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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
39/2001/ND-CP
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Hanoi,
July 13, 2001
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DECREE
ON ADMINISTRATIVE SANCTIONS AGAINST ACTS OF VIOLATING
LAND-ROAD TRAFFIC ORDER AND SAFETY AND URBAN TRAFFIC ORDER AND SAFETY
THE GOVERNMENT
Pursuant to the September 30, 1992 Law on
Organization of the Government;
Pursuant to the December 2, 1991 Ordinance on the Protection of Traffic Works;
Pursuant to the January 28, 1989 Ordinance on Vietnam People’s Police Force and
the July 6, 1995 Ordinance Amending Article 6 of the Ordinance on Vietnam
People’s Police Force;
Pursuant to the July 6, 1995 Ordinance on Handling of Administrative Violations;
Pursuant to the Regulation on land-road traffic order and safety and urban
traffic order and safety, issued together with the Government’s Decree No.
36/2001/ND-CP of July 10, 2001;
At the proposal of the Minister of Communications and Transport,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- Principles
for sanctioning administrative violations
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2. Individuals and organizations that commit
acts of violating land-road traffic order and safety and urban traffic order
and safety shall be administratively sanctioned as prescribed in this Decree.
3. All acts of violating land-road traffic order
and safety and urban traffic order and safety must be detected in time and
immediately stopped. The sanctioning thereof must be effected rapidly and justly.
All consequences entailed by acts of administrative violation must be overcome
according to regulations; organizations and individuals that commit acts of
administrative violation, causing material damage shall have to pay
compensation therefor according to law provisions.
4. An act of administrative violation shall be
sanctioned only once.
If one person commits many acts of
administrative violation, he/she shall be sanctioned for each of such acts.
Persons with sanctioning competence shall decide on the form of sanctioning of
each act of violation; if the sanctioning forms are fines, they shall be summed
up into a general fine.
If more than one person together commit one act
of administrative violation, each of them shall be sanctioned.
5. The administrative sanctioning must be based
on the nature and seriousness of violations, extenuating circumstances and
aggravating circumstances in order to decide on the appropriate sanctioning
forms and handling measures according to the provisions of this Decree.
6. Sanctions shall not be imposed on
administrative violations committed in cases of urgent circumstances,
legitimate defense, unexpected events or administrative violations committed by
persons who are suffering from mental diseases or other diseases which deprive
them of the ability to perceive or control their acts.
Article 2.- Levels of
fines for administrative violations involving extenuating circumstances or
aggravating circumstances
1. Depending on the nature and seriousness of
violations, the imposed fines may be increased or reduced as compared with the
prescribed levels, but the highest fine level must not exceed 1.5 time and the
lowest level must not be lower than 0.5 time the one for the acts of violating
prescribed in this Decree.
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Article 3.-
Responsibilities of persons competent to sanction administrative violations and
the handling of violations committed by competent persons while performing
their duties.
1. Persons competent to impose administrative
sanctions must sanction the right persons and the right violations strictly
according to their competence and law, immediately propose the concerned bodies
to promptly take necessary measures to ensure traffic order and safety and
protect traffic works.
2. Persons competent to impose administrative
sanctions who harass for bribes, tolerate, cover up, refrain from imposing
sanctions or impose sanctions not in time, not at the right levels, or ultra
vires, shall, depending on the nature and seriousness of their violations, be
disciplined or examined for penal liability, if any material damage is caused,
they shall have to pay compensation therefor according to law provisions.
Chapter II
FORMS OF ADMINISTRATIVE
SANCTION AGAINST ACTS OF VIOLATING LAND-ROAD TRAFFIC ORDER AND SAFETY ADD URBAN
TRAFFIC ORDER AND SAFETY
Article 4.- Sanctions
for acts of encroaching upon land-road traffic works, thus affecting land-road
traffic order and safety and urban traffic order and safety.
1. A fine of VND 100,000 for one of the
following acts:
a/ Planting trees within the road protection
corridor, thus obstructing the view of drivers of transport means;
b/ Sun-drying straw, farm products, foodstuffs
and other things on roads;
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2. A fine of VND 500,000 for one of the
following acts:
a/ Erecting welcoming arches, putting up or
hanging advertisement boards or other obstructions within the traffic work
protection corridor, thus affecting traffic order and safety;
b/ Leaving construction materials or any other
things on roads, thus obstructing traffic order and safety.
3. A fine of VND 1,000,000 for any act of
displacing traffic marker posts without permission.
4. A fine of VND 2,000,000 for any acts of
stealing, dismantling or damaging traffic structures or components, thus
affecting traffic safety.
5. Apart from paying the fine, individuals and
organizations shall be forced:
a/ If violating Point a, Clause 1 of this
Article, to immediately pull out planted trees;
b/ If violating Point a, Clause 2 of this
Article, to immediately dismantle unlawfully built works;
c/ If violating Point b, Clause 1 or Point b,
Clause 2 of this Article, to immediately clear up straw, farm products,
foodstuffs, construction materials or other things left on roads;
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Article 5.- Sanctions on
individuals and organizations that violate the regulations on construction,
maintenance, repair and management of land road traffic works
1. A fine of VND 1,000,000 for one of the
following acts:
a/ Carrying out activities to construct or
repair works located within the land-road traffic work protection corridors or
directly related to land-road traffic works without permit of the land road traffic
administrations or with the permits but failing to notify such in writing to
the body directly managing land road works;
b/ Failing to restore the original state of
traffic works, failing to notify in writing the bodies directly managing land
roads after completing the construction of the works.
