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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
49-CP
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Hanoi,
July 26, 1995
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DECREE
PROVIDING FOR ADMINISTRATIVE SANCTIONS AGAINST VIOLATIONS OF
TRAFFIC ORDER AND SAFETY ON LAND ROADS AND IN URBAN AREAS
THE GOVERNMENT
Pursuant to the Law on
Organization of the Government of September 30th, 1992;
Pursuant to the Ordinance on the Protection of Communication Projects of
December 2nd, 1994;
Pursuant to the Ordinance on the Vietnam People's Police of January 28, 1989,
and the Ordinance amending Article 6 of the Ordinance on the Vietnam People's
Police of July 6, 1995;
Pursuant to the Ordinance on the Handling of Administrative Violations of July
6, 1995;
Pursuant to the Regulations on Traffic Order and Safety on Land Roads and in
Urban Areas promulgated together with Decree No.36-CP of the Government on May
29th, 1995;
At the proposals of the Minister of the Interior, the Minister of Communications
and Transport, and the Minister of Justice,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.-
Principles for the handling of administrative violations
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2. All individuals and
organizations that commit acts of violation of traffic order and safety on land
roads and in urban areas shall be handed administrative sanctions under the
provisions of this Decree.
3. All acts of violation of
traffic order and safety on land roads and in urban areas must be detected in
time and stopped immediately. The fining must be conducted promptly, justly and
openly. All the consequences of the administrative violations must be overcome
as prescribed; the organizations and individuals that commit acts of
administrative violation causing material damage have the responsibility to make
compensations as prescribed by law.
4. Any act of administrative
violation shall be handled only once.
A person who commits many acts
of administrative violation shall be fined for each of the violations. The
person authorized to hand the fine shall decide the form of sanction for each
act of violation; if the forms of sanction are cash fines, all the fines shall
be added up to become a common fine.
If many persons commit an act of
administrative violation, each of them shall be fined separately.
5. The administrative sanctions
must be based on the character and extent of the violation, the person of the
offender and the extenuating or aggravating circumstances so that an
appropriate form and measures of sanction as stipulated in this Decree can be
adopted.
6. No sanction against
administrative violations shall be applied in case of emergency, legitimate
defense, unexpected developments, or in case the offender is affected by a
mental disease or other diseases which deprive him/her of the acity of cognizance
or of controlling his/her act.
Article 2.-
The fines against administrative violations with extenuating or aggravating
circumstances are defined as follows:
1. A fine against an
administrative violation with extenuating circumstances may be reduced but not
to below half the level of fine against such an act of violation stipulated in
this Decree.
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3. The provisions for the
extenuating or aggravating circumstances shall conform with the regulations in
the Ordinance on the Handling of Administrative Violations.
Article 3.-
Sanctions against the persons with authority to hand sanctions against
administrative violations.
1. The person with authority to
hand administrative sanctions must hand the sanction against the right persons,
the right violations and in accordance with his/her competence and law. He/She
must immediately ask the concerned agencies to take immediately necessary
measures to ensure traffic order and safety and protect the communication
project.
2. The person with authority to
hand sanctions against administrative violations who hassles, condones or
covers up the offender, or who passes over the violation or does not hand the
sanction in time or not justly, or who hands the sanction beyond his/her
prescribed authority shall, depending on the character and extent of the
violation, be subject to discipline or be examined for penal liability. If
his/her violation causes material losses, he/she shall have to make
compensations as prescribed by law.
Chapter II
FORMS OF ADMINISTRATIVE
SANCTION AGAINST VIOLATIONS OF TRAFFIC ORDER AND SAFETY ON LAND ROADS AND IN
URBAN AREAS
Article 4.-
Sanctions against acts of encroachment upon land communication projects
affecting traffic order and safety on land roads and in urban areas.
1. Fine of 100,000 Dong against
one of the following acts:
a/ Planting trees within the
road protection corridor, thus obstructing the view of the drivers of means of
transport;
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c/ Engaged in production,
business and service activities without permit in the areas of ports, bus
stations and waiting rooms.
2. Fine of 500,000 Dong against
one of the following acts:
a/ Erecting welcome archs,
putting or hanging advertisement boards or other obstructions within the protection
corridor of communication projects thus affecting traffic order and safety;
b/ Putting building materials or
any other things on the land roads thus causing obstruction to traffic order
and safety.
3. Fine of 1,000,000 Dong
against an act of unauthorized removal of a traffic marker post.
4. Fine of 2,000,000 Dong
against an act of theft and removal of or damage to the structure and auxiliary
parts of a communication project thus affecting traffic safety.
5. Aside from cash fine, the
individuals or organizations committing acts defined at this Article is
compelled to immediately carry out the following measures:
a/ If they violate Point a, Item
1, they must immediately pull up the trees already planted;
b/ If they violate Point a, Item
2, they must dismantle the construction which has been erected illegally;
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d/ If they violate Item 3, Item
4, they must restore the initial state which has been altered as a result of
the violation.
Article 5.-
Sanctions against individuals or organizations that violate the regulations on
construction, maintenance, repair and management of the land roads.
