations in Point a Clause 5, Clause 6, and Clause 7 of this Article using
the same vehicle, which has an unconformable trunk, he/she shall be compelled
to have the trunk modified according to applicable regulations and apply for
another registration before the vehicle is put back into operation.
5.
Clause 1 Article 28 is amended as follows:
“1.
A fine of from 500,000 VND to 1,000,000 VND shall be imposed upon an
individual, a fine of from 1,000,000 VND to 2,000,000 VND shall be imposed upon
an organization that loads goods beyond the payload limit written on the
Certificate of technical and environmental safety by >10% to 40%, or loads
goods to the vehicle without signing the transport order as prescribed.”
6.
Point b Clause 2 Article 28 is amended as follows:
“b)
Failing to put the name and phone number of the transport service provider, the
net weight of the vehicle, the maximum payload on the truck doors; failing to
put the name and phone number of the transport service provider, the net weight
of the tractor, the maximum payload, and the maximum trailer weight on the
sides of the tractor doors, failing to put the name and phone number of the
transport service provider, the net weight of the tractor, the maximum payload,
and the gross vehicle weight rating on the trailer or semi-trailer as
prescribed;”
7.
Point e is added to Clause 2 Article 28 as follows:
“e)
Loading goods on the car beyond the payload limit written on the Certificate of
technical and environmental safety by over 40%.”
8.
Article 30 is amended as follows:
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1.
For owners of mopeds and motorcycles: a fine of from 100,000 VND to 200,000 VND
shall be imposed upon the individual, a fine of from 200,000 VND to 400,000 VND
shall be imposed upon the organization that commits one of the following
violations:
a)
Changing the brand name or color of the vehicle against the Certificate of
vehicle registration;
b)
Failing to follow the procedure for transferring the vehicle ownership
(replacing the vehicle owner’s name on the Certificate of vehicle registration)
when buying, being given, allocated, or inherited a moped or motorcycle.
2.
For owners of cars, tractors, specialized motorcycles: a fine of from 300,000
VND to 400,000 VND shall be imposed upon the individual, a fine of from 600,000
VND to 800,000 VND shall be imposed upon the organization that commits one of
the following violations:
a)
Using unsafe windshields or windows;
b)
Changing the color of the vehicle without permission against the Certificate of
vehicle registration;
c)
Failing to comply with regulations on license plates and text on the vehicle;
except for the violations mentioned in Point a, Point b, and Point c Clause 2
Article 28, Point b Clause 2 Article 37 of this Decree.
3.
For owners of mopeds and motorcycles: a fine of from 800,000 VND to 1,000,000
VND shall be imposed upon the individual, a fine of from 1,600,000 VND to
2,000,000 VND shall be imposed upon the organization that commits one of the
following violations:
a)
Changing the frame number or engine number without permission;
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c)
Changing the chassis, engine, shape, size, or functions of the vehicle;
d)
Providing false information or using fake documents to apply for reissuance of
the license plate or Certificate of vehicle registration;
dd)
Allowing an unqualified people according to Clause 1 Article 58 of the Law on
Road traffic to operate the vehicle on public roads.
4.
For owners of cars, tractors, specialized motorcycles: a fine of from 1,000,000
VND to 2,000,000 VND shall be imposed upon the individual, a fine of from
2,000,000 VND to 4,000,000 VND shall be imposed upon the organization that
fails to follow the procedure for transferring the vehicle ownership when
buying, being given, allocated, or inherited a car, tractor, or specialized
motorcycle.
5.
