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THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 46/2016/ND-CP
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Hanoi, May 26, 2016
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DECREE
ON ADMINISTRATIVE PENALTIES FOR
ROAD TRAFFIC OFFENCES AND RAIL TRANSPORT OFFENCES
Pursuant
to the Law on Government organization dated June 19, 2015;
Pursuant
to the Law on Penalties for administrative violations dated June 20, 2012;
Pursuant
to the Law on Road traffic dated November 13, 2008;
Pursuant
to the Law on Rail transport dated June 14, 2005;
At the
request of the Minister of Transport;
The
Government promulgates a Decree on penalties for administrative road traffic
offences and rail transport offences.
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GENERAL PROVISIONS
Article 1. Scope
1. This
Decree deals with administrative violations, penalties, fines, remedial
measures, the power to impose penalties and fines for road traffic offences and
rail transport offences.
2. Other
Decrees on administrative penalties for corresponding violations shall apply to
administrative violations pertaining road traffic and rail transport that are
not regulated by this Decree.
Article 2. Regulated entities
1.
Organizations and individuals that commit road traffic offences and rail
transport offences within the territory of Socialist Republic of Vietnam.
2. The
persons having the power to impose penalties.
3.
Relevant organizations and individuals.
Article 3. Definitions
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1. Road
traffic:
a)
Tractor-trailer means a motor vehicle with a steering wheel that tows a trailer
(which can be detached from the tractor);
b) A
car-like vehicle means a motor vehicle that has two axles and four or more
wheels, the engine and cargo bed (if any) of which are on the same chassis
(including electricity-powered 4-wheel vehicles).
c) A
motorcycle-like vehicle means a motor vehicle that has two or three wheels with
a cylinder capacity of ≥ 50 cm3, maximum speed over 50 km/h, and net
weight not exceeding 400 kg;
d) An
electric motorcycle means a two-wheel vehicle run by an electric engine with
power not exceeding 4 kW, maximum speed not exceeding 50 km/h;
dd) A
moped means a motor vehicle that has two or three wheels with a maximum speed
not exceeding 50 km/h, except for the vehicles in Point e of this Clause;
e)
Motored bicycle means a two-wheel bicycle that is equipped with an engine with
a maximum speed not exceeding 25 km/h. A motor bicycle is still operational
with its engine off.
2. Rail
transport:
a) Humps
are a system serving railway shunting. When the consist is shoved by a locomotive
to the top of the hump, the coaches shall be detached and propelled by gravity
to various tracks in the classification yard;
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c)
Dropping means a method where potential energy of the classification track is
used to propel the coaches to various tracks in the classification yard;
d)
Detachment means a method where a group of coaches is detached while the
consist is moving;
dd)
Signalling code means the regulations on orders, signals and proper responses
to such orders and signals;
e)
Warnings are written notifications to railway workers that directly serve the
train operation of unusual conditions of the railway infrastructure, the
railway vehicles, and other cases, specifying measures for ensuring train
operation safety;
g)
Railway clearance means the space along the railway line that ensures the train
is not struck against while running;
h)
Crossing length means the length of the part of road that crosses the railway
line and lies between two barriers, or the distance between two outer rails of
the bridge plus (+) 06 meters to both sides if no barriers are available.
i) Length
of the road-rail bridge means the distance between two barriers, or the
distance between two abutments of the bridge plus (+) 10 meters to both sides
if no barriers are available.
Article 4. Remedial measures and implementation rules
1.
Remedial measures for damage caused by administrative road traffic offences and
rail transport offences:
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b)
Removal of the construction or part of the construction that is not licensed or
built against the license;
c)
Elimination of environmental pollution caused by the violations;
d)
Removal from Vietnam or re-export of vehicles;
dd)
Return of the illegal profits generated by the violation;
e) Other
remedial measures specified in Chapter II and Chapter III of this Decree.
2. The
rules for taking remedial measures are specified in Clause 2 Article 28 of the
Law on Penalties for administrative violations.