1. Fine of 1,000,000 Dong
against one of the following acts:
a/ To conduct activities in
construction, maintenance and repair of projects within the corridor of
protection of land transport projects or projects directly related to the land
transport projects without permits from the management agencies of the land
roads. Even if they have permits, they are still liable to sanction if they do
not report in writing to the agency directly managing the land transport
project;
b/ Failing to restore the
initial state of the communication project and failing to report in writing to
the agency directly managing the land road after having completed the
construction of the project.
2. Fine of 1,500,000 Dong
against one of the following acts:
a/ Failing to plant or to plant
not in conformity with the regulations concerning the signboards and mobile
marker posts; failing to put up barriers; failing to put up red signs at night
at both ends of the road section where traffic is temporarily suspended;
b/Failing to take measures of
handling in time or measures to direct traffic in order to prevent accidents
when detecting a damaged part of the land transport project threatening traffic
safety;
c/ Failing to place persons to
guide or direct traffic when a construction work is done at a narrow section of
road where traffic must continue; or at either end of a bridge, culvert or
underground road under construction;
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e/ To put materials, earth,
stone and construction equipment, vehicles and machines outside the area of
construction, thus causing obstruction to traffic.
3. Fine of 2,000,000 Dong
against the agency directly managing the transport project which commits one of
the following acts:
a/ Failing to take measures to
ensure traffic safety on the dangerous passes, slopes and road sections;
b/ Failing to provide traffic
guidance or to stop traffic as prescribed by traffic rule during the storm and
flood season, or in case of other incidents affecting traffic safety;
c/ Using means and specialized
equipment below the safety norms in construction.
4. Aside from cash fine, the
individual or organization committing violations stipulated at this Article
shall have to take immediate remedy actions to ensure traffic safety as
prescribed.
Depending on the extent of his
violation, the person responsible for the State construction unit or the agency
directly managing the transport project shall be subjected to discipline. If
his act leads to serious consequences, he shall be examined for penal
liability.
Article 6.-
Sanctions against individuals and organizations whose violations cause damage
to land transport projects and affect traffic order and safety.
1. Fine of 100,000 Dong against
one of the following acts:
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b/Laying conduits or pipes of
various kinds on the road bed.
2. Fine of from 2,000,000 Dong
against one of the following acts:
a/ Conducting illegal drilling,
digging or cutting on the roads;
b/ Failing to restore the
sections of road where it was temporarily permitted to conduct drilling,
digging, cutting or leveling after completing the project;
c/ Damaging or neutralizing the
effect of the drainage system of the communication project;
d/ Opening without authorization
a passage across a road or the dividing line on the road.
3. Aside from cash fine, the
offending individuals or organizations shall be obliged to take the following
measures:
a/ If they violate Point b, Item
1, they must immediately remove the conduit or pipe that has been illegally
laid;
b/ If they violate Point a, Item
1 or Item 2, they must immediately restore the initial state which has been
altered by the violation .
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1. To be served a warning or
fined 20,000 Dong in one of the following cases: to play football, shuttlecock
or badminton, or engage in other activities on the roadbed and pavement, thus
affecting traffic order and safety.
2. Fine of 50,000 Dong against
one of the following acts:
a/ To encroach on the pavement
or roadbed, to hold market or display commodities for sale;
b/ To put up a roof or any cover
over the pavement or an urban road, thus obstructing traffic or damaging the
lands e of the town;
c/ To use the pavement or
roadbed for the erection of signboards or advertisement bills; to sell
miscellanies, to repair bicycles or conduct small businesses in places where
such activities are not permitted;
d/ To park means of transport on
the pavement and roadbed contrarily to the prescriptions;
e/ To build without
authorization a step or steps for the movement of means of transport from the
roadbed to the pavement and from the pavement into the house.
3. Fine of 200,000 Dong against
one of the following acts:
a/ To use the pavement as a
place to keep bicycles, motorbikes and motorcars;
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4. Fine of 2,000,000 Dong
against one of the following acts:
a/ To use the pavement or
roadbed as a place to trade in building materials or to conduct production
activities, repairs, or to wash cars, motorbikes, to display sale stands or
counters, or to do service businesses;
b/ To use the pavement or
roadbed to erect illegal constructions.
5. Aside from cash fine, the
individual or organization that violates the regulations in Points b, c and d
of Item 2 and Item 4 of this Article shall have to immediately dismantle the
constructions they have illegally set up and restore the initial state which
has been altered by the violation.
Article 8.-
Sanctions against cyclists who violate the regulations on traffic order and
safety:
1. Fine of 10,000 Dong against
one of the following acts:
a/ To ride not on the lane
reserved for cyclists, to ride on the pavement, in the public flower gardens
and parks;
b/ To use umbrellas for
protection against rain or shine while riding on bicycle;
c/ To stop the bicycle on the
roadbed or on the banned direction thus causing obstruction to traffic;
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e/ To ride into the opposite
direction of a two-way road, or into a banned road or an area marked with a
"no entry" sign, or a road exclusively reserved for motorized vehicles.
2. Fine of 20,000 Dong against
one of the following acts:
a/ To ride past a crossroads, a
bridge, a ferry or a dangerous road section without obeying the signal light or
sign and other traffic signs, or the guidance of the traffic police or a member
of the traffic control service;
b/ To ride three and more
abreast, or to carry more persons than permitted;
c/ To stop the bicycle beyond
the prescribed limit at the crossroads when the red light is on or when the
traffic police has signaled to stop;
d/ Failing to signal by hand
before changing direction;
e/ Riding or pushing a bicycle
with a cumbersome load exceeding the prescribed limit, or violating the
regulations on the timetable and road lane.
