|
THE
NATIONAL ASSEMBLY
-----------
|
SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
----------
|
|
No.
23/2008/QH12
|
Hanoi,
November 13, 2008
|
LAW
ON ROAD TRAFFIC
Pursuant to the 1992 Constitution
of the Socialist Republic of Vietnam, which was amended and supplemented under
Resolution No. 51/2001/QH10;
The National Assembly promulgates the Law on Road Traffic,
Chapter I.
GENERAL PROVISIONS
Article 1.
Scope of regulation
This Law prescribes road traffic
rules; road infrastructure facilities, vehicles in traffic and road users, road
transportation and state management of road traffic.
Article 2.
Subjects of application
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 3.
Interpretation of terms
In this Law, the terms below are
construed as follows:
1. Roads include roads, land
bridges, tunnels and ferry landing stages.
2. Road works include roads,
standing and parking places on roads, traffic light signals, road signs, road
markings, marker posts, fences, traffic islands, median strips, milestones,
walls, embankments, water drainage systems, vehicle mass inspection stations,
toll stations and other support road works and equipment.
3. Road infrastructure
facilities include road works, car terminals, parking lots, roadside service
stations and other support works along the roads to serve traffic, and road
safety corridors.
4. Road land means a land
area on which road works are constructed and land areas along both sides of a
road for road work management, maintenance and protection.
5. Road safely corridor
means land strips along both sides of the road land, measuring from the outer
edge of the road land outwards, to ensure road traffic safety.
6. Carriageway means the
part of a road used by vehicular traffic.
7. Lane means a divided
longitudinal strip of the carriageway which is wide enough for safe vehicular
traffic.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
9. Street means a road
inside an urban area, which includes road bed and pavement.
10. Median strip is a
part of a road that divides the road surface for the two opposite directions of
traffic or divides the road sections for motor vehicles and rudimentary
vehicles. Median strips are classified into fixed and mobile types.
11. Level crossing (below
referred to as intersection) means any crossroad between two or more roads on
the same level, including the open area formed by such intersection.
12. Expressway mean a
road reserved only for motor vehicles, with median strips separating
carriageways for the two opposite directions of traffic, without crossing at
level with any road, furnished with adequate support equipment and devices to
ensure uninterrupted and safe traffic, shorten travel time, and with certain
points for vehicle exits and entries.
13. Main road means a
road ensuring major traffic in an area.
14. Feeder road means a
road connected to a main road.
15. Priority road means a
road vehicles moving on which are given way by those approaching from other
directions when passing intersections, and which is signposted as priority
road.
16. Collector road means
a road that links the system of internal roads of an urban center, an
industrial park, an economic zone, a trade-service center and other roads to a
main road or a feeder road before connecting to a main road
17. Road vehicle means a
road motor vehicle or a road rudimentary vehicle.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
19. Road rudimentary vehicle (below
referred to as rudimentary vehicle) means bicycle (including motor bicycle),
pedicab, vehicle for the disabled, animal-drawn cart and the like.
20. Special-use vehicle means
construction vehicle, farm vehicle, forestry vehicle and other special-use
vehicles used for defense and security purposes, which joins in road traffic.
21. Vehicle joining in road
traffic means road vehicle or special-use vehicle.
22. Road user means
operator or user of a vehicle joining in road traffic; person guiding or
driving animals and pedestrian walking on the road.
23. Operator means
operator of a motor vehicle, rudimentary vehicle or special-use vehicle joining
in road traffic.
24. Driver means operator
of a motor vehicle.
25. Person directing traffic
means traffic police or person tasked to direct traffic at a place where road
construction is underway, or traffic is congested, at a ferry landing stage and
at a road bridge with a railroad track.
26. Passenger means
person carried onboard a road passenger vehicle for which he/she has to pay a
charge.
27. Luggage means
articles a passenger carries along onboard a vehicle or consigned onboard
another vehicle.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
29. Dangerous cargo means
cargo containing a dangerous substance which, when carried by road, may cause
harm to human life, health, the environment, safety and national security.
30. Road transportation
means activities of using a road vehicle to carry people and cargoes by road.
31. Carrier means an
organization or individual using a road vehicle to carry out road
transportation activities.
32. Road administration
agency means a specialized state management agency under the Ministry of
Transport; specialized agencies of People’s Committees of provinces and
centrally run cities (below collectively referred to as provincial level),
People’s Committees of districts, towns and provincial cities (below
collectively referred to as district level) and People’s Committees of communes
and townships (below collectively referred to as commune level).
Article 4.
Road traffic principles
1. Road traffic must be
uninterrupted, orderly, sale and effective, contributes to socio-economic
development, defense and security assurance and environmental protection.
2. Road traffic shall be
developed according to planning towards modernization and synchronism;
transportation by road shall be combined with other modes of transportation.
3. Road traffic administration
shall be implemented uniformly on the basis of assignment and decentralization
of specific responsibilities and powers and close coordination among
ministries, branches and local administrations at all levels.
4. Ensuring road traffic order
and safety is the responsibility of agencies, organizations and individuals.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
6. All acts of violating the
road traffic law shall be detected and prevented in time and handled in a strict
and lawful manner.
Article 5.
Policies on road traffic development
1. The State concentrates
resources on developing road traffic, prioritizing investment in developing
road traffic infrastructure facilities in key economic regions, cities,
mountainous, deep-lying, remote, border, island and ethnic minority regions;
and adopts policies to mobilize resources for road administration and
maintenance.
2. The State adopts the policy
of prioritizing the development of mass transit and restricting the use of personal
vehicles in cities.
3. The State encourages and
creates conditions for Vietnamese and foreign organizations and individuals to
invest in and commercially operate road infrastructure facilities and road
transportation activities, and conduct research, apply scientific and
technological advances and train human resources in the field of road traffic.
Article 6.
Road traffic and transportation planning
1. The road traffic and
transport planning is a specialized planning, including planning on infrastructure
and planning on means of transport and road transportation.
2. The road traffic and
transportation planning shall be formulated on the basis of the socio-economic
development strategy, defense and security assurance and international
integration, and in conformity with the sector’s planning and close association
with other specialized transport plannings.
3. Each road traffic and
transportation planning shall be elaborated for at least 10 years, setting
development orientations for at least 10 subsequent years; and may be adjusted
to take into account the socio-economic development in each period. Such
adjustment must perpetuate the previous approved plannings.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
4. The road traffic and
transportation planning must clearly identify development objectives, viewpoints,
nature and scope; land use needs, funding needs, funding sources and human
resources, and lists of projects and priority projects; evaluate its impacts;
and identify mechanisms, policies and solutions for its implementation.
5. The Ministry of Transport
shall formulate national, inter-regional and regional road traffic and
transportation plannings and plannings on national highways and expressways,
collect opinions of concerned ministries, ministerial-level agencies and
provincial-level People’s Committees on these plannings before submitting them
to the Prime Minister for approval.
6. Provincial-level People’s
Committees shall formulate and submit to the People’s Councils of the same
level for decision plannings on road traffic and transportation under local
management. Before submitting them to the People’s Councils of the same level
for decision, they shall obtain opinions of the Ministry of Transport.
For centrally run cities of
special grade, their People’s Committees shall formulate road traffic and
transportation plannings and submit them to the People’s Councils of the same
level for adoption and obtain opinions of the Ministry of Transport and the
Ministry of Construction before submitting them to the Prime Minister for
approval.
7. Plannings on other technical
infrastructure works must be compliant and synchronous with plannings on road
infrastructure facilities.
8. The State ensures state
budget funds and adopts policies to mobilize other funding sources for road
traffic and transportation planning work.
Article 7.
Road traffic law propagation, dissemination and education
1. Information and propaganda
agencies shall regularly organize road traffic law propagation and
dissemination among the entire population.
2. People’s Committees at all levels
shall, within the scope of their tasks and powers, organize road traffic law
propaganda, dissemination and education in their localities and apply forms of
propaganda and dissemination suitable to ethnic minority people.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
4. Vietnam Fatherland Front and
its member organizations shall coordinate with concerned agencies and local
administrations in propagating and mobilizing the people to observe the road
traffic law.
5. Agencies and organizations
shall organize road traffic law propagation and dissemination among officials,
soldiers, civil servants, public employees and other laborers under their
management.
Family members shall propagate,
educate and remind other members to observe the road traffic law.
Article 8.
Prohibited acts
1. Destroying roads, road
bridges, tunnels and ferry landing stages, light signals, marker posts, signs,
dome mirrors, median strips, water drainage systems and other works and
equipment of road traffic infrastructure.
2. Illegally digging, drilling
and cutting roads; illegally placing or erecting hurdles on roads; placing and
spreading pointed objects, pouring lubricants on roads; illegally leaving
materials, wastes and garbage on roads; illegally opening passages and linking
to main roads; illegally encroaching, occupying or using land of roads and road
safety corridors; opening manhole covers without permission, illegally
dismantling, removing or falsifying road works.
3. Illegally using roadbeds,
roadsides and pavements.
4. Putting motor vehicles and
special-use machines which fail to satisfy technical safety and environmental
protection criteria into operation on roads.
5. Changing the chassis,
components and accessories of motor vehicles in order to temporarily achieve
their technical criteria before taking them for inspection.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
7. Operating a road motor
vehicle while there is narcotic in the operator’s body.