2. A fine of VND 1,500,000 for one of the
following acts:
a/ Failing to put up or inadequately putting up
signboards, mobile marker posts as prescribed; failing to place barricades,
failing to place red lights during nighttime at both ends of the road section
where traffic is temporarily suspended;
b/ Failing to take measures to handle in time
and measures to guide traffic and prevent accidents when detecting a damaged
land road traffic work threatening traffic safety;
c/ Failing to arrange personnel to guide or
control traffic when construction is conducted at narrow road sections which
are still open for traffic; or at both ends of a bridge, a sluice or a tunnel
being under construction;
d/ Failing to promptly remove signboards,
barricades, means and other materials after completing the construction;
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3. A fine of VND 2,000,000 on the bodies
directly managing traffic works which commit one of the following acts:
a/ Failing to take measures to ensure traffic
safety at passes, slopes and dangerous road sections;
b/ Failing to organize traffic guidance or
suspend traffic according to traffic regulations during the rainy, flood and
storm seasons or in case of other incidents, thus affecting traffic safety;
c/ Using specialized equipment and machinery not
up to safety standards for construction work.
4. Apart from paying the fine, individuals and
organizations that commit acts of violating specified in this Article shall
have to immediately take measures to ensure traffic safety according to
regulations.
Depending on the seriousness of the violations,
the heads of the State-run construction units or the bodies directly managing
traffic works shall be also disciplined, or examined for penal liability if
serious consequences are entailed.
Article 6.- Sanctions
against individuals and organizations that commit violations, thus causing
damage to land road traffic works and affecting traffic order and safety
1. A fine of VND 100,000 for one of the
following acts:
a/ Erecting embankments or scooping water across
road surface;
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2. A fine of VND 2,000,000 for one of the
following acts:
a/ Unlawfully drilling, digging, cutting roads;
b/ Failing to restore sections of road which are
permitted to be temporarily drilled, dug, cut or leveled after completion of
works;
c/ Damaging and disfunctioning the water
drainage system of the traffic works;
d/ Opening a passage across a road or the median
strip without permission;
3. Apart from paying the fine, individuals and
organizations that commit acts of violating specified in this Article shall be
forced to:
a/ If violating Point b, Clause 1 of this
Article, promptly remove the unlawfully laid pipes;
b/ If violating Point a, Clause 1, or Clause 2
of this Article, promptly restore the original state already altered due to
their violations.
Article 7.- Sanctions
against individuals and organizations that violate street pavement and
thoroughfare order and management
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2. A fine of VND 50,000 for one of the following
acts:
a/ Holding markets, displaying commodities for
sale on pavements or roads;
b/ Putting up a roof over the pavement or urban
road, thus obstructing traffic or badly affecting the beautiful urban view;
c/ Putting up signboards, advertisement boards
on the pavement or road, selling sundries, repairing bicycles, cars, motorbikes
and mopeds, providing small services at places where such activities are not
permitted;
d/ Leaving traffic means on pavements and
roadbeds at variance with the regulations;
e/ Unlawfully building steps for vehicles to go
from the roadbed onto the pavement or from the pavement into house;
f/ Roller-skating or playing other games or
sports on traffic roads.
3. A fine of VND 200,000 for one of the
following acts:
a/ Illegally occupying the pavement for use as
bicycle, motorbike and/or car parking lots;
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4. A fine of VND 1,000,000 for one of the
following acts:
a/ Opening car stations or stops not at the
prescribed places;
b/ Setting up parking lots not at the prescribed
places.
5. A fine of VND 2,000,000 for one of the
following acts:
a/ Using the pavement or roadbed as places for
trading construction materials, or grounds for production and business and
service provision;
b/ Encroaching upon the pavement and roadbed for
construction of unlawful works.
6. Apart from paying the fine, individuals and
organizations that commit acts of violating specified at Points b, c and e,
Clause 2, and Clause 4 of this Article, shall have to immediately dismantle
unlawful works, restore the original state already changed due to their
violations. If individuals and organizations that commit acts of violating fail
to dismantle the unlawful works or restore the original state, they shall have
such works dismantled and must pay all expenses arising from the forcible
dismantlement.
Article 8.- Sanctions on
cyclists who violate the regulations on traffic order and safety
1. A fine of VND 10,000 for one of the following
acts:
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b/ Using an umbrella or parasol to protect
oneself from rain or sunshine or using a mobile phone when riding;
c/ Stopping on the roadbed, at places causing
obstruction to traffic.
2. A fine of VND 20,000 for one of the following
acts:
a/ Crossing a road, a bridge, a ferry or a
dangerous road section without obeying traffic lights, signboards or other
traffic signs or the guidance of those who are tasked to guide traffic;
b/ Riding three or more bicycles abreast;
c/ Parking or stopping the bicycle beyond the
prescribed line at the crossroad when the red light is on or when the traffic
police has signaled to stop.
d/ Failing to give hand-signals to other
vehicles behind before making a turn;
e/ Pack-bicycles, bicycles transporting
cumbersome commodities exceeding their prescribed limits, violating the
regulations on time and routes for their operation;
f/ Refusing to give way to motor vehicles.