3. Fine of 50,000 Dong against
one of the following acts:
a/ Holding on to a motorized
vehicle, carrying a cumbersome load while riding, tugging along an animal,
carrying on pillion more persons than allowed;
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c/ Weaving one's way on the
bike, riding in zigzags, chasing one after another on the street.
4. Fine of 500,000 Dong against
one of the following acts:
a/ Taking part in an unauthorized
cycling race;
b/ Causing an accident and
fleeing the scene.
5. Fine of 1,000,000 Dong and
confiscation of the bicycle of anyone who takes part in an unauthorized cycling
race and who refuses to obey the person on duty but not yet liable to examination
for penal liability.
6. Fine of 2,000,000 Dong
against the act of organizing an unauthorized cycling race.
Article 9.-
Sanctions against the drivers of animal-drawn carts, or the persons who pull or
push carts in violation of traffic order and safety.
1. Fine of 30,000 Dong against
one of the following acts:
a/ Not keeping to the lane
reserved for each kind of vehicle;
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c/ Pushing a cart as a mobile
sale stand on the road contrarily to prescriptions, thus causing obstruction to
traffic order and safety.
2. Fine of 50,000 Dong against
one of the following acts:
a/ To ride two and more abreast;
b/ To let an animal draw a cart
without guardian;
c/ To have no signal light or
sign as prescribed;
d/ Failing to observe the signal
light, traffic sign and other traffic signals or the guidance of the traffic
police or the traffic control personnel when crossing a road, a bridge, a ferry
or a dangerous road section;
e/ Failing to obverse the
regulations on road and lane division, and the principle on priority of
passage;
f/ To stop the bicycle beyond
the prescribed limit when the red light is on, or in spite of the
"stop" order of the traffic police;
g/ To ride through a motorcade or
a throng of people;
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i/ Failing to warn by hand when
changing the direction of the ride.
3. Fine of 100,000 Dong against
one of the following acts:
a/ To load the vehicle beyond
the allowed limit;
b/ Failing to carry out safety
measures and safety signals;
c/ To cause big noise in a
population area when loading or unloading commodities from 10 p.m. to 5 a.m.
4. Fine of 500,000 Dong against
organizing an unauthorized animal race.
5. Fine of 1,000,000 Dong and
confiscation of the cart and the animal against participating in an
unauthorized animal race and resisting the person on duty, but not yet liable
to be examined for penal liability.
Article
10.- Sanctions against drivers of cyclo and hauling bicycle violating
traffic order and safety.
1. Fine of 30,000 Dong against
one of the following acts:
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b/ The cyclo carries more than
two adults; arranges for the passenger(s) to sit on the side of the cyclo,
carries cumbersome commodities larger, higher or wider than the allowed limits.
2. Fine of 50,000 Dong and
confiscation of the cyclo if the cyclo is not registered, does not have the
name plate (in the locality where registration and name plates are mandatory),
or if the cyclo carries a fake name plate.
3. Fine of 500,000 Dong against
all cyclo and hauling bicycle race.
4. Fine of 1,000,000 Dong and
confiscation of the cyclo or hauling bicycle against participating in a cyclo
or hauling bicycle race coupled with resisting the person on duty, but not yet
liable to be examinated for penal liability.
5. In case the driver of a cyclo
or hauling bicycle commits one of the violations stipulated in Article 8 of this
Decree, he/she shall be penalized according to the provisions of this Article.
Article
11.- Sanctions against drivers of mopeds, motorcycles, hauling motorbikes
and motorized cyclos violating traffic order and safety.
1. Fine of 50,000 Dong against
one of the following acts:
a/ Not keeping to the right
lane, riding on the pavement, into a banned area, or a road with a "no
entry" sign;
b/ Using an umbrella to protect
oneself against shine and rain when riding a moped or motorcycle;
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d/ The driver of the mobbed or
motorcycle carries more persons than prescribed, or carries cumbersome
commodities and other objects; or ride on mopeds, motorcycles, hauling
motorcycles or motorized cyclos two and more abreast;
e/ The driver of the moped,
motorcycle, hauling motorcycle or motorized cyclo is under 16 years of age;
f/ Failing to signal when
changing direction or passing through a place where the view is obstructed;
using the main headlight from 7 p.m. to 5 a.m. in the cities, towns or
townships; honking noisily thus breaking the quietness of the night from 10
p.m. to 5 a.m., or passing through a place marked with the "no
honking" sign.
2. Fine of 100,000 Dong against
one of the following acts:
a/ Overspeeding; riding into the
opposite direction of a two-way road; or entering a banned road or area;
b/ Failing to observe the rule
of traffic priority, refusing to let another vehicle overtake and pass even
though the latter has asked permission by honking or flashing signal;
c/ Riding past a road, bridge,
ferry or dangerous road section without observing the signal light or sign or
other traffic signals, or the guidance of the traffic police or the traffic
control personnel;
d/ Using motorcycles, mopeds,
hauling motorcycles, motorized cyclos to pull, push or as hauler for another
vehicle, or to pull an animal or an object;
e/ To use a vehicle without
lights, horns or brakes, or with inoperative lights, horns or brakes, or to use
horns reserved only for priority cars and trucks; to use unreadable name
plates;
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g/ Refusing to submit to the
inspection and control by the traffic police when caught violating traffic
regulations;
h/ Failing to fill the procedure
for transferring ownership right of the vehicle or when transferred to another
area as prescribed .