Chapter II
VIOLATIONS, PENALTIES, FINES, AND REMEDIAL
MEASURES FOR ADMINISTRATIVE ROAD TRAFFIC OFFENCES
SECTION 1. VIOLATIONS AGAINST TRAFFIC RULES
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1. A fine
of VND 100,000 - VND 200,000 shall be imposed for any of the
following violations:
a)
Disobeying road signs or road markings, except for the violations specified in
Point a, Point g, Point h, Point i, Point k, Point l Clause 2; Point a, Point
d, Point dd, Point e, Point k Clause 3; Point a, Point b, Point c, Point d,
Point dd, Point h, Point i Clause 4; Point a Clause 5; Point b, Point c, Point
dd Clause 6; Point a, Point c Clause 7; Point a, Point dd Clause 8 of this
Article;
b)
Turning without yielding to the pedestrians and wheelchairs of the disabled
that cross the street at crosswalks, or without yielding to non-motorized
vehicles running in the cycle lane.
b)
Turning without yielding to oncoming vehicles, the pedestrians and wheelchairs
of the disabled that cross the street at other positions than crosswalks;
d)
Stopping or parking without signaling;
dd)
Occupying part of the roadway when parking on the street without placing a
warning sign as prescribed, except for the violations specified in Point c
Clause 7 of this Article and parking at permissible positions.
e) No
placement of signs in front of the towing vehicle and behind the towed vehicle;
operating a tractor-trailer without signs as prescribed;
g)
Causing a collision with the vehicle ahead due to failure to keep a safe
distance; failure to keep the safe distance in accordance with the “Safe
distance” sign, except for the violations specified in Point h Clause 4 of this
Article;
h)
Failure to comply with the regulations on yielding at intersections, except for
the violations specified in Point d and Point dd Clause 2 of this Article;
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k)
Failure to fasten the seat belt (if available) while the vehicle is running;
l)
Carrying passengers who fail to fasten the seat belts (if available) while the
vehicle is running.
2. A fine
of VND 300,000 - VND 400,000 shall be imposed for any of the
following violations:
a)
Changing lanes where prohibited or without signaling, except for the violations
specified in Point h Clause 4 of this Article;
b)
Operating the vehicle at a lower speed than that of other vehicles in the same
direction without moving to the right of the roadway, unless the other vehicles
are running faster than the legal limit.
c)
Carrying more people in the cockpit than the legal limit;
d)
Failure to reduce speed and yield when joining the traffic from an alley or
when moving from a small road to a major road;
dd)
Failure to allow another vehicle to overtake at their request when it is safe
to do so; failure to yield to vehicles in the emergency lane or on the major
road at the intersection.
e) Operating
an emergency vehicle without conformable warning devices or using warning
devices without a license issued by a competent authority or without an
unexpired one;
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h) Failure
to stop the vehicle close to the sidewalk on the right side, or the right wheel
is more than 0.25 m away from the side walk; stopping on the tramway or bus
lane; stopping right above a manhole, cable duct opening, at a fire hydrant;
getting out of the driving position or turning off the engine while stopping;
stopping or parking at inappropriate positions where parking space is provided;
stopping or parking at the crosswalk; stopping where a “No stopping and
parking” sign is erected, except for the violations specified in Point c Clause
7 of this Article;
i) Making
a u-turn in a residential area against the rules;
k) Making
an u-turn at a crosswalk, on a bridge, at a bridge approach, under an overpass
or underpass, on a narrow road, sloping road, or curved roads where view is
blocked, or where a “No u-turn” sign is erected;
l)
Reversing the vehicle on a one-way road or a road where a “no entry” sign is
erected, where stopping is prohibited, at a crosswalk, at an intersection with
another road or railway, where view is blocked; reversing the vehicle without
observation or without signals;
m)
Operating a vehicle which involves in an accident without stopping the vehicle,
protecting the crash scene, or giving first aid to the victims, except for the
violations specified in Point b Clause 7 of this Article.