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a/ Holding onto motorized vehicles, carrying a
bulky load, pulling other objects or leading animal(s) while riding; carrying a
person on the handlebar or crossbar of the bicycle; carrying on pillion more
persons than allowed; carrying flammable and/or explosive commodities in
contravention of regulations;
b/ Taking both hands off the handlebar while
riding; pulling, towing or pushing another bicycle; recklessly overtaking
another vehicle; making a turn in front of a running motorized vehicle;
c/ Weaving one’s way, riding in zigzags, chasing
one another on streets;
e/ Riding from a house, alley or impasse to the
road or vice versa without watching, thus affecting traffic safety;
f/ Riding in the opposite direction of a one-way
road, no-entry road, road only for motor vehicles or area banned to bicycles.
4. A fine of VND 200,000 for one of the
following acts:
a/ Participating in an unlawful cycling race;
b/ Causing an accident then fleeing.
5. A fine of VND 1,000,000 and confiscation of
the bicycle on anyone who participates in an unlawful cycling race and resists
the official(s) on duty but not seriously enough to be examined for penal
liability.
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Article 9.- Sanctions
against drivers of animal-drawn carts, persons who pull or push carts in
violation of traffic order and safety
1. A fine of VND 30,000 for one of the following
acts:
a/ Not keeping to the lane reserved for each
type of vehicle;
b/ Entering a no-cart road or area marked with a
no-cart sign;
c/ Pushing a cart as mobile sale stand on the road
in contravention of regulations, causing obstruction to traffic order and
safety.
2. A fine of VND 50,000 for one of the following
acts:
a/ Driving two or more carts abreast;
b/ Letting animals draw a cart without a
coachman; having not enough tools to contain the animal’s waste matters or
failing to clean up the animal’s waste matters dropping on roads;
c/ Having no signal lights or signals as
prescribed;
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e/ Failing to observe the regulations on
division of traffic flow and routes, and the way-giving principles;
f/ Stopping the cart beyond the prescribed line
when the red light is on or the traffic police have signaled to stop;
g/ Driving the cart across a vehicle convoy or a
throng of people;
h/ Driving the cart not on the prescribed
timetable or driving carts of kinds banned from operation in urban areas;
i/ Failing to give hand-signal when making a
turn.
3. A fine of VND 100,000 for one of the
following acts:
a/ Loading onto the cart commodities exceeding
the prescribed limit; carrying flammable or explosive commodities at variance
with regulations;
b/ Failing to apply measures to ensure safety
and safe signals;
c/ Causing big noises in populous areas when
loading or unloading commodities from 10 p.m. to 5 a.m.
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5. A fine of VND 1,000,000 and confiscation of
carts and animals on those who participate in an unlawful race of animal-drawn
carts and resist the official(s) on duty but not seriously enough to be
examined for penal liability.
Article 10.- Sanctions
on drivers of cyclos, trailer-bicycles and other vehicles of similar structure
for violating traffic order and safety
1. A fine of VND 30,000 for one of the following
acts:
a/ The passenger vehicle does not meet the
prescribed criteria;
b/ Carrying more than two adults; letting
passengers to sit on the side of the vehicle, carrying cumbersome commodities
larger, higher or wider than the allowed limits.
2. A fine of VND 50,000 and confiscation of the
vehicle for acts of driving a vehicle without the registration certificate or a
number plate in localities where there are regulations thereon, or with fake
number plate.
3. A fine of VND 500,000 for act of
participating in cyclo or trailer-bicycle race or carrying flammable or explosive
commodities at variance with regulations.
4. Where the cyclo or trailer-bicycle drivers
commit acts of violating the provisions of Article 8 of this Decree, they shall
be sanctioned according to the provisions of such Article.
Article 11.- Sanctions
against drivers of motorbikes, mopeds, trailer- motorbikes, motor cyclos and
other vehicles of similar structure for violating safety order and safety
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2. A fine of VND 50,000 for one of the following
acts:
a/ Riding on the pavement, not keeping to the
prescribed lane;
b/ Using an umbrella or a parasol to protect
oneself from sunshine or rain or using a mobile phone while riding a vehicle
specified in this Article;
c/ Parking or stopping the vehicle on the
roadbed, at places with no-stop or no-parking signs;
d/ The driver of a vehicle of a kind specified
in this Article carries more persons then allowed or cumbersome commodities;
riding two or more vehicles of these kinds abreast;
e/ The driver of a vehicle specified in this
Article is under 16 years of age;
f/ Using headlight or hooter while riding in a
city, town or township; using horn in areas where honking is banned; or honking
noisily thus breaking the quietness from 10 p.m. to 5 a.m.; failing to signal
when changing the driving direction or arriving at a place where the view is
obstructed;
g/ Gathering in groups of three or more vehicles
on the roadbed or on a bridge;
h/ Failing to carry along the motorbike or moped
registration certificate.