For owners of cars, tractors, specialized motorcycles: a fine of from 2,000,000
VND to 4,000,000 VND shall be imposed upon the individual, a fine of from
4,000,000 VND to 8,000,000 VND shall be imposed upon the organization that
commits one of the following violations
a)
Changing the frame number or engine number without permission;
b)
Falsifying the Certificate of vehicle registration, vehicle registration
documents, or the Certificate of technical and environmental safety;
c)
Disobeying the order for confiscation of the Certificate of vehicle
registration or the Certificate of technical and environmental safety;
d)
Failing to apply for replacement of the Certificate of vehicle registration
after the vehicle is modified;
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e)
Providing false information or using fake documents to apply for the reissuance
of the license plate, Certificate of vehicle registration, or Certificate of
technical and environmental safety;
g)
Allowing an employer or representative to operate the vehicle and subsequently
commit the violations mentioned in Clause 2; Point c and Point e Clause 3;
Clause 4; Point d Clause 6 Article 23 of this Decree;
h)
Allowing an employee or representative to operate the vehicle and subsequently
commit the violations mentioned in Point a, Point b Clause 2; Point b Clause 4;
Point b Clause 5 Article 24 of this Decree;
i)
Allowing an employee or representative to operate the vehicle and subsequently
commit the violations mentioned in Point b Clause 2 Article 25 of this Decree;
k)
Allowing an employee or representative to operate the vehicle and subsequently
commit the violations mentioned in Clause 2, Point b, Point c, Point d, Point
dd, or Point e Clause 3Article 33 of this Decree.
6.
A fine of from 4,000,000 VND to 6,000,000 VND shall be imposed upon the
individual, a fine of from 8,000,000 VND to 12,000,000 VND shall be imposed
upon the organization that commits one of the following violations:
a)
Using hired or borrowed car parts and accessories during inspection;
b)
Operating specialized motor vehicles on public roads without the Certificate of
technical and environmental safety.
7.
For owners of cars, tractors, specialized motorcycles: a fine of from 6,000,000
VND to 8,000,000 VND shall be imposed upon the individual, a fine of from
12,000,000 VND to 16,000,000 VND shall be imposed upon the organization that
commits one of the following violations
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b)Transforming
other types of vehicle into passenger vehicles.
8.
For owners of cars, tractors, specialized motorcycles: a fine of from
12,000,000 VND to 14,000,000 VND shall be imposed upon the individual, a fine
of from 24,000,000 VND to 28,000,000 VND shall be imposed upon the organization
that allows an employer or representative to operate the vehicle and
subsequently commit the violations mentioned in Point a Clause 5 Article 24 of
this Decree.
9.
For owners of cars, tractors, specialized motorcycles: a fine of from
14,000,000 VND to 16,000,000 VND shall be imposed upon the individual, a fine
of from 28,000,000 VND to 32,000,000 VND shall be imposed upon the organization
that commits one of the following violations
a)
Allowing an employee or representative to operate the vehicle and subsequently
commit the violations mentioned in Clause 6 Article 24 or Clause 4 Article 33
of this Decree;
b)
Allowing an employee or representative to operate the vehicle and consequently
commit the violations mentioned in Point a Clause 2 Article 25 of this Decree.
10.
For owners of cars, tractors, specialized motorcycles: a fine of from
16,000,000 VND to 18,000,000 VND shall be imposed upon the individual, a fine
of from 32,000,000 VND to 36,000,000 VND shall be imposed upon the organization
that allows an employee or representative to operate the vehicle and
subsequently commit the violations mentioned in Clause 7 Article 24 or Clause 5
Article 33 of this Decree.
11.
Apart from the fines, the violator shall also incur the following additional
penalties:
a)
The license plate, Certificate of vehicle registration (reissued), fake
documents shall be confiscated when any of the violations in Point b, Point d
Clause 3, Point b or Point e Clause 5 of this Article is committed;
b)
The vehicle shall be confiscated when the violation mentioned in Point b Clause
7 of this Article is committed;
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12.
Apart from incurring the penalties, the violator shall be compelled to:
a)
Restore the brand name or color written in the Certificate of vehicle
registration, comply with the regulations on license plates and text on the
vehicle when any of the violations in Point a Clause 1, Point b or Point c
Clause 2 of this Article is committed;
b)
Restore the original shape, size or technical safety of the vehicle when any of
the violations in Point a Clause 2 or Point a Clause 7 of this Article is
committed.
c)
If any of the violations mentioned in Clause 8, Point a Clause 9, Clause 10 of
this are is recommitted using the same vehicle whose trunk is unconformable,
the trunk must be modified according to applicable regulations and another
registration must be obtained before the vehicle is put back into operation.”
9.