3. A fine
of VND 600,000 - VND 800,000 shall be imposed for any of the
following violations:
a)
Exceeding the speed limits by from 5 km/h to under 10 km/h;
b)
Continuously honking, revving up the engine, using air horns or high beam in an
urban area or residential area, except for emergency vehicles on duty;
c)
Turning without slowing down or signalling (unless going along a curved segment
where there is no intersection);
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dd)
Stopping or parking on the left side of a one-way road, on a curved road or
near the top of the slope where view is blocked, on a bridge, under an
overpass, parallel to a stopping or parking vehicle, at an intersection within
05 m from the edge of the intersection, at a bus stop, in front of or within 05
m beside a gate of an organization that has car way, on a road that is wide
enough for only one lane; blocking road signs when stopping or parking;
e)
Failure to stop the vehicle close to the sidewalk on the right side, or the
distance from the right wheel to the sidewalk exceeds 0.25 m; stopping on the
tramway or bus lane; stopping right above a manhole, cable duct opening, at a
fire hydrant; parking on the sidewalk against the law; parking where a “No
parking” sign or “No stopping and parking” sign is erected, except for the
violations specified in Point c Clause 7 of this Article;
g)
Failure to turn on the lights or using insufficient lighting from 7 pm to 5 am
or in a foggy or bad weather when visibility is short; using the full beam when
facing oncoming vehicles, except for the violations specified in Point c Clause
6 of this Article;
h) Towing
another vehicle or object (except for a trailer, semi-trailer, car, or
heavy-duty vehicle that cannot run itself); operating a car pushing another
vehicle or object; towing a trailer or semi-trailer and another trailer or
another vehicle or object; failure to safely connect the towing and towed
vehicles;
i)
Carrying passengers on the towed vehicle, except for the driver;
k) Making
a u-turn at an intersection with a railway;
l) Using
a cell phone with hands while operating the vehicle on public roads.
4. A fine
of VND 800,000 - VND 1,200,000 shall be imposed upon a vehicle
operator who commits any of the following violations:
a) Going
through a road tunnel without using the lower beam; reversing, making a u-turn
in a road tunnel; overtaking at inappropriate positions in a road tunnel;
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c)
Failure to keep the vehicle to the right; going in the wrong lane; crossing the
median strip; going on a sidewalk unless for entering a house;
d)
Operating the vehicle at a lower speed than the lowest permissible speed;
dd)
Stopping, parking, making a u-turn against the rules and thus causing traffic
congestion;
e) Using
warning devices for emergency vehicles on a non-emergency vehicle;
g) Failure
to take safety measures when the vehicle breaks down at an intersection with a
railway;
dd)
Breaking the rules when entering or leaving the freeway; going in the emergency
lane or on the shoulder of the freeway; changing lanes on a freeway at inappropriate
positions or without signals; making an u-turn, reversing on the freeway;
failure to keep a safe following distance on the freeway;
i)
Stopping or parking at inappropriate positions in a road tunnel.
5. A fine
of VND 1,200,000 - VND 2,000,000 shall be imposed upon a vehicle
operator who commits any of the following violations:
a)
Failure to comply with the traffic lights;
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6. A fine
of VND 2,000,000 - VND 3,000,000 shall be imposed upon a vehicle
operator who commits any of the following violations:
a)
Operating a vehicle under the influence of alcohol but alcohol content in blood
or breath does not exceed 50 mg per 100 ml of blood or 0.25 mg per liter of
breath;
b)
Overtaking where overtaking is prohibited; overtaking without prior signal;
overtaking on the right side of another vehicle without permission unless the
vehicles in the right lane are permitted to run faster than those in the left
lane;
c)
Dodging oncoming vehicles improperly; failure to yield to oncoming vehicles
where the road is narrow, sloping, or obstructed;
d)
Failure to yield to or obstructing emergency vehicles on duty that are sending
out emergency signals;
dd)
Exceeding the speed limits by 10 km/h - 20 km/h.
7. A fine
of VND 5,000,000 - VND 6,000,000 shall be imposed upon a vehicle
operator who commits any of the following violations:
a)
Exceeding the speed limits by >20 km/h to 35 km/h;
b)
Failure to stop, protect the scene, inform the authority, or give first aid to
the victim after causing an accident.
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8. A fine
of VND 7,000,000 - VND 8,000,000 shall be imposed upon a vehicle
operator who commits any of the following violations:
a) Going
against the traffic flow on a freeway, except for emergency vehicles on duty;
b)
Operating a vehicle while BAC exceeds 50 - 80 mg per 100 ml of blood or BrAC
exceeds 0.25 - 0.4 mg per liter of breath;
c)
Causing accidents due to lack of observation or speeding; causing accidents due
to improper dodging or overtaking, or failure to keep a safe following
distance;
d)
Weaving, speeding, chasing on public roads; steering a vehicle running on
public roads with the legs;
dd)
Exceeding the speed limits by more than 20 km/h.