8. Operating an automobile,
tractor or special-use vehicle on the road while there is a concentration of
alcohol in the operator’s blood or breath.
Operating a motorcycle or moped
while there is a concentration of alcohol of over 50 milligrams per 100
milliliters of blood or 0.25 milligrams per 1 litter of breathed air.
9. Operating a motor vehicle
without a driver license as prescribed.
Operating a special-use vehicle
on the road without a certificate of training in knowledge about the road
traffic law, a license or certificate of operation of special-use vehicle.
10. Assigning one’s motor
vehicle or special-use vehicle to another person ineligible for operating
vehicles in road traffic.
11. Operating a motor vehicle at
a speed beyond the prescribed speed limit, recklessly passing or overtaking.
12. Honking and opening the
throttle continuously; honking during the time from 22:00 hrs to 05:00 hrs,
blowing the hoot, using driving lamps in urban and populous areas, except for
priority vehicles moving on duty as provided for by this Law.
13. Fitting and using the horn
and lamps at variance with the manufacturer design for each type of motor
vehicles; using audible devices badly affecting traffic order and safety and
public order.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
15. Threatening, offending and
fighting over passengers; compelling passengers to use services against their
will; employing transshipment, disembarking passengers or committing other acts
to evade detection of the carriage of cargoes or passengers in excess of
prescribed limits.
16. Conducting commercial
transportation by car when failing to meet all business conditions as
prescribed.
17. Absconding after causing
accidents in order to shirk responsibility.
18. Deliberately refusing to
rescue victims of traffic accidents when having conditions to do so.
19. Infringing upon the lives,
health and property of traffic accident victims and causers.
20. Taking advantage of traffic
accidents to assault, intimidate, incite, pressure, foment disorder or obstruct
the handling of traffic accidents.
21. Abusing one’s position,
power or profession to breach the road traffic law.
22. Illegally manufacturing,
using or buying or selling number plates of motor vehicles and special-use
vehicles.
23. Acts of breaching road
traffic rules and other acts endangering road users and vehicles in road
traffic.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
ROAD TRAFFIC RULES
Article 9.
General rules
1. Road users shall keep to the
right in their travel direction, move on the prescribed lane or road section
and obey the road signal system.
2. The driver and persons
sitting on the front seats of a car equipped with safety belts shall wear the
safety belts.
Article 10.
Road signal system
1. The road signal system
includes instructions given by persons directing traffic; traffic light
signals, road signs, road markings, marker posts or protection walls and
barriers.
2. Instructions given by persons
directing traffic:
a/ Arm raised upright
constitutes a signal that road users approaching from any direction must stop;
b/ One or two arms outstretched
horizontally constitutes a signal that road users in front of or behind the
person directing traffic must stop while road users on the right and the left
of the person directing traffic may proceed;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
3. The traffic light signals are
in three colors, each having the following meaning:
a/ A green light means proceed;
b/ A red light means stop;
c/ An amber light means stop
behind the stop line, except for road users who have passed the stop line and
may keep moving; in case of a flashing amber light signal, road users may
proceed but shall slow down and give way to pedestrians;
4. Road signs are divided into 5
groups, with the meaning of each group as follows:
a/ Prohibitive signs indicate
prohibitions;
b/ Danger warning signs warn
dangerous circumstances likely to occur;
c/ Mandatory signs indicate instructions
to be obeyed;
d/ Direction signs indicate
traffic directions or necessary information;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
5. Road markings indicate the
division of lanes, travel positions or directions, stop positions.
6. Marker posts or protection
walls are erected at the edge of dangerous road sections to notify road users
of the safety scope of the road foundation and of the road direction.
7. Barriers are erected at
places where roads are narrowed, at bridge heads, sluice heads, no-entry roads,
dead-end roads not open to vehicles and pedestrians, or at places where traffic
should be controlled and supervised.
8. The Minister of Transport
shall issue specific regulations on road signs.
Article 11.
Compliance with road signals
1. Road users shall comply with
instructions and indications of the road signal system.
2. When there are persons
directing traffic, road users shall comply with their instructions.
3. Where there exist both a
fixed sign and a temporary sign, road users shall comply with the instruction
conveyed by the temporary sign.
4. At pedestrian crossings,
operators shall observe, slow down and give way to pedestrians and wheelchairs
of the disabled to cross the road.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 12.
Speed and distance between vehicles
1. Drivers and operators of
special-use vehicles shall comply with regulations on the speed limits of
vehicles moving on the roads and keep at a safe distance from a vehicle moving
ahead; at places where there is a sign indicating the “minimum distance between
two vehicles”, they shall keep at a distance not shorter than that indicated.
2. The Minister of Transport
shall issue regulations on the speed limits of vehicles and the placement of
speed limit signs; and organize the placement of speed limit signs along
national highways.
3. Provincial-level People’s
Committee presidents shall organize the placement of speed limits signs along
locally managed roads.
Article 13.
Use of lanes
1. On a road with many lanes in
the same direction of traffic, distinguished from one another by the
lane-dividing markings, operators shall keep their vehicles on one lane and may
only change lanes at places where it is so permitted; when changing lane, they
shall give signals indicating their intention and ensure safety.
2. On a one-way road with a
lane-dividing marking, rudimentary vehicles shall keep to the right lane close
to the edge of the road while motor vehicles and special-use vehicles move on
the left lane.
3. Vehicles moving on the road
at a lower speed shall keep to the right.
Article 14.
Overtaking
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2. The overtaking vehicle may
overtake only where there is no obstacle ahead, no oncoming vehicle in the road
section intended for overtaking and the vehicle ahead has not given a signal to
overtake another and has moved toward the right side.
3. When there is a vehicle
intending to overtake, if safety can be assured, the operator of the vehicle
ahead shall slow down, move close to the right of the carriageway till the
following vehicle has passed and may not cause obstructions to the overtaking
vehicle.
4. When overtaking, a vehicle
shall do so on the left side, except for the following cases where it can
overtake on the right side:
a/ When the vehicle ahead has
given a signal to turn left or is turning left;
b/ When a tram is running in the
middle of the road;
c/ When a special-use vehicle is
operating on the road, making overtaking on the left impossible.
5. Overtaking is forbidden in
the following cases:
a/ The conditions prescribed in
Clause 2 of this Article are not met;
b/ There is only a single line
of vehicular traffic on a narrow bridge;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
d/ At an intersection or a level
crossing between a road and a railroad track;
e/ When weather conditions or
road conditions do not ensure safe overtaking;
f/ A priority vehicle is
emitting a priority signal.
Article 15.
Change of direction
1. When wishing to change
direction, the operator shall slow down and give a signal of the turning
direction.
2. While changing direction, the
driver or operator of a special-use vehicle shall allow pedestrians and bicycle
riders moving on the road sections reserved for them to pass, give way to
oncoming vehicles and shall change direction only when seeing that his/her vehicle
does not obstruct or endanger people and other vehicles.
3. In residential areas, the
driver may make U-turns only at intersections and places with a sign permitting
U-turns.
4. It is prohibited to make
U-turns at road sections reserved for pedestrians to cross, on bridges, at
bridge heads, under flyovers, at undergrounds, in road tunnels, on expressways,
at level crossings between a road and a railroad track, on narrow roads, steep
roads or on bends with insufficient visibility.
Article 16.
Reversing
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2. It is forbidden to reverse in
areas where reversing is prohibited, on road sections reserved for pedestrians to
cross, at intersections or level crossings between a road and a railroad track,
at places with insufficient visibility, in road tunnels or on expressways.
Article 17.
Passing of oncoming traffic
1. On a road which is not
divided into two separate directions of traffic, when passing an oncoming
vehicle, the operator shall slow down and move to the right along his/her
direction of traffic.
2. Cases of giving way when
passing an oncoming vehicle:
a/ At a narrow road section
which permits only one vehicle to move and where a lay-by is available, the
vehicle which is closer to the lay-by shall pull in to the lay-by, allowing the
other vehicle to pass;
b/ The vehicle moving downhill
shall allow the vehicle moving uphill to pass;
c/ The vehicle facing an obstruction
ahead shall allow the other vehicle to pass.
3. When passing each other, two
motor vehicles moving in the opposite directions may not use the driving lamp.
Article 18.
Standing and parking on roads
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2. Parked vehicle is a vehicle
that is stationary for an unlimited time.
3. When standing or parking
his/her vehicle on a road, the operator shall comply with the following
provisions:
a/ To give a signal to operators
of other vehicles;
b/ To stand or park his/her
vehicle at places with large roadsides or on land plots outside the
carriageway; where the roadside is narrow or not available, to stand or park the
vehicle close to the right edge of the carriage along the direction of traffic;
c/ Where a car stop or a parking
lot has been built or designated, to stand or park the vehicle at such place;
d/ After parking the vehicle, the
operator may leave the vehicle only after taking safety measures, if the parked
vehicle occupies part of the carriageway, the operator shall place danger
warning signs in front of and behind the vehicle for the operators of other
vehicles to notice;
e/ Not to open the door of the
vehicle or leave it open or alight from the vehicle when safety conditions are
not assured;
f/ When standing the vehicle,
not to shut down the engine and leave the driving seat;
g/ The vehicle parked on a steep
road must have its wheels chocked.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
a/ On the left side of one-way
carriages;
b/ On bends and close the crests
of slopes with insufficient visibility;
c/ On bridges, under flyovers;
d/ In parallel with another
standing or parked vehicle;
e/ On pedestrian crossings;
f/ At an intersections and
within 5 meters from the edge of the intersection;
g/ At bus stops;
h/ In front of and within 5
meters from both sides of the entrances of offices of agencies or organizations;
i/ At road sections wide enough
for only line of traffic;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
k/ At places where the vehicle
would conceal road signs.