3. Fine of 200,000 Dong against
one of the following acts:
a/ Riding at high speed from the
house, alley or sidestreet into the main street, and vice versa;
b/ Riding an unlicensed vehicle,
a vehicle without name plate or with a fake name plate.
4. Fine of 500,000 Dong against
one of the following acts:
a/ Riding without holding on the
handle bar, overtaking another vehicle contrarily to traffic rules; using a
vehicle without a noise reduction device; letting the support bar drag on the
roadbed while riding;
b/ Driving the vehicle after
drinking alcohol, beer or other stimulants past the prescribed volume
percentage;
c/ Failing to keep intact the
evidences after causing an accident.
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a/ Weaving one's way or riding
in zigzags or chasing one another on the road;
b/ Riding a motorcycle with
cylinder acity of 175 cm3 and above without permit;
c/ Altering the characteristics
of the vehicle;
d/ Causing an accident and
fleeing the scene.
6. Fine of 2,000,000 Dong
against one of the following acts:
a/ Weaving one's way or riding
in zigzags, chasing one another and causing accident but not yet liable to be
examined for penal liability;
b/ Weaving one's way or riding
in zigzags, chasing one another and causing accident and ignoring the order of
the person on duty to stop.
7. Apart from cash fine, the
driver of a moped, motorcycle, hauling motorcycle, motorized cyclo who commits
one of the violations mentioned in this Article shall also be subject to the
following sanctions:
a/ If he/she violates Point b,
Item 4, Point a and Point d, Item 5, he/she will have the driving license
withdrawn for a period of 60 days;
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c/ If he/she violates Point a,
Item 6, he/she will have to pay compensations for the damage.
Article
12.- Sanctions against the participants, organizers and exhorters of
unauthorized motorcycle races.
1. Fine of 100,000 Dong against
exhorters of unauthorized motorcycle races.
2. Fine of 300,000 Dong against
the exhorters of unauthorized motorcycle races who also prevent the person on
duty from performing his task.
3. Fine of 5,000,000 Dong
against the participants in an unauthorized motorcycle race.
4. Fine of 20,000,000 Dong
against one of the following acts:
a/ Taking part in an
unauthorized motorcycle race and resisting the person on duty but not yet
liable to be examined for penal liability;
b/ Recidivism of unauthorized
motorcycle race.
5. Fine of 50,000,000 Dong against
the organizers of unauthorized motorcycle races.
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Article
13.- Sanctions against the drivers of automobiles violating traffic safety
and order.
1. Fine of 200,000 Dong against
one of the following acts:
a/ Driving an automobile not in
keeping with the prescribed lane or road;
b/ To park stop, veer, drive
past, back away, turn around or turn left or right not in keeping with
prescriptions;
c/ Honking in cities, towns and
townships or a place where honking is prohibited, honking at night time from 10
p.m. to 5 a.m. in the cities, towns and townships; using headbeams from 7 p.m.
to 5 a.m. when another automobile is coming from the opposite direction;
d/ The name plate is unreadable
or hidden or lacks one or two letters or numbers required. To put the nameplate
not at the prescribed place;
e/ To drive an automobile
without horn, headlights, signal lights, screen wipers and windshields.
2. Fine of 500,000 Dong against
one of the following acts:
a/ To drive an automobile into
the opposite direction of a two-way road, a road banned to some kinds of
vehicle;
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c/ Refusing to let another
vehicle overtake and pass even if it has signaled to ask permission to do so,
or refusing to make way for another vehicle moving on the same main road;
d/ Driving past a bridge, a
ferry or a dangerous road section without complying with the signal light,
signs or other traffic signals, or the guidance of the traffic police or the
personnel of the traffic control service;
e/ Driving a vehicle transporting
earth, sand and other materials or other commodities without the necessary
cover or without the necessary safety measures;
f/ Refusing to carry a victim of
accident for emergency care when riding past the place where the accident takes
place;
g/ To drive an automobile
without brakes, driving at night without the prescribed lights.
3. Fine of 1,000,000 Dong
against one of the following acts:
a/ Refusing to make way for a
priority vehicle;
b/ Using his automobile to push
or haul another vehicle, to pull a boiler casing or a trailer at variance with
prescriptions;
c/ Transporting cumbersome goods
or objects higher, longer and wider than allowed;
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e/ The driver is under or above
the prescribed age;
f/ To refuse to comply with or
to prevent the control and inspection or guidance by the police or the
personnel in the traffic control service when he/she is caught in the act of
violation;
g/ To lend or hire the driving
license.
4. Fine of 2,000,000 Dong
against one of the following acts:
a/ Driving after taking alcohol,
beer or other stimulants with volume percentages higher than allowed;
b/ Practicing driving without the
practice permit or without an instructor sitting beside; the vehicle does not
carry the "practice driving" sign as prescribed; to drive without the
supplementary brakes and the rearview mirror; driving on a public road without
authorization, or outside the prescribed lane or road;
c/ Transporting goods and
objects above the allowed weight.
5. Fine of 2,000,000 Dong
against an offending driver of automobile who resists the person on duty when
forced to stop but not yet liable to be examined for penal liability.