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a/ Driving faster than the speed limit; entering
a restricted road or area;
b/ Refusing to give way to priority vehicles or
other vehicles which have given signals for overtaking according to
regulations;
c/ Failing to obey the signal lights, signboards
or other traffic signs, or the guidance of the traffic police or traffic
control officers when crossing a road, a bridge, or dangerous road section;
d/ Using a motorbike, moped, trailer-motorbike
or motor cyclo to pull, push another or lead an animal, pull an object; or
holding onto another vehicle while riding;
e/ Driving a vehicle with no horn, brake or
lights or with inoperative horn, brake or light; a vehicle with an unreadable
or bent number plate;
f/ Driving a vehicle using a car’s horn, fixed
with an exhaust pipe without silencer or with an accelerating exhaust pipe;
g/ Driving a moped, motorbike, trailer-motorbike
or a motor cyclo without a prescribed driving license; hiring out the driving
license or using a borrowed driving license;
h/ Failing to observe the inspection and control
by the traffic police when violating the regulations on traffic order and
safety;
i/ Failing to complete the procedures for region
transfer or transfer of the ownership over a vehicle as prescribed by law.
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a/ Riding a motorbike at high speed from the
house, alley or impasse to the main road and vice versa;
b/ Riding an unregistered vehicle or a
registered vehicle which is stuck with a number plate not compatible with the
number in the vehicle’s registration certificate; riding a vehicle without a
number plate or with a fake one;
5. A fine of VND 500,000 for one of the
following acts:
a/ Taking both hands off the handlebar when
riding a vehicle; recklessly overtaking another vehicle; riding a vehicle
without a silencer; letting the vehicle’s support stand drag on the road while
riding; riding two or more vehicles abreast at the same speed on road for 50 m
or more;
b/ Riding a vehicle on the road while having an
amount of alcohol exceeding 80 mg per 100 ml of blood or 40 mg per liter of
breath, or using narcotics or other stimulants banned from use by law;
c/ Failing to keep intact the scene after
causing an accident;
d/ Using a priority light, horn or banner at
variance with the regulations or having no priority right but using a priority
light, horn or banner.
6. A fine of VND 1,000,000 for one of the
following acts:
a/ Erasing or altering the vehicle’s dossier,
registration certificate, engine number, frame number but not seriously enough
to be examined for penal liability;
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7. A fine of VND 5,000,000 for one of the
following acts:
a/ Riding a motorbike with cylinder capacity of
175 cm3 or above at variance with the regulations;
b/ Altering the vehicle’s characteristics;
c/ Causing an accident then fleeing away;
d/ Weaving one’s way, driving in zigzags,
chasing one another, thus causing accidents, but not seriously enough to be
examined for penal liability; failing to obey the stop orders issued by the
official(s) on duty; riding a vehicle on one wheel on traffic road.
8. Apart from paying the fine, the drivers of
mopeds, motorbikes, trailer-motorbikes, motor cyclos, who violate the
provisions of this Article shall be also handled as follows:
a/ If violating Point b, Clause 4 or Point a, Clause
5 of this Article, to have their driving licenses stripped for 60 (sixty) days;
b/ If violating Clause 7 of this Article, to
have their driving licenses stripped indefinitely; if repeating the violation,
to have their vehicles confiscated and pay compensation for any damage caused
by their violation;
c/ If violating Point c, Clause 7 of this
Article, to pay compensation for any damage;
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Article 12.- Sanctions
on unlawful moped or motorbike racers; organizers and encouragers of these
races
1. A fine of VND 500,000 on those who gather to
encourage and incite unlawful motorbike races;
2. A fine of VND 1,000,000 for one of the
following acts:
a/ Inciting unlawful motorbike races and
committing acts of obstructing the official(s) on duty;
b/ Riding a vehicle after the ongoing unlawful
motorbike race;
3. A fine of VND 10,000,000 on unlawful
motorbike racers.
4. A fine of VND 20,000,000 for one of the
following acts:
a/ Participating in an unlawful motorbike race
and resisting the official(s) on duty but not seriously enough to be examined
for penal liability;
b/ Recidivism of participation in an unlawful
motorbike race.
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6. Apart from paying the fine, unlawful
motorbike or moped racers who also violate the provisions of one of the points
of Clause 4, this Article, shall also have their vehicles confiscated, their
driving licenses stripped indefinitely; and who violate Point b, Clause 2, this
Article, shall also have their driving licenses stripped for 90 days.
Article 13.- Sanctions
against automobile drivers who violate traffic order and safety
1. A fine of VND 20,000 on automobile drivers
and persons sitting next to the drivers who fail to fasten the safety belts
when the automobiles are running and such automobiles are designed and equipped
with safety belts.
2. A fine of VND 100,000 for one of the
following acts:
a/ Failing to keep an automobile to the
prescribed road part, road lane or route and driving an automobile not within
the prescribed time;
b/ Parking or stopping, veering, overtaking,
reversing, turning around, turning right or left an automobile not according to
regulations;
c/ Blowing hooter in a city, town or township or
blowing horn in areas where there is a non-honking signboard, honking at
nighttime from 10 p.m. to 5 a.m. in the city, town or township; using
headlights from 7 p.m. to 5 a.m. when another vehicle is coming from the
opposite direction;
d/ The number plate is unreadable, hidden or
lacks letters(s) and/or numeral(s) as prescribed, the number plate is stuck not
in the prescribed position on the vehicle.
c/ Driving an automobile without horn,
headlights, signal lights, windshield wipers, windshield and/or rearview
mirrors.