Article 33 is amended as follows:
“Article 33. Penalties incurred by operators of tracked
vehicles, the vehicles that exceed the capacity or dimensional limits of the
bridge or road (including passenger vehicles)
1.
A fine of from 1,000,000 VND to 2,000,000 VND shall be imposed for failing to
comply with the License for transport, except for the violations mentioned in
Point b, Point d, and Point dd Clause 3 of this Article.
2.
A fine of from 2,000,000 VND to 3,000,000 VND shall be imposed for operating a
vehicle of which the gross vehicle weight exceeds the capacity of the bridge or
road by >10% - 20%, unless an unexpired license for transport is presented.
3.
A fine of from 3,000,000 VND to 5,000,000 VND shall be imposed upon:
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b)
Operating a vehicle with an unexpired License for transport but the gross
vehicle weight or gross axle weight of which exceeds the rating in the License
for transport;
c)
Operating a vehicle of which the gross vehicle weight or gross axle weight
exceeds the capacity of the bridge or road by >20% - 50%, unless an
unexpired license for transport is presented;
d)
Carrying goods that exceed the dimensional limits of the road or bridge written
in the License for transport;
dd)
Operating a tracked vehicle on public roads without an unexpired License for
transport, or without taking measures to protect the road;
e)
Operating a vehicle of which the outer size (including cargo) exceeds the
dimensional limits of the bridge or road, unless an unexpired license for
transport is presented.
4.
A fine of from 5,000,000 VND to 7,000,000 VND shall be imposed for operating a
vehicle of which the gross vehicle weight or gross axle weight exceeds the
capacity of the bridge or road by >50% - 100%, unless an unexpired license
for transport is presented.
5.
A fine of from 7,000,000 VND to 8,000,000 VND shall be imposed for operating a
vehicle of which the gross vehicle weight or gross axle weight exceeds the
capacity of the bridge or road by over 100%, unless an unexpired license for
transport is presented.
6.
Apart from fines, the vehicle operators that commit the violations shall also
incur the following additional penalties:
a)
The driving license (for cars, tractors) or the certificate of training in
traffic rules (for specialized motorcycles) shall be suspended for 01 month
when any of the violations in Clause 1 or Point c Clause 3 of this Article is
committed;
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c)
The driving license (for cars, tractors) or the certificate of training in
traffic rules (for specialized motorcycles) shall be suspended for 03 month
when any of the violations in Clause 5 of this Article are committed;
d)
If the operator who is also the owner of the vehicle recommits any of the
violations in Clause 4 and Clause 5 of this Article using the same vehicle,
which has an unconformable trunk, the Certificate of technical safety and
environmental safety and the Inspection stamp shall be suspended for 01 month
7.
Apart from incurring the penalties, the violator shall be compelled to:
a)
Remove the excess load as instructed by the duty officers who discover the
violations; repair the road infrastructure that is damaged by the violations
when any of the violations mentioned in Clause 1, Clause 2, Clause 3, Clause 4,
and Clause 5 of this Article is committed;
b)
If the operator who is also the owner of the vehicle recommits any of the
violations in Clause 4 and Clause 5 of this Article using the same vehicle, which
has an unconformable trunk, he/she shall be compelled to have the trunk
modified according to applicable regulations and apply for another registration
before the vehicle is put back into operation.”
10.
Point l Clause 6 Article 68 is amended as follows:
“l)
Clause 1; Point a, Point b, Point d Clause 2; Clause 3; Clause 4; Clause 5;
Clause 6; Clause 7 Article 24;”
11.
Point n Clause 6 Article 68 is amended as follows:
“n)
Clause 2; Point a, Point dd, Point g, Point h, Point I, Point k Clause 5;
Clause 6; Clause 7; Clause 8; Clause 9; Clause 10 Article 30;"
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1.
This Decree takes effect on January 01, 2015.
2.
The Ministry of Transport shall cooperate with other Ministries and regulatory
bodies in providing guidance on implementation of this Decree.
3.
Ministers, Heads of ministerial agencies, Heads of Governmental agencies,
Presidents of the People’s Committees of provinces are responsible for the
implementation of this Decree./.
ON BEHALF OF THE GOVERNMENT
THE PRIME MINISTER
Nguyen Tan Dung