6. Fine of 2,000,000 Dong
against one of the following acts:
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b/ Erasing or fiddling with the
registration certificate, the operating permit and other permits;
c/ To put up a fake name plate,
using a fake driving license, a fake circulation permit, or a fake certificate
of ownership.
7. Fine of 5,000,000 Dong
against one of the following acts:
a/ Causing an accident and
fleeing the scene but not yet liable to be examined for penal liability;
b/ Borrowing or hiring a whole
automobile or some components of another vehicle to avoid control by the
authorized agency.
8. Fine of 10,000,000 Dong
against any act of transporting noxious, inflammable and explosive substances
not in conformity with prescriptions, or to stop or park such a vehicle in a
crowded place.
9. Fine of 20,000,000 Dong
against participants in an unauthorized motor race.
If a participant in a motor race
who resists the person on duty but is not yet liable to be examined for penal
liability, or if he/she is a recidivist, he/she shall be fined 50,000,000 Dong,
have his/her vehicle confiscated and his driving license withdrawn.
10. Apart from cash fine, the
offender as described in this Article shall also be subject to the following sanctions:
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b/ If he/she violates Point c,
Item 4, he/she shall have to immediately reduce the freight and bear all the
cost of this unloading;
c/ If he/she violates Point a,
Item 7, he/she shall have to pay compensation for the damage.
Article
14.- Sanctions against drivers of passenger cars violating traffic order
and safety.
1. Fine of 200,000 Dong against
one of the following acts:
a/ Allowing the passengers to
stay in the car when the car descends on or mounts from a ferry boat;
b/ To take or release passengers
when the car is running, or to do so at the wrong stations or outside the
prescribed places;
c/ Failing to shut the car door
on departure or while the car is running.
2. Fine of 500,000 Dong against
one of the following acts:
a/ Allowing passengers to hang
on the car door, or to sit on the walls and roof of the car;
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c/ Loading goods improperly
which causes the car to lose its balance;
d/ To carry more passengers than
prescribed for each kind of vehicle (except buses).
3. Fine of 1,000,000 Dong
against using trucks to carry passengers without authorization or at variance
with prescriptions.
4. Fine of 2,000,000 Dong
against the transportation of noxious substances or inflammable and explosive
substances.
5. Aside from cash fine, the offending
driver of a passenger car as stipulated in this Article is also subject to the
following sanctions:
a/ If he/she violates Point a,
Point c, Item 1, Item 2, Item 3 and Item 4, he/she shall have to take immediate
remedy measures to ensure traffic safety;
b/ If he/she violates Point d,
Item 2, Item 3 and Item 4, he/she shall have his/her driving license withdrawn
for a period of 90 days.
6. The offending driver of a
passenger car who violates the stipulations of Article 13 of this Decree shall
be penalized under the provisions of this Article.
Article
15.- Sanctions against the drivers of three wheeled vans, the so-called
"cong nong" and "bong sen" primitive vans and other
transport means of similar technical standard who violate traffic order and safety.
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a/ Allowing a passenger to sit
beside the driver;
b/ Having no seats for
passengers;
c/ Allowing passengers to hang
on outside the van;
d/ To load goods on the roof of
the van;
e/ The vehicle is deficient in
headlights, brake lights and signal lights as prescribed.
2. Fine of 500,000 Dong against
the driver of "cong nong" or "bong sen" or other vehicles
of similar technical standard who commits one of the following violations:
a/ Carrying one or several
passengers;
b/The vehicle is deficient in
lights, horn and brakes or these implements have become inoperative.
3. The driver of a three-wheeled
van, a "cong nong" or "bong sen" van or other means of
transport with similar technical standard who violates one of the provisions of
Article 13 and Article 14 of this Decree shall be sanctioned under the
provisions of these Articles.
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1. Fine of 5,000,000 Dong
against one of the following acts:
a/ Driving the vehicle on the
roads or bridges without permit or with expired permits;
b/ Not keeping to the lane and
road and area written in the permit;
c/ Overloading, discharging or
reducing the load or taking other acts aimed at dodging freight control by the
authorized person.
2. Aside from cash fine, the
driver of carterpillar vehicles, oversized and overloaded vehicles who violate
Point a, Point b of this Article shall have his driving license withdrawn for a
period of 90 days; he/she shall have to reduce the load and size of the vehicle
immediately. All the cost arising therefrom including the hire of means to
reduce the load and reduce the size shall be borne by the owner and driver of
the vehicle.
3. The driver of a carterpillar
vehicle, oversized or overloaded vehicle who commits one of the violations
stipulated in Article 13 and Article 14 of this Decree shall be sanctioned
under the provisions of these Articles.
Article
17.- Sanctions against violations of safety technical norms
of automobiles.
1. Fine of 500,000 Dong against
one of the following acts:
a/ Driving a vehicle with tires
that do not conform with the proper size and technical norms;
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2. Fine of 1,000,000 Dong
against any act of altering the shape, size and frame of the vehicle or the
system of brakes and the system of motive transmission and movement which does
not ensure the technical norms.
3. Fine of 3,000,000 Dong
against any act of changing the whole feature of the vehicle or its engine, or
changing the characteristics of the vehicle without the permission of the
authorized agency.
4. Fine of 5,000,000 Dong
against the use of right-hand drive automobiles.