Article 19.
Standing and parking on streets
When standing or parking his/her
vehicle on street, the operator shall comply with the provisions of Article 18
of this Law and the following provisions:
1. To stand or park the vehicle
close to the right kerb or pavement of the street along the direction of
traffic, with the distance between the nearest wheel and the kerb or pavement
not exceeding 0.25 m and without obstructing or endangering traffic. In narrow
streets, to stand or park the vehicle at positions at least 20 meters away from
the vehicle parked on the other side.
2. Not to stand or park the
vehicle on tramways, on manholes of water drainage sewers, or openings of
telephone or high-voltage electricity trenches or places exclusively reserved
for fire engines to get water. Not to leave the vehicle on roadbed or pavement
in contravention of regulations.
Article 20.
Loading of cargoes on vehicles
1. Cargoes loaded on a vehicle
must be neatly arranged and firmly fastened, must not fall on to the road, and
must not be trailed on the road and affect the driving of the vehicle.
2. Loaded cargoes projecting
beyond the front or rear of the vehicle must be marked with a red flag by
daytime or a red light at night or when it is dark.
3. The Minister of Transport
shall issue specific regulations on the loading of cargoes on road vehicles.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
1. Persons may only be carried
on cargo vehicles in the following cases:
a/ Carrying persons to perform
natural disaster prevention and combat tasks or urgent tasks; carrying people’s
armed force officers and soldiers to perform their duties; carrying victims to
hospital;
b/ Carrying road maintenance and
repair workers; carrying learner drivers on driving practice cars; carrying
persons forming a procession;
c/ Evacuating persons out of
dangerous areas or in other cases of emergency as prescribed by law.
2. Vehicles carrying persons in
the cases specified in Clause 1 of this Article must have a fixed trunk,
ensuring traffic safety.
Article 22.
Priority rights of a number of vehicles
1. The following vehicles have the
priority right to go before other vehicles when passing intersections from any
direction of traffic in the following order:
a/ Fire engines traveling on
duty;
b/ Military vehicles and police
vehicles on urgent duty; motorcades led by police cars;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
d/ Dike-watch vehicles, vehicles
employed in overcoming natural disasters or epidemics or in a state of
emergency as prescribed by law;
e/ Funeral vehicle processions.
2. Vehicles specified at Points
a, b, c and d of Clause 1, this Article, when traveling on duty, shall give
signals by means of horn, banner and light according to regulations; are not
restricted in speed; may enter one-way roads from the opposite direction and
other roads open to traffic, even go through the red light, and must only
follow the instructions of persons directing traffic.
The Government shall issue
specific regulations on signals of priority vehicles.
3. When recognizing the signals
of priority vehicles, road users shall promptly slow down, give way or pull in to
the right edge of the carriageway to give way. They may not obstruct priority
vehicles.
Article 23.
Crossing by ferry boat and pontoon bridge
1. When reaching a ferry landing
stage or pontoon bridge, vehicles must line up at the prescribed place without
obstructing traffic.
2. When a vehicle embarks, is on
board and disembarks a ferry boat, all passengers shall alight from the
vehicle, except operators of motor vehicles or special-use vehicles, sick
people, old people and disabled people.
3. Motor vehicles and
special-use vehicles will be the first to embark a ferry boat, followed by
rudimentary vehicles and people; when disembarking a ferry boat, people will
come up first, then vehicles under the guidance of persons directing traffic.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
a/ Priority vehicles specified
in Clause 1, Article 22 of this Law;
b/ Mail vans;
c/ Fresh and raw foodstuff
trucks;
d/ Public passenger cars.
When many priority vehicles of
the same kind concurrently arrive at a ferry landing stage or pontoon bridge,
the vehicle which arrives first is entitled to cross first.
Article 24.
Giving way at intersections
When approaching an
intersection, the operator of a vehicle shall slow down and give way according
to the following provisions:
1. At an intersection without
signals to move around the roundabout, to give way to vehicles approaching from
the right;
2. At an intersection with
signals to move around the roundabout, to give way to vehicles approaching from
the left;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 25.
Traveling on level-crossings between roads and railroad tracks or bridges with
railroad tracks
1. At a level crossing between a
road and a railroad track or a bridge with a railroad track, the rail-borne
vehicle has the priority right to go first.
2. At a level crossing between a
road and a railroad track which is equipped with light signals, barriers and
signaling bell, when the red light is on, signaling bell ringing or the
barriers moving or closed, road users shall stop on their road section at a
safe distance from the barriers; they may cross only when the red light is off,
the barriers are fully opened and the signaling bell stops ringing.
3. At a level crossing between a
road and a railroad track which is equipped with light signals or signaling
bell only, when the red light is on or signaling bell ringing, road users shall
stop at a distance of at least 5 meters from the nearest track; they may cross
only when the red light is off or the signaling bell stops ringing.
4. At a level crossing between a
road and a railroad track which is equipped with no light signals, barriers and
signaling bell, road users shall look both sides and cross only if they
ascertain that no rail-borne vehicle is approaching; if seeing that a
rail-borne vehicle is approaching, they shall stop at a distance of at least 5
meters from the nearest track and may cross only when the rail-borne vehicle
has passed.
5. When a vehicle breaks down
right at a level crossing between a road and a railroad track or within the
railroad safety area, its operator shall by all fastest ways place signals on
the railroad track at least 500 meters on the both sides of the vehicle in
order to warn the operators of rail-borne vehicles and seek ways to report such
to the nearest railroad or station manager, and at the same time take every
measure to move the vehicle off the railroad safety area as soon as possible.
6. Those who are present at the
place where a vehicle breaks down at a level crossing between a road and a
railroad track have the duty to help the operator move the vehicle off the
railroad safety area.
Article 26.
Traffic on expressways
1. Drivers and operators of
special-use vehicles traveling on expressways, apart from complying with
traffic rules provided in this Law, shall also observe the following
provisions:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
b/ When exiting an expressway,
to move gradually to the right lane, if there is a deceleration lane, they
shall enter such lane before leaving the expressway;
c/ Do not move on the
emergency-stop lane or the verge;
d/ Do not move beyond the
maximum speed and below the minimum speed, which are indicated on the road
signs or painted road markings.
2. Drivers or operators of
special-use vehicles shall keep at a safe distance from one another as
indicated on the road signs.
3. To stand or park their
vehicles only at the prescribed places; where they are compelled to stand or
park their vehicles outside the prescribed places, the drivers shall move their
vehicles off the carriageway; if unable to do so, they shall give signals to
the drivers of other vehicles.
4. Pedestrians, rudimentary
vehicles, motorcycles, mopeds and tractors; and special-use vehicles with a
design speed of less than 70 km/h may not enter expressways, except persons,
vehicles and equipment used for expressway administration and maintenance.
Article 27.
Traffic in road tunnels
Operators of vehicles traveling
in road tunnels, apart from complying with traffic rules provided in this Law,
shall also observe the following provisions:
1. Motor vehicles and
special-use vehicles must switch on their lamps and rudimentary vehicles must
switch on their lamps or carry luminous signal devices;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 28.
Load-bearing capacity and size limits of roads
1. Operators shall comply with
regulations on load-bearing capacity and size limits of roads and submit to the
inspection by competent agencies.
2. In special cases, vehicles
which are overloaded or oversized beyond the size limits of roads and
caterpillars which damage road surface may operate on the roads provided that
they obtain permits of road administration agencies and take compulsory
measures to protect roads and ensure traffic safety.
3. The Minister of Transport
shall issue regulations on the load-bearing capacity and size limits of roads,
publicize the load-bearing and size limits of national highways; prescribe the
grant of permits for overloaded and oversized vehicles and road surface-
damaging caterpillars.
4. Provincial-level People’s
Committee presidents shall publicize the load-bearing capacity and size limits
of locally managed roads.
Article 29.
Vehicles pulling vehicles or trailers
1. An automobile may only pull
another automobile or special-use vehicle when the latter cannot move on its
own and must comply with the following provisions:
a/ The pulled automobile must
have an operator and its steering system must still be effective;
b/ The coupling with the pulled
automobile must be secure and safe; if the brake system of the pulled
automobile is no longer effective, the pulling and the pulled automobile must
be coupled by a hard rod;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2. An automobile pulling a
trailer must have its total mass bigger than that of the trailer or must have a
brake system effective for trailers.
3. The following acts are
prohibited:
a/ An automobile pulling a
trailer or semi-trailer coupled with another trailer or automobile;
b/ Carrying people on the pulled
automobile;
c/ Pulling a rudimentary
vehicle, motorcycle or moped.
Article 30.
Operators of and passengers on motorcycles and mopeds
1. The operator of a motorcycle
or moped may carry only one person, except for the following cases in which
carrying two persons at most is permitted:
a/ Carrying sick persons for
emergency medical treatment;
b/ Escorting a person who has
committed an illegal act;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2. The operators and passengers
of motorcycles, three-wheeled motor vehicles or mopeds shall wear safety
helmets, properly fastening their chin straps.