9. A fine
of VND 16,000,000 - VND 18,000,000 shall be imposed upon a vehicle
operator who commits any of the following violations:
b)
Operating the vehicle while BAC exceeds 80 mg per 100 ml of blood, or BrAC
exceeds 0.4 mg per liter of breath;
b)
Disobeying traffic conductor’s or law enforcement officer’s order for alcohol
testing.
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10. A
fine of VND 18,000,000 - VND 20,000,000 shall be imposed upon an
operator who commits any of the violations specified in Point d Clause 8 of
this Article and fails to stop on a law enforcement officer’s order or causes a
traffic accident.
11. The
driving license shall be suspended for 22 - 24 months (if any) or A fine of
VND 16,000,000 - VND 18,000,000 shall be imposed (if the operator
does not have a driving license or his driving license is under suspension) for
operating a vehicle on public roads under the influence of drugs.
12. Apart
from incurring fines, the violating operator shall also incur the following
additional penalties:
a) The
violation(s) specified in Point e Clause 4 of this Article shall lead to
confiscation of the warning device installed against the law;
b) The
violation(s) specified in Point h, Point i Clause 3; Point b, Point c, Point e,
Point g, Point h Clause 4; Clause 5; Point a, Point b, Point d Clause 6; Point
a, Point c Clause 7 of this Article shall lead to suspension of the driving
license for 1 – 3 months;
c) The
violation(s) specified in Point b Clause 7; Point c, Point d, Point dd Clause 8
of this Article shall lead to suspension of the driving license for 2 – 4
months. The violation(s) specified in Point a, Point b, Point c, Point d, Point
dd, Point e, Point g, Point h Clause 1; Point a, Point b, Point d, Point dd,
Point g, Point h, Point i, Point k, Point l Clause 2; Point b, Point c, Point
d, Point dd, Point e, Point g, Point h, Point k, Point l Clause 3; Point a,
Point b, Point c, Point e, Point g, Point h, Point i Clause 4; Clause 5; Point
a Clause 6; Point c Clause 7 of this Article that causes a traffic accident
shall lead to suspension of the driving license for 2 – 4 months;
d) The
violation(s) specified in Point b Clause 8, Clause 10 of this Article or re-commission
of the violation specified in Point d Clause 8 of this Article shall lead to
suspension of the driving license for 3 – 5 months;
dd) The
violation(s) specified in Point a Clause 8, Clause 9 of this Article shall lead
to suspension of the driving license for 4 – 6 months.
Article 6. Penalties imposed upon operators and passengers
on mopeds and motorcycles (including electric motorcycles) and motorcycle-like
vehicles violating road traffic rules
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a)
Disobeying road signs or road markings, except for the violations specified in
Point a, Point d, Point dd, Point h Clause 2; Point c, Point dd, Point h, Point
m Clause 3; Point c, Point d, Point g, Point i Clause 4; Point a, Point b,
Point c, Point d, Point e Clause 5; Point b Clause 7; Point a Clause 8; Point d
Clause 9 of this Article;
b) No
signaling before overtaking;
c)
Failure to keep a safe distance that leads to a collision with the vehicle
ahead; failure to keep a safe distance in accordance with the sign “Safe
distance”;
d)
Turning without yielding to the pedestrians and wheelchairs of the disabled
that cross the street at crosswalks or non-motorized vehicles running in the
cycle lane;
dd)
Turning without yielding to oncoming vehicles, the pedestrians and wheelchairs
of the disabled that cross the street at other positions than crosswalks;
e)
Reversing motor tricycles without observation or signaling;
g) Using
a high beam when facing oncoming vehicles;
h)
Carrying a passenger who uses an umbrella;
i)
Failure to comply with the regulations on yielding at intersections, except for
the violations specified in Point d Clause 2, Point b Clause 3 of this Article.
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a)
Changing lanes where prohibited or without signaling;
b) Going
three abreast or more;
c)
Failure to turn on the lights from 7 pm to 5 am or in a foggy or bad weather
when visibility is short;
d)
Failure to allow another vehicle to overtake when it is safe to do so; failure
to yield to vehicles in the emergency lane or on the major road at the
intersection.
dd)
Dodging other vehicles improperly; failure to yield to oncoming vehicles where
the road is narrow, sloping, or obstructed;
e)
Honking from 10 pm to 5 am, using the high beam in rural areas or residential
areas, except for emergency vehicles on duty;
g)
Operating an emergency vehicle without conformable warning devices or using
warning devices without a license issued by a competent authority or without an
unexpired one;
h) Making
a u-turn where u-turn is not permitted.