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a/ Driving an automobile in the opposite
direction of a one-way street, or a road banned to vehicles of certain kinds;
b/ Driving an automobile at high speed from an
alley, an impasse or by-road to the main road or vice versa;
c/ Refusing to give way to another vehicle which
has signaled for the overtaking or refusing to give way to vehicles going on
the main road;
d/ Failing to observe the signal lights,
signboards, traffic signs or the guidance of the traffic police, land-road
traffic inspectors or traffic control personnel when crossing a road, a bridge,
a ferry or a dangerous road section;
e/ Driving an automobile transporting earth,
sand, construction materials or other commodities without coverings or safety
measures;
f/ Refusing to carry accident victim(s) for first
aid treatment when driving past a scene of accident;
g/ Driving an automobile with no brakes, driving
at nighttime with inadequate lights as prescribed;
h/ The automobile is stuck with a fake number
plate;
i/ The driving license has expired but the time
limit for the exchange thereof is not finished, the certificate of technical
safety control and environmental protection has expired but the automobile has
not yet been re-examined.
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a/ Refusing to give way to a priority vehicle;
b/ Driving an automobile to push or pull another
vehicle, to pull a semi-trailer or a trailer at variance with the regulations;
c/ Carrying cumbersome commodities or objects,
which are higher, longer or wider than allowed;
d/ Carrying bamboo, iron, steel or other
materials and letting them drag on the road or without taking any safety
measures;
e/ The driver is not in the prescribed age
group;
f/ Failing to obey or obstructing the
inspection, control and guidance of the traffic police or the traffic control
personnel when being caught in violation;
g/ Lending or hiring out the driving license,
assigning unsafe automobiles to drivers or assigning automobiles to persons who
have no driving license;
h/ Failing to keep a safe distance at places
where there is a signboard prescribing the minimum distance between
automobiles;
i/ Parking, stopping the automobile or opening
the automobile’s door, causing accident to other(s) but not seriously enough to
be examined for penal liability;
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5. A fine of VND 1,000,000 for one of the
following acts:
a/ Driving after having consumed an amount of
alcohol or beer higher than the allowed percentage, or used narcotics or other
stimulants;
b/ Practicing driving without a driving practice
permit or without an instructor sitting beside; the automobile does not have
the "driving practice" signboard as prescribed; driving without
auxiliary brakes and rearview mirror(s); driving on a public road without
permission; driving outside the prescribed routes or areas;
c/ Carrying commodities exceeding the allowed
tonnage of the automobile;
d/ Using trucks for the transportation of
passengers without permission of the competent authorities or at variance with regulations;
e/ Driving without a driving license or with a
driving license which does not match the kind of the automobile being driven;
driving an automobile with no certificate of technical safety inspection and
environmental protection, or driving an automobile which is not registered or
certified for region transfer according to law provisions.
f/ Erasing, modifying the automobile’s
registration certificate, the engine’s numbers, the frame’s numbers, the
certificate of technical safety inspection and environmental protection or
other papers but not seriously enough to be examined for penal liability;
g/ Using one of the following fake papers:
driving license, certificate of technical safety inspection and environmental
protection and registration certificate;
h/ The driver commits a violation and resists
the official(s) on duty when being handled, but not seriously enough to be
examined for penal liability;
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a/ Causing an accident then fleeing away,
failing to come and report the accident to competent authorities, but not
seriously enough to be examined for penal liability;
b/ Changing the automobile’s components, parts,
accessories in order to avoid the inspection by competent State bodies.
7. A fine of VND 5,000,000 for any acts of
transporting noxious, hazardous, flammable and/or explosive substances at
variance with the regulations, or parking, stopping automobiles which carry the
above-mentioned substances at crowded places or important works.
8. A fine of VND 20,000,000 on unlawful car
racers.
Where an unlawful car racer resists the
official(s) on duty but not seriously enough to be examined for penal liability
or if he/she commits recidivism, he/she shall be subject to a fine of VND 50,000,000,
the confiscation of his/her automobile and the deprivation of his/her driving
license.
9. Apart from paying the fine prescribed in this
Article, the automobile drivers shall be also subject to the following
sanctioning forms:
a/ If violating Point a, Clause 5, or Point a,
clause 6, Clause 7 of this Article, to have their driving licenses stripped of
for 90 days;
b/ If violating Point a, Clause 6 of this
Article, to pay compensation for any damage;
c/ If violating Point c, Clause 5 of this Article,
to reduce the load before continuing the trip.
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1. A fine of VND 100,000 on passengers for one
of the following acts:
a/ Causing disorder in the car;
b/ Obstructing the transportation of passengers;
c/ Threatening the life, health and/or property
of other passengers, the car driver and/or his/her assistant(s), but not
seriously enough to be examined for penal liability;
d/ Clinging to the car, sitting on its roof or
committing other unsafe acts while the car is running.