3. Operators of motorcycles,
three-wheeled motor vehicles or mopeds are prohibited from:
a/ Traveling abreast;
b/ Traveling in road sections
reserved for pedestrians and other vehicles;
c/ Using umbrellas, mobile
phones and audible devices, except hearing aids;
d/ Pulling and pushing other
vehicles or objects, and carrying bulky objects;
e/ Operating the vehicle without
holding the handlebars or on one wheel, for two-wheeled vehicles, or on two
wheels, for three-wheeled vehicles;
f/ Other acts badly affecting
traffic order and safety.
4. Passengers of motorcycles,
three-wheeled motor vehicles or mopeds in traffic are prohibited from:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
b/ Using umbrellas;
c/ Clinging to, pulling or
pushing other vehicles;
d/ Standing on the saddle or
pillion, or sitting on the handlebars;
e/ Other acts baldy affecting
traffic order and safety.
Article 31.
Riders of and passengers on bicycles, operators of other rudimentary vehicles
1. Bicycle riders may carry only
one person or two persons including an under-7 child.
Bicycle riders shall comply with
the provisions of Clause 3, Article 30 of this Law; passengers on bicycles
traveling on the roads shall comply with the provisions of Clause 4, Article 30
of this Law.
2. Operators of and passengers
on motor bicycles shall wear safety helmets, properly fastening their chin
straps.
3. Operators of other
rudimentary vehicles may not travel two or more abreast, shall travel on the
lane reserved for rudimentary vehicles, if such lane is available; when
traveling at night, these vehicles must have signals at their front and rear.
Operators of animal-drawn carts shall take measures to ensure public
sanitation.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 32.
Pedestrians
1. Pedestrians shall use
pavements or verges; where pavements and verges are not available, they shall
walk close to the edge of a road.
2. Pedestrians may cross a road at
places where there are light signals, road markings or flyovers or tunnels
reserved for pedestrians, and shall comply with the instructions given by such
lights.
3. At places where light
signals, road markings, flyovers or tunnels reserved for pedestrians are not
available, pedestrians, before crossing a road, shall watch approaching
vehicles, may cross the road when it is safe and shall take responsibility to
ensure safe crossing.
4. Pedestrians may not walk over
the median strip and cling to moving vehicles; if carrying bulky objects, they
shall ensure safety and no obstruction to road users and vehicles in traffic.
5. Children under 7 years, when
crossing an urban street or a road with regular vehicular traffic, must be led
by adults; everyone has the duty to help children under 7 years cross roads.
Article 33.
Disabled, old road-users
1. Disabled persons traveling in
wheel chairs propelled by themselves may travel on pavements and marked
pedestrian crossings.
2. Visually handicapped persons,
when traveling on roads, must be led by other persons or have a device to
signal other persons that they are visually handicapped.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 34.
Persons guiding animals on roads
1. Persons guiding animals on
roads shall keep them close to the edge of the carriageway and ensure road
sanitation; if they need to lead the animals to cross a road, they shall watch
out traffic and may only guide them cross the road when it is safe.
2. It is forbidden to guide
animals go on road sections reserved for motor vehicles.
Article 35.
Other activities on roads
1. The organization of cultural
and sport activities, processions, festivals on roads must comply with the
following provisions:
a/ Agencies or organizations
wishing to use roads for cultural and sport activities, processions or
festivals shall obtain written agreement of competent road administration
agencies on traffic assurance plans before applying for permits to organize
these activities in accordance with law;
b/ When necessary to restrict
traffic on or close a road, the road administration agency shall issue
announcements on traffic directions; agencies or organizations mentioned at
Point a, Clause 1 of this Article shall organize the publication of these
announcements on the mass media and take measures to ensure order and safety
for road users and vehicles in traffic;
c/ The People’s Committees of
localities where cultural sports activities, processions or festivals are
organized shall direct local functional agencies to organize and ensure safe
traffic in areas where these activities are organized.
2. The following acts are
prohibited:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
b/ Illegally gathering people on
roads;
c/ Leaving animals unattended on
roads;
d/ Drying paddy, rice stock and
straw, agricultural products and other objects on roads;
e/ Placing advertisement
billboards on road land;
f/ Installing boards,
advertisement billboards or other equipment distracting road user attention to,
and misleading the meanings of, road signs, or obstructing road users;
g/ Concealing road signs and
traffic light signals;
h/ Using skateboards or
roller-skates or similar equipment on the carriageways;
i/ Other acts obstructing
traffic.
Article 36.
Use of streets and other activities on streets
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2. Other activities on streets
must comply with Clause 1, Article 35 of this Law; in special cases, temporary use
of parts of roadbeds and pavements for other purposes is subject to regulations
of provincial-level People’s Committees and must not affect traffic order and
safety.
3. The following acts are
prohibited:
a/ Acts specified in Clause 2,
Article 35 of this Law;
b/ Dumping garbage or wastes not
at prescribed places;
c/ Illegally building or placing
platforms or stands on streets.
Article 37.
Organization of traffic and direction of traffic
1. Organization of traffic
covers the following contents:
a/ Dividing lanes, flows and
routes and prescribing travel time for people and road vehicles;
b/ Stipulating no-entry road
sections, one-way roads, no-standing, no-parking and no-U-turn places;
installing road signs;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2. Responsibility to organize
traffic:
a/ The Minister of Transport
shall organize traffic on the national highway system;
b/ Provincial-level People’s
Committee presidents shall organize traffic on the road systems under their
management.
3. Traffic police’s
responsibility to direct traffic:
a/ To instruct and direct
traffic on roads; guide or compel road users to observe traffic rules;
b/ Upon the occurrence of
circumstances which cause traffic jams or other urgent requirements to ensure
security and order, to suspend traffic on certain road sections, re-arrange
traffic flows or routes and temporary standing and parking places.
Article 38.
Responsibilities of individuals, agencies and organizations when traffic
accidents occur
1. Operators and persons
directly involved in a traffic accident shall:
a/ Immediately stop their
vehicles; keep unchanged the conditions at the site of the accident; give first
aid to the victims and show up at the request of competent agencies;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
c/ Provide true information on
the accident to competent agencies.
2. Persons present at the place
where an accident occurs have the following responsibilities:
a/ Protect the scene;
b/ Provide timely assistance and
medical treatment to the victims;
c/ Immediately report to the
nearest police office, health agency or People’s Committee;
d/ Protect the victims’
property;
e/ Provide true information on
the accident at the request of competent agencies.
3. Operators of other vehicles,
when passing the places of accidents, have the responsibility to carry the
victims for emergency medical treatment. Priority vehicles and vehicles
carrying persons entitled to diplomatic privileges and immunities are not
compelled to comply with this Clause.
4. Upon receiving a report on an
accident, the police office shall promptly send police officers to the scene to
investigate the accident and collaborate with the road administration and local
People’s Committee to ensure uninterrupted and safe traffic.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
For an accident falling beyond
its ability, the commune-level People’s Committee shall report it to the
higher-level People’s Committee
6. The Ministry of Public
Security shall make statistics, sum up and develop a database on road traffic
accidents and make it accessible to agencies, organizations and individuals in
accordance with law.
Chapter
III.
ROAD INFRASTRUCTURE
FACILITIES
Article 39.
Road classification
1. The road network consists of
six systems, including national highways, provincial roads, district roads,
communal roads, urban roads and special-use roads, which are prescribed as
follows:
a/ National highways are roads
connecting Hanoi capital with provincial-level administrative centers; roads
connecting provincial-level administrative centers of three or more localities;
road connecting an international seaport or airport to international border
gates or major border gates; roads especially important to local or regional
socio-economic development;
b/ Provincial roads are roads
connecting provincial-level administrative centers with administrative centers
of districts or adjacent provinces; roads important to provincial socio-economic
development;
c/ District roads are roads
connecting administrative centers of districts with administrative centers of
communes, commune clusters or adjacent districts; roads important to district
socio-economic development;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
e/ Urban roads are roads within
the administrative boundaries of inner cities;
f/ Special-use roads are roads
exclusively used for the transportation and travel of one or more than one
agency, organization or individual.
2. The competence to classify
and adjust road systems is prescribed below:
a/ The Minister of Transport
shall decide on the national highway system;
b/ Provincial-level People’s Committee
presidents shall decide on systems of provincial roads and urban roads after
reaching agreement with the Ministry of Transport (for provincial roads) or the
Ministry of Transport and the Ministry of Construction (for urban roads);
c/ District-level People’s
Committee presidents shall decide on systems of district roads and commune
roads after obtaining the approval of provincial-level People’s Committee
presidents;
d/ Agencies, organizations and
individuals with special-use roads shall decide on systems of special-use roads
after obtaining written consent of the Minister of Transport, for special-use
roads linking with national highways; written consent of provincial-level
People’s Committee presidents, for special-use roads linking with provincial roads,
urban roads or district roads; or written consent of district-level People’s
Committee presidents, for special-use roads linking with commune roads.
Article 40.
Naming and numbering of roads
1. Roads shall be named or
numbered as follows:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
b/ The names and numbers of
roads forming part of a regional or international road network shall be given
according to agreements between Vietnam and concerned countries. For roads
connected with a regional or international road network, both of their domestic
and regional or international names and numbers can he used.
2. The naming and numbering of
roads shall be decided by agencies with road-classifying competence;
particularly for urban and provincial roads, their naming shall be decided by
provincial-level People’s Councils at the proposal of the People’s Committees
of the same level.