5. Aside from cash fine, the
offender as stipulated in this Article shall also be subjected to the following
sanctions:
a/ If he/she violates Item 3, he/she
shall have the driving license withdrawn for a period of 180 days and have the
circulation permit of his/her vehicle revoked;
b/ If he/she violates Item 4,
his/her vehicle shall be<DC255> confiscated.
Article
18.- Sanctions against the individual or organization that take acts
causing environmental pollution in land traffic and in urban traffic:
1. Fine of 100,000 Dong against
one of the following acts:
a/ Spilling lubricant, mud or
sludge on the roadbed;
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c/ The person who pulls or
pushes a cart or carries loads lets earth, sand, garbage or other waste matters
scatter on the road;
d/ The driver lets his animals
soil the pavement or roadbed in the urban area;
e/ He himself urinates or
defecates on the pavement or roadbed in an urban area;
f/ To throw dead animals or
garbage or other waste matters onto the roadbed of the communication line, on
the pavement or roadbed in an urban area;
g/ To drive dirty vehicles
(carterpillar vehicles, motorcars, three-wheeled vans, "bong sen" or
other vehicles with similar technical standard) into the towns or urban areas.
2. Fine of 500,000 Dong against
the drivers of automobiles, three-wheeled vans, "bong sen" and other
vehicles with similar technical standard who take one of the following acts:
a/ To discharge smoke beyond the
allowed limit, discharge dust and noxious stench into the air, or cause noise
above the allowed level;
b/ To discharge oil, grease and
noxious chemicals onto the communication lines;
c/ To scatter earth, sand,
garbage and other waste matters onto the communication lines.
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Article
19.- Sanctions against individuals or organizations committing other
violations against traffic order and safety on land roads and in urban areas:
1. Warning or fine of 20,000
Dong against pedestrians who do not keep to the part of the road reserved for
them or who do not comply with the traffic lights, signs and other signals, or
the guidance of the traffic police or the personnel of the traffic control
service.
2. Fine of 50,000 Dong against
one of the following acts:
a/ To let buffaloes, oxen, cows
and horses and other animals range freely on the communication lines;
b/ Riding on the back of
buffaloes, oxen, cows, asses, horses or other animals and roaming in the
cities, towns and other places banned to animals.
3. Fine of 100,000 Dong against
one of the following acts:
a/ To throw brick, earth, stone
or any other objects on persons or means of transport;
b/ Failing to put up temporary
signs or to warn in time the local administration or the unit directly in charge
of traffic or the traffic police at the nearest place when an unsafe land
communication project is detected.
4. Fine of 200,000 Dong against
all acts of fighting or exhorting others to fight, thus causing disorder on the
street, or on the means of transport, and affecting the order and safety of
land traffic and traffic order and safety in urban areas.
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a/ Placing or scattering spikes
or spiked boards and other Pointed iron things on the communication lines;
b/ To stretch a string or cord
or set up a barrier across the road thus obstructing traffic;
c/ Failing to provide the
necessary means and to take measures to prevent accidents when cutting branches
or felling trees on the roadside;
d/ Taking advantage of a traffic
accident to appropriate the property of others but not yet liable to be
examinated for penal liability;
e/ Devising a trick to cause a
fake accident in order to ask for compensation.
6. Aside from cash fine, the
individual or organization that violates the stipulations in this Article is
also subject to the following sanctions:
a/ If he/she violates Point b,
Item 5, he/she shall have to immediately remove the obstacle on the road;
b/ If he/she violates Point b,
Item 3, Points a, c and d of Item 5 he/she shall have to take measures to
ensure traffic safety.
Chapter
III
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Article
20.- Assignment of authority in handing administrative sanctions.
1. The People's Committee at
various levels has the authority to hand sanctions against violations of
traffic order and safety on land roads and in urban areas within the area under
their jurisdiction;
2. The inspector of land traffic
has the authority to hand sanctions against the violations defined in Articles
4, 5, 6, 7 and 16 of this Decree;
3. The People's Police has the
authority to hand sanctions against all violations of traffic order and safety
on land roads and in urban areas as stipulated in this Decree;
4. If the administrative
sanction comes within the sanctioning authority of many agencies, the sanction
shall be handed by the first agency to take up the case.
Article
21.- Sanctioning authority of the People's Committee at various levels.
1. The President of the People's
Committee at the commune, ward and township has the authority:
a/ To serve a warning;
b/ To fine up to 200,000 Dong;
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d/ To force the offender to pay
compensations for damage up to 500,000 Dong;
e/ To force the offender to take
measures to overcome the consequences of his/her administrative violation.
2. The President of the People's
Committee in a district or town or city under the province has the authority:
a/ To serve a warning;
b/ To fine up to 10,000,000
Dong;
c/ To confiscate evidences of
and means used in the violation;
d/ To force the offender to
restore the initial state which has been altered by the administrative
violation; to force the offender to dismantle the illegally erected
construction;
e/ To force the offender to pay
compensations up to 1,000,000 Dong;
f/ To force the offender to take
measures to overcome the consequences of the administrative violation.
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a/ To serve a warning;
b/ To fine up to 100,000,000
Dong;
c/ To confiscate evidences of and
means used in the violation;
d/ To force the offender to
restore the initial state which has been altered by the administrative
violation; to force the offender to dismantle the illegally erected
construction;
e/ To force the offender to take
measures to overcome the consequences of the administrative violation;
f/ To force the offender to pay
compensations up to 1,000,000 Dong.