2. A fine of VND 200,000 on passenger car
drivers for one of the following acts:
a/ Letting passengers stay in the car when the
car is embarking onto or disembarking from a ferry, or while on a ferry;
b/ Taking and/or releasing passengers when the
car is running, not at the right stations or prescribed places, at non-stop or
non-parking places or at winding road sections where the view is obstructed;
c/ Failing to shut the car’s door when it starts
running.
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a/ Letting passengers to cling to the car’s
door, sit on the car’s side wall or roof;
b/ Transferring or ceding passengers to another
en route without the passengers’ consent;
c/ Transporting more passengers than allowed for
each kind of car;
d/ Transporting together with passengers
animals, smelly commodities or substances that affect the passengers’ health;
e/ Releasing passengers to avoid inspection
and/or control of competent officials(s);
f/ Transporting passengers and commodities
together in the passenger cabins, putting commodities and luggage not at
prescribed places;
g/ Using cars with expired use duration to
transport passengers.
4. A fine of VND 2,000,000 for act of
transporting noxious, hazardous, flammable and/or explosive substances together
with passengers on the car.
5. Apart from paying the fine, the passenger car
drivers who commit acts of violating the provisions of this Article shall be
also forced:
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b/ If violating Point c, Clause 3, Clause 4 of
this Article, to have their driving licenses stripped of for 90 (ninety) days.
6. Passenger car drivers who commit acts of
violating the provisions of Article 13 of this Decree shall be also sanctioned
according to the provisions of such Article.
Article 15.- Sanctions
against drivers of lambrettas, "Cong Nong" and "Bong Sen"
mini-trucks and other vehicles of similar technical standard, for violating
traffic order and safety
1. A fine of VND 100,000 on drivers of
lambrettas for one of the following acts:
a/ Letting a passenger(s) sitting beside;
b/ Having no seats for passengers;
c/ Letting other persons cling to the vehicle;
d/ Loading commodities on the vehicle’s roof;
e/ The vehicle does not have enough lights, stop
lights and signal lights as prescribed.
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a/ Carrying people;
b/ Failing to equip the vehicle with enough
lights, with horn and brake, or equipping the vehicle with such things which,
however, are no longer effective;
c/ Carrying flammable and/or explosive
commodities at variance with regulations.
3. The drivers of lambrettas, "Cong
Nong" and "Bong Sen" mini-trucks and other vehicles of similar
technical standard, who violate the provisions of Article 13, Article 14 or
Article 17 of this Decree, shall be sanctioned according to the provisions of
these Articles.
Article 16.- Sanctions
against drivers of caterpillars, overloaded or oversized vehicles for violating
traffic order and safety
1. A fine of VND 1,000,000 for one of the
following acts:
a/ Driving the vehicle on the road, across a
bridge or ferry without a permit or with an expired permit;
b/ Failing to keep the right routes prescribed
in the permit.
2. A fine of VND 2,000,000 for one of the
following acts (except for vehicles which have been granted special permits):
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b/ Transporting commodities with sizes exceeding
the permitted size limits of a bridge or road, for less than 50 cm in height,
less than 20 cm in width, or less than 50 cm in length of the bridge or road.
3. A fine of VND 3,000,000 for one of the
following acts:
a/ Transporting commodities, thus making the
gross tonnage of the vehicle, after deduction of the allowed error, exceed the
load-bearing capacity of the road or bridge by over 2 %;
b/ Transporting commodities with sizes exceeding
the permitted size limits of bridge or road, for the levels prescribed at Point
b, Clause 2 of this Article;
4. Apart from paying the fine, the drivers who
commit any acts of violating the provisions of this Article shall also have
their driving licenses stripped of for 60 (sixty) days, be forced to unload the
overweighed or overloaded commodities, and the vehicle owners or drivers shall
have to bear all expenses arising therefrom, including the expense for the means
for unloading the oversized or overloaded commodities.
Article 17.- Sanctions
for violations of the technical safety standards of automobiles
1. A fine of VND 500,000 for one of the
following acts:
a/ Driving a vehicle with tires of improper
sizes or technical standards;
b/ The steering system fails to meet technical
standards.
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3. A fine of VND 3,000,000 for any act of
changing the vehicle’s components, frame, engine or characteristics without
permission of competent authorities.
4. A fine of VND 5,000,000 for driving
right-hand drive automobiles.
5. Apart from paying the fine, the persons
committing acts of violating the provisions of this Article shall also:
a/ For drivers who are also owners of the
automobiles and violate Clause 3 of this Article, have their driving licenses
stripped of for 180 (one hundred and eighty) days and the technical safety
inspection and environmental protection certificates revoked;
b/ If violating Clause 4 of this Article, have
their automobiles confiscated.
Article 18.- Sanctions
against individuals and organizations committing acts of causing environmental
pollution in land road traffic and urban traffic
1. A fine of VND 100,000 for one of the
following acts:
a/ Spilling lubricant, mud or sludge onto the
road surface;
b/ Failing to take measures to ensure hygiene by
the driver of an animal-drawn cart;
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d/ Letting animals defecate on the pavement or
roadbed in the urban area;
e/ Relieving oneself on the pavement or roadbed
in the urban area;
f/ Throwing carcasses, garbage or other waste
matters onto roads, pavements or streets;
g/ Driving a dirty vehicle (caterpillar, car,
lambretta, "Bong Sen" mini-truck or another vehicle of similar technical
standard) into the city or urban area.