3. The Government shall issue
specific regulations on the naming and numbering of roads.
Article 41.
Road technical standards
1. Roads are technically graded
into expressways and roads of other technical grades.
2. Newly built roads must
satisfy technical standards of their relevant grade; roads currently in use but
not yet graded shall be renovated and upgraded to reach technical standards of
relevant grades; special-use roads must also have their own standards
prescribed by law.
3. Responsibilities of
ministries are defined as follows:
a/ The Ministry of Transport
shall formulate, and guide the implementation of, technical standards of roads
of all grades;
b/ The Ministry of Science and
Technology shall promulgate national technical standards for roads of all
grades.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 42.
Land funds reserved for road infrastructure facilities
1. Land funds for road
infrastructure facilities shall be determined in road infrastructure plannings.
Provincial-level People’s Committees shall determine and manage land funds
reserved for road infrastructure construction projects according to the
approved planning.
2. The proportion of land for
urban traffic to urban construction land must be between 16% and 26%. The
Government shall prescribe specific land proportions suitable to each type of
urban centers.
Article 43.
Land areas reserved for roads
1. A land area reserved for a road
includes the land for such road and the road safety corridor.
2. Within a land area reserved
for a road, it is strictly forbidden to build other works, except for a number
of essential projects which cannot be built outside such area, provided that permission
of competent agencies is obtained, including defense and security works, road
administration and exploitation works, telecommunications and electricity
works, water supply and drainage, petrol, oil and gas pipelines.
3. Within a road safety corridor,
in addition to complying with Clause 2 of this Article, the road safety
corridor land may be temporarily used for agricultural and advertisement
purposes without affecting road work and traffic safety. The erection of
advertisement billboards within the road safety corridor is subject to written
approval of road administration agencies.
4. Current users of
law-recognized land areas within the road safety corridor may continue using
these land areas for already identified purposes without impeding the safe
protection of road works.
If such land use affects the
safe protection of road works, land users and work owners shall take measures
to redress the problem; otherwise the State will recover the land areas and pay
compensations under law.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 44.
Assurance of technical requirements and traffic safety of road works
1. Newly built, upgraded or
renovated road works must ensure technical standards and conditions on traffic
safety for road users and vehicles in traffic, including pedestrians and
disabled people. Urban roads must have pavements, road sections, flyovers and
tunnels and traffic organized for pedestrians and disabled people to travel
safely and conveniently.
2. Road works must be appraised
in terms of traffic safety from the time of project elaboration, designing and
construction and throughout the use process. Investment deciders and investors
shall take into account traffic safety appraisal results for additional
approval of projects.
3. Urban centers, industrial
parks, economic zones, residential areas, commercial and service quarters and
other works must have collector road systems built outside the road safety
corridor; and ensure a distance from national highways as stipulated by the
Government.
4. Road connection is provided
as follows:
a/ Collector roads must be
connected to branch roads, if branch roads are available;
b/ If branch roads or collector
roads are to be directly connected to the main road, their connection points
must be permitted by a competent road state administration agency right at the
stage of project formulation and designing;
c/ The connection of paths from
urban centers, industrial parks, economic zones, residential areas, commercial
and service quarters and other works to roads must comply with regulations of
the Minister of Transport.
5. Along with highway sections
running through residential areas, there must be collector roads to serve
people’s daily-life activities.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
1. Road sign works include:
a/ Traffic light signals:
b/ Signs;
c/ Marker posts, barriers or
protection fences;
d/ Road markings;
e/ Milestones;
f/ Other sign works.
2. Before being put into use,
roads must be fully equipped with road sign works according to the approved
designs.
3. It is prohibited to affix to road
sign works any objects not related to the meanings and purposes of road sign
works.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
1. Investment in the
construction of road infrastructure facilities is investment in the
construction, upgrading and renovation of road infrastructure facilities.
2. Investment in the
construction of road infrastructure facilities must be in line with the road
transportation planning already approved by competent authorities; comply with
the process of investment and construction management and other legal
provisions; and ensure technical standards of different grades of roads,
landscape and environmental protection.
3. Vietnamese and foreign
organizations and individuals may invest in the construction and commercial
operation of road infrastructure facilities in accordance with law.
4. Competent People’s Committees
shall assume the prime responsibility for ground clearance according to land
recovery decisions of competent state agencies and create favorable conditions
for organizations and individuals to invest in the construction and commercial
operation of road infrastructure facilities.
5. Road infrastructure
facilities, once constructed, upgraded or renovated, must be checked by competent
agencies before it can be put into use.
Article 47.
Construction of works on road currently in use
1. The construction of works on
roads currently in use may be carried out only after permits of competent state
agencies are obtained and must be in line with such permits and the law on
construction.
2. In the course of
construction, construction units shall put up signs and temporary fences at
construction sites and take measures to ensure uninterrupted and safe traffic.
3. The construction or works on
urban roads must comply with the provisions of Clauses 1 and 2 of this Article
and the following provisions:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
b/ There must be construction
plans and schedules suitable to the characteristics of each street to ensure no
traffic congestion;
c/ Upon the completion of
construction, the road must be restored to its original conditions; for
underground works, a dossier on construction completion must be compiled and
handed over to the road administration agency.
4. Construction units shall take
responsibility before law for failure to take measures to ensure uninterrupted
and safe traffic according to regulations, for the occurrence of traffic
accidents, traffic jams or serious environmental pollution.
Article 48.
Road administration and maintenance
1. Road maintenance means activities
of maintaining and repairing roads in order to preserve technical standards of
roads currently in use.
2. Roads, after being put into
use, must be administered and maintained as follows:
a/ Monitoring of the conditions
of road works; organization of traffic; examination and inspection of the
protection of road infrastructure facilities;
b/ Regular maintenance and
regular and irregular repair.
3. Road administration and
maintenance responsibilities are defined as follows:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
b/ Provincial-level People’s
Committees are responsible for the systems of provincial roads and urban roads.
The administration and maintenance of systems of district and commune roads
shall be prescribed by provincial-level People’s Committees;
c/ Special-use roads and roads
not under state management and exploitation and roads built with non-state
budget funding sources shall be administered and maintained by investors
according to regulations.
4. The Minister of Transport
shall issue regulations on road administration and maintenance.
Article 49.
Financial sources for road administration and maintenance
1. Fundings for the
administration and maintenance of national highways and local roads come from
road maintenance funds.
Fundings for the administration
and maintenance of special-use roads and roads not under state management and
exploitation and roads built with non-state budget funding sources are covered by
their administration and exploitation organizations and individuals.
2. Road maintenance funds shall
be formed from the following sources:
a/ Annual state budget
allocations;
b/ Revenue sources related to
road use and other revenue sources as prescribed by law.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 50.
Building of level crossings between roads and railroad tracks
The construction of level crossings
between roads and railroad tracks is subject to permission of competent state
agencies, and must have designs which ensure technical standards and traffic
safety conditions and have been approved by competent state agencies according
to regulations of the Minister of Transport.
Article 51.
Car terminals, parking lots, roadside service stations, vehicle mass inspection
stations and road toll stations
1. In urban centers, the
construction of working offices, schools, hospitals, trade and service centers,
cultural centers and residential quarters must include the construction of
parking lots suitable to the works’ sizes.
2. Car terminals, parking lots
and roadside service stations must be built according to plannings already
approved by competent state agencies, and must ensure technical standards.
3. Toll stations, where tolls
for vehicles operating on the roads are collected, shall be built according to
plannings or investment projects approved by competent sate agencies. Toll
stations’ operations must ensure uninterrupted and safe traffic.
4. Vehicle mass inspection
stations, where road administration agencies collect information on, analyze
and assess the impacts of vehicle mass and size limits on road safety; inspect
and handle violations of vehicles with sizes and mass in excess of the
permitted size limits of roads, and caterpillars traveling on roads, shall be
built according to a master plan elaborated by the Ministry of Transport and
approved by the Prime Minister.
In case of necessity to protect road
infrastructure facilities, the Minister of Transport shall decide on setting up
temporary vehicle mass inspection stations.
5. The Minister of Transport
shall issue regulations on technical specifications of car terminals, parking
lots, roadside service stations, toll stations and vehicle mass inspection
stations; and on the organization and operation of toll stations and vehicle
mass inspection stations.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
1. Protection of road traffic
infrastructure facilities covers ensuring safety and use life of road works and
taking measures to prevent, stop and handle acts of illegally infringing upon
road infrastructure facilities.
The protected area of road
infrastructure facilities covers land areas of roads, road safety corridors,
the space over and the subterranean and underwater spaces related to road work
and traffic safety.
2. Organizations and individuals
licensed to construct, renovate, expand and maintain works and carry out other
activities within the protected area of road infrastructure facilities shall
carry out these activities in accordance with law.
3. Road work administration
units shall ensure works’ technical safety and take joint responsibility for
traffic accidents occurring due to the quality of works under their
administration; if detecting that road works are damaged or at risk of
endangering traffic, they shall promptly repair them, and take measures to
prevent, combat and promptly remedy consequences caused to road works by
natural disasters.