3. A fine
of VND 100,000 - VND 200,000 shall be imposed for any of the
following violations:
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b)
Failure to reduce speed and yield when entering a major road from an alley or a
minor road;
c)
Exceeding the speed limits by from 5 km/h to under 10 km/h;
dd) Going
slowly without keeping to the right of the roadway in a manner that obstructs
the traffic;
dd)
Stopping, parking on the roadway in a manner that obstructs the traffic;
stopping in groups of 03 vehicles or more on the roadway or in a road tunnel;
parking on the roadway or on the sidewalk in urban areas against the law;
e)
Continuously honking, revving the engine in urban areas or residential areas,
except for the emergency vehicles on duty;
g) Using
warning devices for emergency vehicles on a non-emergency vehicle;
h)
Stopping, parking on the tramway, at the bus stop, at an intersection, at a
crosswalk; stopping where a “No stopping and parking” sign is erected, parking
where a “No parking” sign or “No parking and stopping” sign is erected;
breaking the rules on stopping and parking at intersection with the railway;
stopping or parking within the railway safety perimeter, except for the
violations specified in Point b Clause 2, Point b Clause 3 Article 48 of this Decree;
i) The
operator or the passenger on the vehicle does not wear a motorcycle helmet or
does not wear it properly;
k)
Carrying a passenger who does not wear a motorcycle helmet properly, unless
that person is a patient who needs urgent medical care, a child under 06 years
of age, or a criminal being escorted;
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m)
Operating the vehicle at a lower speed than the lowest permissible speed;
n) The
vehicle is operated by the person from behind another person, unless such other
the person is a child;
o) Using
an umbrella, cell phone, or audio device other than hearing aid devices while
operating the vehicle.
4. A fine
of VND 300,000 - VND 400,000 shall be imposed for any of the
following violations:
a)
Turning without slowing down or signalling (unless going along a curved segment
where there is no intersection);
b)
Carrying 03 people or more on the vehicle;
c)
Failure to obey the traffic lights;
d)
Stopping or parking on a bridge;
dd) Going
in groups in a manner that obstructs the traffic, except for the cases
permitted by competent authorities;
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g)
Failure to keep the vehicle to the right; going in the wrong lane or on the
sidewalk, unless for entering a house;
h)
Overtaking on the right side where prohibited;
i)
Entering a blocked road or restricted area; going against the traffic flow of a
one-way road or a road where a “no entry” sign is erected, except for emergency
vehicles on duty;
k) The
operator’s or passenger’s pulling or pushing another vehicle or item while
sitting on the vehicle; leading an animal or carrying a bulky object while
sitting on the vehicle; standing on the seat, the cargo bracket, or sitting on
the handle; loading cargo to the vehicle beyond permissible limits; towing
another vehicle or object;
l)
Exceeding the gross vehicle weight rating (GVWR) written on the Certificate of
vehicle registration (if the GVWR is stated);
m)
Disobeying the orders or instructions of the traffic conductor or traffic
guard.
5. A fine
of VND 500,000 - VND 1,000,000 shall be imposed upon a vehicle
operator who commits any of the following violations:
a)
Exceeding the speed limits by 10 km/h - 20 km/h;
b)
Entering a freeway, except for the vehicles serving the management and
maintenance of the freeway;
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d) Going
through a road tunnel without using the lower beam; overtaking at inappropriate
positions in a road tunnel; making a u-turn in a road tunnel;
dd)
Failure to yield to or obstructing emergency vehicles that are sending out
emergency signals;
e)
Stopping or parking at inappropriate positions in a road tunnel.
6. A fine
of VND 1,000,000 - VND 2,000,000 shall be imposed upon a person
operating a vehicle while BAC exceeds 50 - 80 mg per 100 ml of blood, or BrAC
exceed 0.25 - 0.4 mg per liter of breath;
7. A fine
of VND 2,000,000 - VND 3,000,000 shall be imposed upon a vehicle
operator who commits any of the following violations:
a)
Letting the side stand or other objects touching against the road while
running;
b)
Causing accidents due to lack of observation or speeding; causing accidents due
to illegal overtaking or lane changing;
c)
Failure to stop, protect the scene, inform the authority, or give first aid to
the victim after causing an accident.