2. A fine of VND 500,000 on drivers of cars,
lambrettas, "Bong Sen" mini-trucks or other vehicles of similar
technical standard, for committing one of the following acts:
a/ Discharging smoke beyond the allowed limit,
discharging dust, fetid smell into the air; causing noise above the allowed
level;
b/ Discharging oil, grease and/or noxious or
hazardous chemicals on traffic road;
c/ Letting earth, sand or waste matters scatter
on traffic road.
3. Apart from paying the fine, individuals and
organizations that commit acts of violating the provisions of this Article
shall also have to take measures to overcome the consequences entailed by their
violations.
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1. Warning or a fine of VND 20,000 on
pedestrians who do not keep to the road part reserved for them or fail to obey
the traffic lights, signboards, other traffic signs or the guidance of the
traffic police or traffic control personnel.
2. A fine of VND 50,000 for one of the following
acts:
a/ Letting buffaloes, oxen, cows, horses or
other cattle run freely on traffic road;
b/ Riding buffaloes, oxen, cows, horses or other
cattle in city, town or other places banned to animals.
3. A fine of VND 100,000 for one of the
following acts:
a/ Throwing bricks, earth, rocks, sand or any
other thing on persons or traffic means;
b/ Failing to put up temporary signs or to
report in time to local authorities, the unit directly in charge of traffic or
the traffic police of the nearest place when detecting unsafe land-road traffic
works.
4. A fine of VND 200,000 for all acts of
fighting, or inciting others to get into a fight, thus causing disorder on the
street, on transport means, affecting land-road traffic order and safety and
urban traffic order and safety.
5. A fine of VND 500,000 for one of the
following acts:
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b/ Stretching a string or cord or setting up a
barrier across the road without permission, thus obstructing traffic;
c/ Failing to provide the necessary means and to
take measures to prevent accidents when cutting tree branches or felling trees
on the roadside;
d/ Taking advantage of traffic accidents to
appropriate others’ property but not seriously enough to be examined for penal
liability;
e/ Employing tricks to cause a fake accident in
order to ask for compensation;
f/ Manufacturing, trading in number plates of
land-road motorized vehicles without permission of competent authorities.
6. Apart from paying the fine, individuals and
organizations that commit acts specified in this Article shall also be forced:
a/ If violating Point b, Clause 5 of this
Article, to promptly remove the obstacles to traffic;
b/ If violating Point b, Clause 3, Points a and
c, Clause 5 of this Article, to take measures to ensure traffic safety;
c/ If violating Point f, Clause 5 of this
Article, to have number plates and equipment and tools for the manufacture
thereof confiscated, to immediately stop the manufacture and trading in the
number plates of land-road motorized vehicles.
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1. A fine of VND 5,000,000 for any act of
violating the conditions for doing business in operating parking lots.
2. A fine of VND 10,000,000 for any act of
violating the conditions for doing business in operating car stations.
3. A fine of VND 50,000,000 for any act of
violating the conditions for doing business in super-long and super-heavy
commodity transportation.
4. A fine of VND 100,000,000 for any act of
violating the conditions for doing business in passenger transportation or
international transportation.
Chapter III
COMPETENCE TO IMPOSE
ADMINISTRATIVE SANCTIONS ON VIOLATIONS OF LAND-ROAD TRAFFIC ORDER AND SAFETY
AND URBAN TRAFFIC ORDER AND SAFETY
Article 21.- Assignment
of competence to impose administrative sanctions
1. The People’s Committees at various levels
shall have competence to sanction violations of land-road traffic order and
safety and urban traffic order and safety in the localities under their
respective management.
2. The land-road traffic inspectors shall have
competence to sanction acts of violating the provisions of Articles 4, 5, 6, 7,
9; Point b, Clause 2 of Article 13; Points f and j, Clause 4 of Article 13;
Points c, d and e, Clause 5 of Article 13, Points a and b, Clause 2 of Article
14; Article 16; Article 18; Clauses 1, 2 and 3; Points a, b and c, Clauses 5
and 6 of Article 19; and Article 20 of this Decree.
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4. Where an administrative violation falls under
the sanctioning competence of many agencies, the agency that first handles the
violation shall effect the sanctioning.
Article 22.- The
sanctioning competence of the presidents of the People’s Committees at various
levels
1. The presidents of the People’s Committees of
communes, wards and townships are competent to:
a/ Serve warnings;
b/ Impose fines not exceeding VND 200,000
c/ Confiscate material evidences and means
employed in the violation, valued at up to VND 500,000;
d/ Force compensation for damage not exceeding
VND 500,000;
e/ Force the application of measures to overcome
the consequences entailed by the administrative violations.