4. Road infrastructure facility
protection responsibilities are defined as follows:
a/ The Ministry of Transport
shall organize and guide the road infrastructure facility protection; examine
and inspect the implementation of the law on road infrastructure facility
administration and protection;
b/ The Ministry of Public
Security shall direct and guide the police in examining and handling violations
of the law on road infrastructure facility protection according to its
competence;
c/ The People’s Committees at
all levels shall organize the protection of road infrastructure facilities in
their localities; and protect road safety corridors in accordance with law;
d/ Ministries and
ministerial-level agencies shall, within the scope of their respective tasks
and powers, join in protecting road infrastructure facilities;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
5. Those who detect that road
works are damaged or infringed upon or road safety corridors are illegally
occupied shall promptly report such to the nearest People’s Committees, road
administration agencies or police offices for handling; in case of necessity,
they shall take measures to notify road users thereof. Upon receiving reports,
responsible agencies shall quickly take remedial measures to ensure
uninterrupted and safe traffic.
Chapter
IV.
VEHICLES JOINING IN ROAD
TRAFFIC
Article 53.
Conditions for motor vehicles to join in road traffic
1. Automobiles of proper types
allowed to join in road traffic must satisfy the following quality, technical
safety and environmental protection criteria:
a/ Being equipped with an
effective brake system;
b/ Being fitted with an
effective steering system;
c/ The steering wheel is on the
left side of the automobile; for a foreigner’s overseas-registered automobile
with a right-handed steering wheel, to join in road traffic in Vietnam, it must
comply with the Government’s regulations;
d/ Being fully equipped with
driving and passing lamps, registration plate lamp, stop lamp and signal lamps;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
f/ Having sufficient rear-view
mirrors and other equipment and devices to ensure the operator’s visibility;
g/ Having the windscreen and
windows made of safety glass;
h/ Having a horn of standard
volume;
i/ Being fully equipped with an
exhaust silencer, an exhaust pipe and other equipment and devices to ensure
exhaust gas and noise up to environmental standards;
j/ Their structures are durable
enough and ensure stable operation.
2. Motorcycles, three-wheeled
motor vehicles and mopeds of right types allowed to join in road traffic must
satisfy the quality, technical safely and environmental protection standards
prescribed at Points a, b, d , e, f, h, i and j, Clause 1 of this Article.
3. Motor vehicles must have
registration papers and number plates, granted by competent state bodies.
4. The Government shall
stipulate the use life limits of motor vehicles.
5. The Minister of Transport
shall prescribe quality, technical safety and environmental protection
standards of motor vehicles permitted to join in road traffic, except for army
and police motor vehicles used for defense and security purposes.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
1. Motor vehicles of lawful
origin and satisfying the quality, technical safety and environmental
protection standards under this Law will be granted registration papers and
number plates by competent state agencies.
2. The Minister of Public
Security shall stipulate and organize the grant of registration papers and
number plates for motor vehicles of all kinds; the Minister of Defense shall
stipulate and organize the grant of registration papers and number plates for
army motor vehicles used for defense purposes.
Article 55.
Assurance of quality, technical safety and environmental protection standards
of motor vehicles joining in road traffic
1. The manufacture, assembly,
modification, repair, maintenance and import of motor vehicles to join in road
traffic must comply with regulations on quality, technical safety and
environmental protection standards. It is strictly forbidden to transform
automobiles of other types into passenger cars.
2. Owners of vehicles may not
alter the structure, components or systems of their motor vehicles against the
manufacturer designs or modification designs already approved by competent
agencies.
3. Automobiles and trailers or
semi-trailers pulled by automobiles joining in road traffic must be
periodically inspected in terms of technical safety and environmental
protection (below referred to as inspection).
4. The heads of register units
and persons directly conducting inspection shall take responsibility for the
confirmation of inspection results.
5. Vehicle owners and drivers
shall maintain the technical status of their vehicles joining in road traffic
according to the prescribed standards between two inspections.
6. The Minister of Transport
shall stipulate conditions, standards for and grant of permits to motor vehicle
register units; and stipulate and organize the inspection of motor vehicles.
The Minister of Defense and the Minister of Public Security shall stipulate and
organize the inspection of army and police motor vehicles used for defense and
security purposes.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
1. When joining in traffic,
rudimentary vehicles of all kinds must satisfy the conditions on road traffic
safety.
2. Provincial-level People’s
Committees shall specify the operation conditions and scope of rudimentary
vehicles in their localities.
Article 57.
Conditions for special-use vehicles to join in traffic
1. Satisfying the following
quality, technical safety and environmental protection criteria:
a/ Having an effective brake
system;
b/ Having an effective steering
system;
c/ Having lamps;
d/ Ensuring the operator’s
visibility;
e/ Special-use parts must be
fitted firmly at right positions, ensuring safety while traveling;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2. Having a registration paper
and number plate granted by competent state agencies.
3. Operating within the
prescribed area, ensuring safety for people, vehicles and road works while
traveling.
4. The manufacture, assembly,
modification, repair and import of special-use vehicles must comply with
regulations on quality, technical safety and environmental protection.
5. The owners and operators of
special-use vehicles shall maintain the technical safety conditions and have
them inspected as prescribed for special-use vehicles in road traffic.
6. The Minister of Transport
shall issue specific regulations on quality, technical safety and environmental
protection, the grant and withdrawal of registration papers and number plates;
determine a list of special-use vehicles subject to inspection and organize the
inspection; the Minister of Defense and the Minister of Public Security shall
stipulate and organize the grant and withdrawal of registration papers and
number plates and the inspection of army and police special-use vehicles used
for defense and security purposes.
Chapter V.
OPERATORS OF VEHICLES
JOINING IN ROAD TRAFFIC
Article 58.
Conditions for drivers of vehicles to join in traffic
1. Drivers of vehicles to join
in traffic must be of the age and in good health as prescribed in Article 60 of
this Law, and proper driver licenses for the types of vehicle they are
permitted to operate, which are granted by competent state agencies.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2. When operating a vehicle, the
driver shall carry the following papers:
a/ Vehicle registration paper;
b/ Driver license, for motor
vehicle operators defined in Article 59 of this Law;
c/ Technical safety and
environmental protection inspection certificate, for motor vehicles prescribed
in Article 55 of this Law;
d/ Motor vehicle owner civil
liability insurance certificate.
Article 59.
Driver licenses
1. Depending on types, engine
capacity, mass and utilities of motor vehicles, driver licenses are classified
into driver licenses with unlimited validity and driver licenses with limited
validity.
2. Driver licenses with
unlimited validity are of the following categories:
a/ Category A1, granted to
drivers of motorcycles with a cylinder capacity of between 50 cm3 and under 175
cm3;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
c/ Category A3, granted to drivers
of three-wheeled motor vehicles and those prescribed for category-A1 driver
licenses and similar vehicles.
3. Disabled people operating
three-wheeled motor vehicles designed for them shall be granted category-A1
driver licenses.
4. Driver licenses with limited
validity are of the following categories:
a/ Category A4, granted to
drivers of tractors of a mass of up to 1,000 kg;
b/ Category B1, granted to
non-professional drivers of passenger cars of up to 9 seats, trucks and
tractors of a mass of under 3,500 kg;
c/ Category B2, granted to
professional drivers of passenger cars of up to 9 seats, trucks and tractors of
a mass of under 3,500 kg;
d/ Category C, granted to
drivers of trucks and tractors of a mass of 3,500 kg or higher and vehicle
types prescribed for category-B1 and -B2 driver licenses;
e/ Category D, granted to
drivers of passenger cars of between 10 and 30 seats and vehicle types
prescribed for category-B1, -B2 and -C driver licenses;
f/ Category E, granted to
drivers of passenger cars of over 30 seats and vehicle types prescribed for
category-B1, -B2, -C and -D driver licenses;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
5. Driver licenses are valid
nationwide and in the territories of countries or territories with which
Vietnam has signed mutual driver license recognition commitments.
Article 60.
Age and health of drivers
1. The driver age is prescribed
as follows:
a/ Persons aged full 16 years or
older may drive mopeds with a cylinder capacity of under 50 cm3;
b/ Persons aged full 18 years or
older may drive motorcycles, three-wheeled motor vehicles with a cylinder
capacity of 50 cm3 or higher and vehicles with similar structure; trucks,
tractors with a mass of under 3,500 kg; passenger cars of up to 9 seats;
c/ Persons aged full 21 years or
older may drive trucks, tractors with a mass of 3,500 kg or more; category-B2
vehicles pulling trailers (FB2);
d/ Persons aged full 24 years or
older may drive passenger cars of between 10 and 30 seals; category-C vehicles
pulling trailers or semi-trailers (FC);
e/ Persons aged full 27 years or
older may drive passenger cars of over 30 seals; category-D vehicles pulling
trailers (FD);
f/ The maximum age of drivers of
30 seat-plus passenger cars is 50 for women and 55 for men.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 61.
Driver training, examination to grant driver licenses
1. Driver training
establishments are categorized as job training establishments, must meet all
adequate conditions on classrooms, driving practice grounds and vehicles,
driving instructors, course books and teaching materials and possess a license
as prescribed.
2. Driver training
establishments must comply with the contents and programs prescribed for each
kind and category of driver license.
3. Persons who wish to have
driver licenses of categories A1, A2, A3, A4 and B1 must be trained. Persons
who wish to have driver licenses of categories B2, C, D, E and driver licenses
of category F must be trained on a full-time basis at training establishments.