8. A fine
of VND 3,000,000 - VND 4,000,000 shall be imposed upon a vehicle
operator who commits any of the following violations:
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b)
Disobeying a law enforcement officer’s order for alcohol or drug testing;
c)
Operating the vehicle while BAC exceeds 80 mg per 100 ml of blood or BrAC
exceeds 0.4 mg per liter of breath.
9. A fine
of VND 5,000,000 - VND 7,000,000 shall be imposed upon a vehicle
operator who commits any of the following violations:
a)
Release both hands while operating the vehicle; steering with the legs; sitting
on one side to operate the vehicle; lying on the seat while operating the
vehicle; swapping positions while operating the vehicle; turning the whole body
to the back or wearing a blind fold while operating the vehicle;
b)
Weaving on public roads whether inside or outside an urban area;
c)
Running on one wheel (or two wheel if the vehicle is a motor tricycle);
d)
Exceeding the speed limits in a group of 02 vehicles or more;
10. A
fine of VND 10,000,000 - VND 14,000,000 shall be imposed upon an
operator who commits any of the violations specified in Clause 9 of this Article
and causes a traffic accident or fails to stop on a law enforcement officer’s
order.
11. The
driving license shall be suspended for 22 - 24 months (if any) or A fine of
VND 3,000,000 - VND 4,000,000 shall be imposed (if the operator does
not have a driving license or his driving license is under suspension) for
operating a vehicle on public roads under the influence of drugs.
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a) The
violation(s) specified in Point g Clause 3 of this Article shall lead to
confiscation of the warning device installed illegally;
b) The
violation(s) specified in Point b, Point c, Point i, Point m Clause 4; Point b,
Point dd Clause 5; Clause 6; Point a Clause 7; Point a Clause 8 of this Article
shall lead to suspension of the driving license for 1 – 3 months;
c) The
violation(s) specified in Point b, Point c Clause 7; Clause 9 of this Article
shall lead to suspension of the driving license for 2 – 4 months; re-commission
of the violation specified in Clause 9 of this Article shall lead to suspension
of the driving license for 3 – 5 months or confiscation of the vehicle. The
violation(s) specified in Point a, Point c, Point d, Point dd, Point e, Point
g, Point h, Point i Clause 1; Point b, Point c, Point d, Point dd, Point h
Clause 2; Point a, Point b, Point dd, Point g, Point h, Point m, Point n, Point
o Clause 3; Point a, Point b, Point c, Point d, Point g, Point i, Point k,
Point m Clause 4; Point b, Point d, Point dd, Point e Clause 5 of this Article
that causes a traffic accident shall lead to suspension of the driving license
for 2 – 4 months;
d) The
violation(s) specified in Point b, Point c Clause 8; Clause 10 of this Article
shall lead to suspension of the driving license for 3 – 5 months.
Article 7. Penalties imposed upon operators of tractors and
heavy-duty vehicles (hereinafter referred to as vehicles) violating traffic
rules
1. A fine
of VND 80,000 - VND 100,000 shall be imposed for any of the following
violations:
a)
Disobeying road signs or road markings, except for the violations specified in
Point a, Point b, Point c, Point d, Point dd, Point e, Point i Clause 2; Point
a, Point b, Point c, Point dd Clause 3; Point a, Point b, Point d, Point dd,
Point g, Point i Clause 4; Point a, Point c Clause 5; Point c, Point d Clause
6; Point c Clause 7 of this Article;
b)
Turning without yielding to the pedestrians and wheelchairs of the disabled
that cross the street at crosswalks, or without yielding to non-motorized vehicles
running in the cycle lane.
c)
Turning without yielding to the oncoming vehicles, the pedestrians and
wheelchairs of the disabled that cross the street at other positions than
crosswalks.