2. The presidents of the People’s Committees of
urban districts, rural districts and provincially-run cities are competent to:
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b/ Impose fines not exceeding VND 10,000,000;
c/ Confiscate material evidences and means
employed in the violations;
d/ Force the restoration of the original state
like before the administrative violation is committed, force the dismantlement
of unlawfully-constructed works;
e/ Force the compensation for damage not
exceeding VND 1,000,000;
f/ For the application of measures to overcome
consequences entailed by the administrative violations.
3. The presidents of the People’s Committees of
the provinces and centrally-run cities are competent to:
a/ Serve warnings;
b/ Impose fines not exceeding VND 100,000,000;
c/ Confiscate material evidences and means
employed in the violations;
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e/ Force the application of measures to overcome
consequences entailed by the administrative violations.
f/ Force the compensation for damage not
exceeding VND 1,000,000;
Article 23.- The
sanctioning competence of the People’s Police
1. The people’s policemen on duty are competent
to:
a/ Serve warnings;
b/ Impose fines not exceeding VND 100,000.
2. The immediate superior officers of the
People’s policemen are competent to:
a/ Serve warnings;
b/ Impose fines not exceeding VND 200,000;
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3. The heads of the commune/ward/township police
offices may apply various forms of administrative sanction, apply
consequence-overcoming measures as specified in Clause 1, Article 22 of this
Decree.
4. The heads of the police offices of the rural
districts, urban districts and provincial towns shall be entitled to:
a/ Serve warnings;
b/ Impose fines not exceeding VND 2,000,000.
c/ Strip of driving licenses;
d/ Confiscate material evidences and means
employed in the violations;
e/ Force the restoration of the original state
as it was before the administrative violation is committed, force the
dismantlement of unlawfully-constructed works;
f/ Force the application of measures to deal
with the environmental pollution and/or the spread of epidemics caused by the
administrative violations;
c/ Force the compensation for damage caused by the
administrative violations, not exceeding VND 1,000,000.
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6. The director of the land-road and railway
traffic police department, the director of the police department in charge of
administrative management over social order and the directors of the police
offices of the provinces and centrally-run cities are competent to:
a/ Serve warnings;
b/ Impose fines of up to VND 20,000,000;
c/ Apply additional sanctioning forms and
consequence-overcoming measures specified in Clause 4, Article 23 of this
Decree.
Article 24.- The
sanctioning competence of the land-road traffic inspectorate
1. The land-road traffic inspectors are
competent to:
a/ Serve warnings;
b/ Impose fines not exceeding VND 200,000;
c/ Confiscate material evidences and means
employed in the violations; valued at not more than VND 500,000;
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e/ Force the application of measures to ensure
traffic safety.
2. The heads of the land-road traffic inspection
boards of the land-road management regions and the provincial/municipal
Communications and Transport (Communications and Public Works) Services are
competent to:
a/ Serve warnings;
b/ Impose fines not exceeding VND 10,000,000 for
violations specified in this Decree;
c/ Force the compensation for damage caused by
administrative violations, not exceeding VND 1,000,000;
d/ Apply additional sanctioning forms,
consequence-overcoming measures specified in Clause 1 of this Article.
Article 25.- Collection
and payment of fines
1. Individuals and organizations that commit
administrative violations of land-road traffic order and safety and urban
traffic order and safety and are fined shall have to pay fines at the prescribed
places. If they evade or fail to pay the fines in time, thus delaying the
payment, they shall be forced to pay the fines according to law provisions.
2. The sanctioning and the sanctioned persons
are strictly forbidden to collect and pay fines at places at variance with law
provisions on sanctioning of administrative violations.
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The sanctioning order and procedures shall
comply with the provisions of the Ordinance on Handling of Administrative
Violations.
Article 27.- Forcible
execution of decisions to sanction administrative violations
1. Individuals and organizations that are
sanctioned for administrative violations but fail to voluntarily comply with
sanctioning decisions shall be forced to execute such sanctioning decisions by
means of the following measures:
a/ Deduction of part of their salary or income,
deduction of money in their bank accounts;
b/ Inventory of part of the property with value
being equivalent to the fine amount for auction;
c/ Application of other forcible measures for
the execution of the sanctioning decisions.
2. Persons with sanctioning competence shall be
entitled to issue decisions on forcible execution and have the task of
organizing the forcible execution.
3. The People’s Police force shall have to
enforce the decisions on forcible execution, issued by the People’s Committees
of the same level, and coordinate with other State bodies in organizing the
enforcement of the latter’s forcible execution decisions when so requested.
Article 28.- Complaints
and denunciations
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2. Citizens may denounce administrative
violations committed by individuals and organizations as well as violations
committed by persons competent to impose administrative sanctions to competent
State bodies.
Chapter IV
IMPLEMENTATION
PROVISIONS
Article 29.- This
Decree takes effect 15 days after its signing.
This Decree replaces the Government’s Decree No.
49/CP of July 26, 1995 and Decree No. 78/1998/ND-CP of September 26, 1998.
Article 30.- The Minister
of Public Security, the Minister of Communications and Transport and the
Minister of Finance shall, within the scope of their respective tasks, have to
guide in detail and organize the implementation of this Decree.
Article 31.- The
ministers, the heads of the ministerial-level agencies, the heads of the
agencies attached to the Government, and the presidents of the People’s
Committees of the provinces and centrally-run cities shall have to implement
this Decree
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