4. Training for driver license
upgrading shall be conducted for the following cases:
a/ Upgrading driver licenses
from category B1 to B2;
b/ Upgrading driver licenses
from category B2 to C or D;
c/ Upgrading driver licenses
from category C to D or E;
d/ Upgrading driver licenses
from category D to E;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
5. Persons who wish to attend
training for upgrading their driver licenses, in addition to satisfying the conditions
prescribed in Clause 4 of this Article, must have a sufficient driving duration
and a number of safe driving kilometers prescribed for each category of driver
license; persons who wish to attend training for upgrading their driver
licenses to category D or E must have at least completed lower secondary
education.
6. The training of drivers of
passenger cars of 10 seats or more and drivers of vehicles with trailers may
only be conducted in the form of training for category upgrading under the
conditions prescribed in Clauses 4 and 5 of this Article.
7. Examinations for the grant of
driver licenses must be held at driver examination centers. Driver examination
centers must be built according to planning, with material- technical
foundations meeting the driver examination requirements as prescribed.
8. Driver examiners must possess
an examiner card and shall take responsibility for the results of their
examination.
9. Persons who have been trained
and passed examinations shall be granted driver licenses of proper category.
For driver licenses with limited
validity, before their expiration, drivers shall have heath checks and carry
out the presented procedures for renewal of their driver licenses.
10. The Minister of Transport
shall specify the conditions and criteria for and grant permits to training
establishments; prescribe the training forms, contents and programs; examine,
grant and renew driver licenses; the Minister of Defense and the Minister of
Public Security shall issue regulations on training establishments,
organization of training, examinations, grant and renewal of driver license for
army and police forces performing defense and security tasks.
Article 62.
Conditions for operators of special-use vehicles joining in traffic
1. Operators of special-use
vehicles joining in traffic must reach eligible age and physically fit for
their occupations, and possess a certificate of training in road traffic law, a
license or certificate for operating special-use vehicles, granted by a
special-use vehicle operator training establishment.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
a/ Vehicle registration paper;
b/ Certificate of training in
road traffic law, a license or certificate for operating special-use vehicles;
c/ Technical safety and
environmental protection inspection certificate, for special-use vehicles
prescribed in Article 57 of this Law.
Article 63.
Conditions on operators of rudimentary vehicles in traffic
1. Being physically fit for safe
operation of vehicles.
2. Being knowledgeable about
road traffic rules
Chapter
VI.
ROAD TRANSPORTATION
Section 1.
ROAD TRANSPORTATION ACTIVITIES.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
1. Road transportation
activities include non-commercial road transportation and commercial road
transportation. Commercial road transportation is a conditional business as
presented by law.
2. Commercial road
transportation includes commercial passenger transportation and commercial
cargo transportation.
3. Road transportation activities
must be in line with the road transportation planning and transportation route
network.
Article 65.
Working time of automobile drivers
1. In a day, an automobile
driver must work for 10 hours at most and must not be on the wheel for more
than 4 hours in a row.
2. Carriers and automobile
drivers shall comply with Clause 1 of this Article.
Article 66.
Commercial transportation by car
1. Commercial passenger
transportation by car includes:
a/ Commercial passenger transportation
along fixed routes with identified departure and destination stops according to
given schedules and itineraries;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
c/ Commercial passenger
transportation by taxi according to schedules and itineraries requested by
passengers, and charges calculated according to taxi meters;
d/ Commercial passenger
transportation under transportation contracts, without fixed routes;
e/ Tourist transportation
according to tourist routes, programs and destinations.
2. Commercial cargo
transportation by car includes:
a/ Ordinary commercial cargo
transportation;
b/ Commercial cargo
transportation by taxi truck;
c/ Commercial transportation of
extra-long and extra-heavy cargoes;
d/ Commercial transportation of
dangerous cargoes.
3. The Government shall issue
specific regulations on commercial transportation by car.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
1. Enterprises, cooperatives and
households conducting commercial transportation by car must fully meet the
following conditions:
a/ Making registration for
commercial transportation by car under law;
b/ Ensuring the quantity,
quality and use life of vehicles suitable to the business form; fitting travel
monitoring devices on their vehicles according to the Government’s regulations;
c/ Ensuring the number of
drivers and attendants suitable to the business plan and signing written labor
contracts with them; attendants working on vehicles must be trained in
transportation business skills and traffic safety; it is forbidden to employ
drivers who are banned from driving under law;
d/ Persons who directly manage
transportation activities of enterprises and cooperatives must possess
transportation qualifications;
e/ Owning a parking lot suitable
to the size of enterprise, cooperative or household, ensuring requirements of
order, safely, fire and explosion prevention and fight, and environmental
sanitation.
2. Only enterprises and
cooperatives may conduct commercial passenger transportation along fixed
routes, commercial passenger transportation by bus or by taxi, and must fully
meet the following conditions:
a/ The conditions specified in
Clause 1 of this Article;
b/ Having a section in charge of
traffic safety conditions;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
3. Only enterprises and
cooperatives may conduct commercial cargo transportation by container and must
fully meet the conditions specified in Clause 1 and Point b, Clause 2, of this
Article.
4. The Government shall issue
specific regulations on conditions on and licensing of commercial
transportation by car.
Article 68.
Passenger transportation by car
1. Carriers and passenger car
drivers shall comply with the following provisions:
a/ To embark and disembark
passengers at prescribed places;
b/ Not to carry passengers on
the car roofs or luggage compartments or let passengers cling to cars from the
outside;
c/ Not to carry dangerous goods,
fetid goods, animals or other goods adversely affecting passenger health;
d/ Not to carry passengers, luggage
and cargo in excess of the prescribed mass or passenger number;
e/ Not to load cargo in
passenger cabins; to take measures to keep the cars clean.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 69.
Rights and obligations of passenger transportation dealers
1. The passenger transportation
dealer has the following rights:
a/ To collect transportation
fares and freights;
b/ To refuse to transport before
the vehicles leave the car terminal or embarking positions or to disembark
under transport contracts persons who possess tickets or are named in the
contracts but commit acts of disturbing public order, obstructing the transport
dealer’s work, affecting the health and property of others or cheating in
tickets, or passengers suffering a dangerous disease.
2. The passenger transportation
dealer has the following obligations:
a/ To fully realize the
commitments on transport quality or fully perform transport contracts;
b/ To buy insurance for
passengers, with insurance premiums included in passenger tickets;
c/ To hand tickets and freight
receipts to passengers;
d/ To pay compensation for
damage caused by their employees or representatives when performing jobs
assigned by them;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
3. The Minister of Finance shall
assume the prime responsibility for, and coordinate with the Minister of
Transport in, prescribing passenger tickets and freight receipts.
Article 70.
Responsibilities of drivers and attendants working on passenger cars
1. To check their cars’ safety
conditions before setting off.
2. To show civilized and polite
behaviors and guide passengers to their right seats.
3. To check the arrangement and
tie up luggage and cargo to ensure safety.
4. To take measures to protect
passengers’ lives, health and property, and maintain order and sanitation in
their cars;
5. To close the doors before and
during the time the cars move.
Article 71.
Rights and obligations of passengers
1. Passengers have the following
rights:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
b/ To pay no freight for luggage
not exceeding 20 kg and of a size suitable to the car’s design;
c/ To refuse transport before
the car sets off and be refunded ticket money according to regulations of the
Minister of Transport.
2. Passengers have the following
obligations:
a/ To buy tickets and pay
freights for carried luggage in excess of the prescribed limit;
b/ To be present at the places
of departure on time as agreed upon; to observe transport regulations; to comply
with the instructions of the driver and attendants to ensure traffic order and
safety;
c/ Not to carry luggage and
goods banned by law from circulation.
Article 72.
Cargo transportation by car
1. The transportation of goods
by car must comply with the following provisions:
a/ Cargoes transported on cars
must be tidily arranged and securely tied up;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2. The following acts are
prohibited:
a/ Transporting cargoes beyond
the designed mass or beyond the size limits permitted for the car;
b/ Carrying people in a car’s
body, except for the case specified in Clause 1, Article 21 of this Law.
3. The Minister of Transport
shall prescribe the organization and management of cargo transport by car.
Article 73.
Rights and obligations of cargo transportation dealers
1. The cargo transportation
dealer has the following rights:
a/ To request the transportation
charterer to supply necessary information on the cargo for writing in transportation
papers and examine the accuracy of such information;
b/ To request the transportation
charterer to fully pay freights and arising expenses; to request the
transportation charterer to pay compensations for damage caused by breaches of
contract;
c/ To refuse transportation if
the transportation charterer fails to deliver cargoes as agreed upon in their
contract;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2. The cargo transportation
dealer has the following obligations:
a/ To provide vehicles of proper
type, at the time and place and deliver cargo to consignees as agreed upon in
contracts;
b/ To guide the loading and
unloading of cargo on vehicles;
c/ To pay compensation to the
transportation charterer for cargo losses or damage in the course of transportation
from the receipt to delivery of cargo, except for cases of exemption as
prescribed by law;
d/ To pay compensation for
damage caused by his/her employees or representatives when performing jobs
assigned by him/her;
e/ To take responsibility for
consequences caused by his/her employees or representatives in complying with
his/her requests in contravention of this Law.
3. The Government shall
prescribe liability limits of cargo transportation dealers.
Article 74.