Article
22.- Sanctioning authority of the People's Police.
1. A member of the People's
Police on duty has the authority:
a/ To serve a warning;
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2. His/her immediate superior
has the authority:
a/ To serve a warning;
b/ To fine up to 200,000 Dong;
c/ To force the offender to pay
compensations up to 500,000 Dong.
3. The Head of the police in a
commune, ward or township has the right to apply various forms of
administrative sanction as well as measures to overcome the consequences
stipulated at Item 1, Article 21 of this Decree.
4. The Head of the police at the
district, town and city level under a province has the authority:
a/ To serve a warning;
b/ To fine up to 2,000,000 Dong;
c/ To withdraw the driving
license and the circulation permit of the vehicle;
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e/ To force the offender to
restore the initial state which has been altered by the administrative
violation; to force the offender to dismantle the illegally erected
construction;
f/ To force the offender to take
measures to overcome the pollution of the living environment or the spread of
epidemics caused by the administrative violation;
g/ To force the offender to pay
compensations up to 1,000,000 Dong for the damage caused by the administrative
violation .
5. The Head of the traffic and
order police at the provincial level, the Head of the special force unit, the
mobile police unit at company and equivalent level and higher has the same
sanctioning authority as the Head of the district police.
6. The Head of the Traffic and
Order Police Department has the authority:
a/ To serve a warning;
b/ To fine up to 20,000,000
Dong;
c/ To apply additional forms of
sanction and measures to overcome the consequences as stipulated in Item 4,
Article 22 of this Decree.
7. The Director of the Police
Service at the provincial level has the authority:
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b/ To fine up to 20,000,000
Dong;
c/ To apply additional forms of
sanction and measures to overcome the consequences as stipulated in Item 4
Article 22 of this Decree.
Article
23.- Sanctioning authority of the Traffic Inspector.
1. A traffic inspector of the
Traffic Committee or Team has the authority:
a/ To serve a warning;
b/ To fine up to 200,000 Dong;
c/ To confiscate evidences of
and means used in the violation valued up to 500,000 Dong;
d/ To force the offender to
restore the initial state which has been altered by the administrative
violation; to force the offender to dismantle the illegally erected
construction;
e/ To force the offender to take
measures to ensure traffic safety.
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a/ To serve a warning;
b/ To fine up to 10,000,000 Dong
against one of the violations stipulated in this Decree;
c/ To force the offender to pay
compensations up to 1,000,000 Dong for the damage caused by the administrative
violation;
d/ To apply additional forms of
sanction and measures to overcome the consequences as stipulated in Item 1,
Article 23 of this Decree.
Article
24.- Payment and collection of fines.
An individual or organization
that commits an administrative violation against traffic order and safety on
land roads and in urban areas and that is fined, shall pay the fine at the
prescribed place. If he/she evades the payment or deliberately delays the
payment, he/she shall be forced to pay an additional fine as prescribed by law.
All acts of collection of fine
on the spot are strictly prohibited.
Article
25.- Order and procedures of handing the sanctions.
The order and procedures of
handing the sanction must comply with the provisions of the Ordinance on the
Handling of Administrative Violations.
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1. An individual or organization
that is sanctioned for an administrative violation but that does not willingly
implement the decision, shall be forced to do so through the following
measures:
a/ Deduction of part of his/her
wage or income, deduction from his/her bank accounts;
b/ Confiscation of part of
his/her property having a value equivalent to the fine for auctioning;
c/ Application of other forcible
measures to ensure execution of the decision on sanction.
2. The person with authority to
hand the sanction is entitled to issue a decision of forcible implementation,
and has the duty to organize its enforcement.
3. The People's Police has the
responsibility to carry out the decision of the People's Committee of the same
level on forcible implementation, and to coordinate with other State agencies
in organizing the execution of the decision on forcible implementation by this
agency when required.
Article
27.- Complaints and denunciations.
1. An individual or organization
subject to administrative sanction or their legal representative is entitled to
file a complaint against this decision as stipulated in Article 88 of the
Ordinance on Handling of Administrative Violations.
2. All citizens have the right
to denounce to the authorized State agencies the administrative violations by any
individual or organization and the violations by the persons having the
authority to hand administrative sanctions.
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IMPLEMENTATION PROVISIONS
Article
28.- This Decree takes effect from the 1st of August 1995; the provisions
of this Decree replace the regulations issued earlier by the Government
concerning the administrative sanctions in the domain of traffic order and
safety on land roads and in urban areas.
Article
29.- The Minister of the Interior, the Minister of Communications and
Transport, the Minister of Finance shall, within the scope of their functions
and tasks, have to provide detailed guidance and to organize the implementation
of this Decree.
Article
30.- The Ministers, the Heads of ministerial-level agencies, the Heads of
the agencies attached to the Government and the Presidents of the People's
Committees in the provinces and cities directly under the Central Government
shall have to implement this Decree.