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a) Making
an u-turn at a crosswalk, on a bridge, at a bridge approach, under an overpass
or underpass, on a narrow road, sloping road, or curved roads with poor
visibility, or where a “No u-turn” sign is erected;
b)
Reversing the vehicle on a one-way road or a road where a “no entry” sign No
u-turn” sign, where stopping is prohibited, at a crosswalk, at an intersection
with another road or railway, where view is blocked; reversing the vehicle
without observation or without signals;
c)
Dodging other vehicles improperly; failure to yield to oncoming vehicles where
the road is narrow, sloping, or obstructed;
d)
Stopping, parking on the roadway outside urban areas where the sidewalk is
spacious; stopping or parking away from the right curb where the sidewalk is
narrow or unavailable; stopping or parking at inappropriate positions where
parking positions are provided; parking on a slope without chocking the wheels;
stopping where a “No stopping and parking” sign No u-turn” sign; parking where
a “No parking” sign “or “No parking and stopping” sign No u-turn” sign, except
for the violations specified in Point d Clause 6 of this Article;
dd)
Stopping or parking on the left side of a one-way road, on a curved road or
near the top of the slope where view is blocked, on a bridge, under an
overpass, parallel to a stopping or parking vehicle, at an intersection within
05 m from the edge of the intersection, at a bus stop, in front of or within 05
m beside a gate of an organization that has car way, on a road that is wide
enough for only one lane; stopping or parking in a manner that block road
signs;
e)
Stopping or parking on the roadway against the law in urban area;; stopping on
the tramway or bus lane; stopping right above a manhole, cable duct opening, at
a fire hydrant or crosswalk; get out of the driving position or turning off the
engine while stopping; opening the door carelessly or leaving the door unsafely
open;
d)
Stopping or parking without signaling;
h)
Occupying part of the roadway when parking on the street without placing a
warning sign as prescribed, except for the violations specified in Point d
Clause 6 of this Article and parking at permissible positions;
i)
Parking on the sidewalk against the law.
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a)
Exceeding the speed limits by from 5 km/h to under 10 km/h;
b)
Entering a blocked road or a restricted area; going against the traffic flow on
a one-way road or a road where a “no entry” sign No u-turn” sign;
c)
Failure to keep the vehicle to the right; going in the wrong lane, except for
the violations specified in Point d Clause 4 of this Article;
d)
Continuously honking, revving the engine, using the high beam in the urban area
or residential area, except for emergency vehicles on duty;
dd)
Failure to yield to vehicles in the emergency lane or on the major road at an
intersection;
e)
Failure to turn on the lights or using insufficient lighting from 7 pm to 5 am
or in a foggy or bad weather when visibility is short; using the full beam when
facing oncoming vehicles;
g)
Operating a vehicle that involves in an accident without stopping the vehicle,
protecting the crash scene, or giving first aid to the victims, except for the
violations specified in Point b Clause 6 of this Article.
4. A fine
of VND 400,000 - VND 600,000 shall be imposed for any of the
following violations:
a)
Exceeding the speed limits by 10 km/h - 20 km/h;
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c)
Operating a vehicle under the influence of alcohol but BAC does not exceed 50
mg per 100 ml of blood or BrAC does not exceed 0.25 mg per liter of breath;
d)
Failure to obey the rules when entering or leaving the freeway; going in the
emergency lane or on the shoulder of the freeway; changing lanes on a freeway
at inappropriate positions or without signals; making an u-turn, reversing on
the freeway; failure to keep a safe following distance on the freeway;
dd)
Failure to obey the regulations on stopping or parking at intersections with
the railway; stopping or parking within the railway safety perimeter, except
for the violations specified in Point b Clause 2, Point b Clause 3 Article 48
hereof;
e)
Disobeying the orders or instructions of the traffic conductor or traffic
guard;
g)
Failure to obey the traffic lights;
h)
Failure to yield to or obstructing emergency vehicles on duty that are sending
out emergency signals;
i) Making
a u-turn at an intersection with a railway;
5. A fine
of VND 800,000 - VND 1,000,000 shall be imposed for any of the
following violations:
a)
Failure to turn on the lights in a road tunnel; reversing or making a u-turn in
a road tunnel;
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c)
Stopping or parking at inappropriate positions in a road tunnel.
6. A fine
of VND 2,000,000 - VND 3,000,000 shall be imposed for any of the
following violations:
a)
Operating the vehicle while BAC exceeds 50 - 80 mg per 100 ml of blood, or BrAC
exceeds 0.25 - 0.4 mg per liter of breath;
b)
Failure to stop, protect the scene, inform the authority, or give first aid to
the victim after causing an accident;
c)
Exceeding the speed limits by more than 20 km/h;
d)
Failure to comply with regulations on stopping or parking on the freeway;
stopping, parking on the freeway without placing a warning sign as prescribed.