Rights and obligations of cargo transportation charterers
1. The cargo transportation
charterer has the following rights:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
b/ To request the transportation
dealer to deliver cargo at the time and place as agreed upon in the contract;
c/ To request the transportation
dealer to pay compensation for damage according to law.
2. The cargo transportation
charterer has the following obligations:
a/ To prepare adequate lawful papers
on the cargo before delivering it to the transportation dealer; to package the
cargo according to specifications with sufficient and clear signals and codes;
to deliver cargo to the transportation dealer at the time and place according
to other instructions stated in the cargo delivery document;
b/ To fully pay freights and
arising expenses for the cargo transportation dealer;
c/ To appoint persons to escort
the cargo in the course of transportation, for cargo requiring escorts.
Article 75.
Rights and obligations of cargo consignees
1. The cargo consignee has the
following rights:
a/ To receive and check the
received cargo against the transport paper or equivalent document;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
c/ To request or notify the
transportation charterer to request the transportation dealer to pay
compensations for cargo damage or loss;
d/ To request cargo survey when
necessary.
2. The cargo consignee has the
following obligations:
a/ To receive the cargo at the
time and place as agreed upon; to produce the transport paper and personal
identity paper to the transport dealer before receiving the cargo;
b/ To pay expenses for late
cargo receipt.
Article 76.
Transportation of extra-long and extra-heavy cargo
1. Extra-long or extra-heavy
cargo means goods of a size or weight exceeding the prescribed limits but
impossible to disassemble.
2. Extra-long or extra-heavy
cargo must be transported on trucks suitable to such type of cargo and require
a road use permit granted by a competent state agency.
3. Extra-long or extra-heavy
cargo-transporting trucks must travel at a speed prescribed in their permits
and have signals on the size of the cargo; when necessary, persons conducting
traffic must be deployed to ensure traffic safety.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 77.
Transportation of live animals
1. Depending on species of live
animals, the transportation dealer may request the transportation charterer to
arrange an escort to take care of these animals in the course of transportation
2. The transportation charterer
is responsible for loading and unloading live animals under the guidance of the
transportation dealer; if unable to do so; the transportation charterer shall
pay freights and loading and unloading charges to the transportation dealer.
3. The transportation of live
animals on roads must observe the laws on hygiene, epidemic prevention and
environmental protection.
Article 78.
Transmutation of dangerous cargo
1. Cars carrying dangerous cargo
must acquire permits granted by competent state agencies.
2. Cars carrying dangerous cargo
may not stand and park at crowded places or danger-prone places.
3. The Government shall
prescribe a list of dangerous cargo, the transportation of dangerous cargo and
the competence to grant permits for transportation of dangerous cargo.
Article 79.
Road transportation in urban areas
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2. Drivers of passenger taxis or
cargo taxis may embark and disembark passengers or load and unload cargo as
agreed upon with passengers or cargo owners but shall comply with regulations
on traffic safety.
3. Cargo trucks must operate
along prescribed routes, within areas and according to schedules prescribed for
each type of truck.
4. Rubbish vans and trucks
carrying scraps or loose materials must be covered in order to prevent them from
dropping on streets; if letting them drop, the carrier shall promptly clean up
the streets.
5. Provincial-level People’s
Committees shall issue specific regulations on road transportation in urban
areas and the proportion of mass transit vehicles to meet the travel need of
disabled persons.
Article 80.
Passenger and cargo transportation by rudimentary vehicles, mopeds,
motorcycles, three-wheeled motor vehicles and the like
1. The use of rudimentary vehicles,
mopeds, motorcycles, three-wheeled motor vehicles and the like for carrying
passengers and cargo must comply with regulations on traffic order and safety.
2. The Minister of Transport
shall prescribe the implementation of Clause 1 of this Article.
3. Basing themselves on
regulations of the Minister of Transport, provincial-level People’s Committees
shall detail the implementation thereof in localities.
Article 81.
Multi-modal transportation
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2. The Government shall issue specific
regulations on multi-modal transportation.
Section 2.
ROAD TRANSPORTATION SUPPORT SERVICES
Article 82.
Road transportation support services
1. Road transportation support
services include services at car terminals; parking lots and roadside service
stations, and transportation agency, ticket sale agency, cargo collection,
transshipment, warehousing and road transportation rescue services.
2. The Minister of Transport
shall issue specific regulations on road transportation support services.
Article 83.
Organization of operation of car terminals, parking lots and roadside service
stations
1. The operation of passenger
car terminals, cargo truck terminals, parking lots and roadside service
stations must ensure order, safety, environmental sanitation, and fire and
explosion prevention and fighting and submit to the management of local state
management agencies.
2. Enterprises and cooperatives
operating passenger car terminals have the right and obligation to arrange
ticket sale offices or organize the sale of tickets to passengers under
contracts with transport dealers; arrange cars fully meeting transportation
business conditions to enter the terminals to take and discharge passengers
according to proper routes.
3. Enterprises and cooperatives
operating cargo truck terminals have the right and obligation to arrange trucks
to enter the terminals to load and unload cargoes and cargo warehousing,
consignment, packaging and preservation services.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
5. Enterprises and cooperatives
operating roadside service stations have the right and obligation to organize
services for road users and vehicles in road traffic; and to perform jobs under
service contracts with carriers.
6. Provincial-level People’s
Committees shall prescribe car terminal service charges based on the types of
car terminals.
Chapter
VII.
STATE MANAGEMENT OF ROAD
TRAFFIC
Article 84.
Contents of state management of road traffic
1. Formulating plannings, plans
and policies on road transport development; drawing up and directing the
implementation of the national program on road traffic safety.
2. Promulgating, and organizing
the implementation of, legal documents on road traffic; regulations and
standards for road traffic.
3. Propagating, disseminating
and educating about the road traffic law.
4. Organizing the
administration, maintenance and protection of road infrastructure facilities.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
6. Managing driver training and
examination; granting, renewing and withdrawing driver licenses and certificates
of training in knowledge about the road traffic law.
7. Managing transportation
activities and transportation support services; organizing road traffic rescue.
8. Organizing research and
application of road traffic science and technologies; training road traffic
technicians and technical workers.
9. Examining, inspecting, and
settling complaints and denunciations; handling violations of the road traffic
law.
10. Undertaking international
cooperation in road traffic.
Article 85.
State management responsibilities for road traffic
1. The Government shall perform
the unified state management of road traffic.
2. The Ministry of Transport
shall take responsibility to the Government for performing the state management
of road traffic.
3. The Ministry of Public
Security shall perform the tasks of state management of road traffic under this
Law and other relevant laws; take measures to ensure traffic order and safety;
and coordinate with the Ministry of Transport in protecting road infrastructure
facilities.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
4. The Ministry of Defense shall
perform the tasks of state management of road traffic under this Law and other
relevant laws.
5. Ministries, ministerial-level
agencies and government-attached agencies shall, within the scope of their
tasks and powers, coordinate with the Ministry of Transport in performing the
state management of road traffic.
6. The People’s Committees at
all levels shall, within the scope of their tasks and powers, organize the
state management of road traffic under this Law and other relevant laws on
localities.
Article 86.
Road inspectorate
1. The road inspectorate shall
perform specialized inspection of road traffic.
2. The road inspectorate has the
following tasks and powers:
a/ To inspect, detect, stop and
sanction administrative violations in the observance of legal provisions on
protection of road infrastructure, assurance of technical standards of road
works; in urgent cases, in order to prevent possible consequences on road
works, to stop vehicles and ask their operators to take measures to protect works
in accordance with law and take responsibility for such decisions;
b/ To inspect, detect, stop and
handle administrative violations in the observance of regulations on
transportation activities and transportation support services at standing and
parking points along roads, car terminals, parking lots, roadside service
stations, vehicle mass inspection stations, toll stations and at road
transportation enterprises;
c/ To inspect, detect, stop and
sanction violations in driver training and examination, the grant, renewal and
withdrawal of driver licenses, and the technical safety and environmental
protection inspection of motor vehicles. The inspection and examination of army
and police car drivers, and the grant, renewal and withdrawal of their driver licenses
shall be stipulated by the Minister of Defense and the Minister of Public
Security;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
3. The organization and
operation of the road traffic inspectorate comply with this Law and other
relevant laws.
The Minister of Transport shall
issue specific regulations on the tasks and powers of the road inspectorate.
Article 87.
Patrol and control of road traffic police
1. The road traffic police shall
patrol and control road users and vehicles in traffic; handle their violations
of road traffic law and take responsibility before law for their decisions;
coordinate with the road administration agency in detecting and stopping acts
of violating regulations on protection of road works and road safety corridors.
2. The Minister of Public
Security shall issue specific regulations on tasks, powers, forms and contents
of patrol and control by road traffic police.
3. The Government shall
stipulate the mobilization of other police forces and commune police to join
the road traffic police in patrolling and controlling road traffic order and
safety in necessary cases.
Chapter
VIII.
IMPLEMENTATION PROVISIONS
Article 88.
Effect
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2. This Law replaces the June
29, 2001 Law on Road Traffic.
Article 89.
Implementation detailing and guidance
The Government and competent
agencies shall detail and guide the implementation of articles and clauses of
this Law as assigned; and guide other necessary provisions of this Law to meet
state management requirements.
This Law was passed on
November 13, 2008, by the XIIth National Assembly of the Socialist Republic of
Vietnam at its 4th session.
CHAIRMAN
OF THE NATIONAL ASSEMBLY
Nguyen Phu Trong