ON
BEHALF OF THE GOVERNMENT
THE PRIME MINISTER
Vo Van Kiet
APPENDIX
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I. LIST OF MEMBER UNITS OF
THE VIETNAM POST AND TELECOMMUNICATIONS CORPORATION
(at the time of the
establishment of the Corporation)
A. STATE-OWNED ENTERPRISES WITH
INDEPENDENT ACCOUNTING:
01. The Postal Equipment
Factory,
02. The Postal Materials
Factory,
03. Communications Equipment
Manufacturing Enterprise No.1,
04. Communications Equipment
Manufacturing Enterprise No.2,
05. The Telecommunications Cable
and Materials Factory,
06. The Postal Printing Factory,
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08. The Postal Building
Materials Company, (1)
09. The Telephone Equipment
Company,
10. The Postal Design Company,
11. The Postal Project Company,
12. The Postal Construction
Company,
13. Postal Materials Company 1,
(2)
14. Postal Materials Company 2,
(3)
15. The Stamp Company,
16. The Mobile Communications
Company,
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B. UNITS WITH DEPENDENT
ACCOUNTING:
01. The International
Telecommunications Company,
02. The Interprovincial
Telecommunications Company,
03. The International and
Interprovincial Postal Company,
04. The Computer and
Data-Transmission Company,
05. The Central Press
Distribution Company,
06. The Central Postal
Department,
07. The Hanoi Post and
Telecommunications,
08. The Hai Phong Post and
Telecommunications,
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10. The Post and
Telecommunications of An Giang Province,
11. The Post and Telecommunications
of Ba Ria - Vung Tau Province,
12. The Post and
Telecommunications of Bac Thai Province,
13. The Post and
Telecommunications of Ben Tre Province,
14. The Post and
Telecommunications of Binh Dinh Province,
15. The Post and Telecommunications
of Binh Thuan Province,
16. The Post and
Telecommunications of Can Tho Province,
17. The Post and
Telecommunications of Cao Bang Province,
18. The Post and
Telecommunications of Darlac Province,
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20. The Post and
Telecommunications of Dong Thap Province,
21. The Post and
Telecommunications of Gia Lai Province,
22. The Post and
Telecommunications of Ha Bac Province,
23. The Post and
Telecommunications of Ha Giang Province,
24. The Post and
Telecommunications of Ha Tay Province,
25. The Post and
Telecommunications of Ha Tinh Province,
26. The Post and
Telecommunications of Hai Hung Province,
27. The Post and
Telecommunications of Hoa Binh Province,
28. The Post and
Telecommunications of Khanh Hoa Province,
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30. The Post and
Telecommunications of Kon Tum Province,
31. The Post and
Telecommunications of Lai Chau Province,
32. The Post and
Telecommunications of Lam Dong Province,
33. The Post and
Telecommunications of Lang Son Province,
34. The Post and
Telecommunications of Lao Cai Province,
35. The Post and
Telecommunications of Long An Province,
36. The Post and
Telecommunications of Minh Hai Province,
37. The Post and Telecommunications
of Nam Ha Province,
38. The Post and
Telecommunications of Nghe An Province,
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40. The Post and
Telecommunications of Ninh Thuan Province,
41. The Post and Telecommunications
Service of Phu Yen Province,
42. The Post and
Telecommunications of Quang Binh Province,
43. The Post and
Telecommunications of Quang Nam - Da Nang Province,
44. The Post and
Telecommunications of Quang Ngai Province,
45. The Post and Telecommunications
of Quang Ninh Province,
46. The Post and
Telecommunications Service of Quang Tri Province,
47. The Post and
Telecommunications of Soc Trang Province,
48. The Post and
Telecommunications of Song Be Province,
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50. The Post and
Telecommunications of Tay Ninh Province,
51. The Post and
Telecommunications of Thai Binh Province,
52. The Post and
Telecommunications of Thanh Hoa Province,
53. The Post and
Telecommunications of Thua Thien - Hue Province,
54. The Post and
Telecommunications of Tien Giang Province,
55. The Post and
Telecommunications of Tra Vinh Province,
56. The Post and
Telecommunications of Tuyen Quang Province,
57. The Post and
Telecommunications of Vinh Long Province,
58. The Post and
Telecommunications of Vinh Phu Province,
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C. NON - BUSINESS UNITS:
01. The Postal Science and
Technology Institute,
02. The Postal Economy
Institute,
03. The Postal Information
Center,
04. Post and Telecommunications
Training Center I,
05. Post and Telecommunications
Training Center II,
06. Postal Workers' School I,
07. Postal Workers' School II,
08. The Postal Workers' School
for Mountainous Areas,
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10. Post Sanitorium I,
11. Post Sanitorium II,
12. The Post Medical Insurance.
II. LIST OF JOINT VENTURE
UNITS WITH ITAL CONTRIBUTION FROM THE VIETNAM POST AND TELECOMMUNICATIONS
CORPORATION
(at the time of the
establishment of the Corporation)
1. The Cable Company VINADESUNG
(international transaction name: VINADESUNG),
2. The Acatel Network Systems
Vietnam (international transaction name: ANSV),
3. The Switchboard Equipment
Joint Venture Company (the international transaction name: VKX Ltd.),
4. The Fiber Optic Cable
Production Joint Venture Company VINA-GSC (international transaction name:
VINA-GSC),
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6. The Telecommunications
Equipment Limited (international transaction name: TELEQ).
Footnotes:
(1) The previous name was the
Concrete and Postal Construction Factory.
(2) The previous name was the
Postal Material Export-Import Service Company.
(3) The previous name was the
Postal Materials Company of Region 2.-