7. A fine
of VND 5,000,000 - VND 7,000,000 shall be imposed for any of the
following violations:
b)
Operating the vehicle while BAC exceeds 80 mg per 100 ml of blood, or BrAC
exceeds 0.4 mg per liter of breath;
b)
Disobeying a law enforcement officer’s order for alcohol or drug testing;
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8. The
violator shall have the license to drive tractors (of the tractor operator) or
the certificate of training in traffic rules (of the heavy-duty vehicle
operator) suspended for 22 - 24 months, or incur A fine of VND 5,000,000 -
VND 7,000,000 (if the license to drive tractors or certificate of training
is not available or is suspended) for operating such vehicle under the
influence of drugs.
9. Apart
from incurring fines, the violating operator shall also incur the following
additional penalties:
a) The
license to drive tractor (of the tractor operator) or the certificate of
training in traffic rules (of the heavy-duty vehicle operator) shall be suspended
for 1 – 3 months when any of the violations specified in Point c, Point d,
Point e, Point g Clause 4; Clause 5; Point a, Point c, Point d Clause 6; Point
c Clause 7 of this Article is committed;
b) The
license to drive tractor (of the tractor operator) or the certificate of
training in traffic rules (of the heavy-duty vehicle operator) shall be
suspended for 2 – 4 months if any of the violations specified in Clause 1;
Clause 2; Clause 3; Clause 4; Clause 5; Point a, Point c, Point d Clause 6;
Point c Clause 7 of this Article is committed and leads to a road accident, or
any of the violations specified in Point b Clause 6; Point a, Point b Clause 7
of this Article is committed.
Article 8. Penalties imposed upon operators and passengers
on bicycles, motored bicycles, and other non-motorized vehicles violating
traffic rules
1. A
warning or fine of from 50,000 - VND 60,000 shall be imposed for:
a)
Failure to keep the vehicle to the right; going in the wrong lane;
b)
Stopping suddenly; turning without signaling;
c)
Disobeying road signs or road markings, except for the violations specified in
Point b; Point h Clause 2; Point e Clause 4 of this Article;
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dd)
Stopping, parking on the roadway outside urban areas where sidewalks are
available;
e) Going
through a road tunnel without turning on the lights; making a u-turn in a road
tunnel; stopping or parking at inappropriate positions in a road tunnel;
g) Going
three abreast or more with bicycles, motored bicycles; going two abreast or
more with other non-motorized vehicles;
h) Using
an umbrella or cell phone while operating the bicycle or motored bicycle; using
an umbrella while sitting on the bicycle or motored bicycle;
i)
Operating a non-motorized vehicle at night without lights or reflectors.
2. A fine
of VND 60,000 - VND 80,000 shall be imposed upon a vehicle operator
who commits any of the following violations:
a)
Placing the vehicle on the roadway or sidewalk against the law; parking on the
roadway in a manner that obstructs the traffic; parking on the tramway or on
the bridge in a manner that obstructs the traffic;
b)
Failure to obey the regulations on stopping or parking at intersections with
the railway, except for the violations specified in Point b Clause 2, Point b
Clause 3 Article 48 hereof;
c)
Failure to allow other vehicles to overtake at their request when it is safe to
do so; preventing motor vehicles from overtaking; obstructing emergency
vehicles;
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dd)
Failure to yield to vehicles in the emergency lane or on the major road at an
intersection;
e)
Carrying more people than the legal limit, unless the person being carried
needs emergency care;
g)
Loading cargo to the vehicle beyond the legal limit; stacking goods unsafely or
in a manner that obstructs the traffic and block the operator’s view;
h)
Failure to comply with the traffic lights.
3. A fine
of VND 80,000 - VND 100,000 shall be imposed for any of the following
violations:
a)
Releasing both hands while operating a bicycle or motored bicycle; suddenly
making a turn in front of a moving motor vehicle; steering a bicycle or motored
bicycle with the legs;
b)
Disobeying the orders or instructions of the traffic conductor or traffic
guard;
c)
Pulling or pushing another vehicle or object or carrying bulky objects while
operating or sitting on the vehicle; towing another vehicle or object.
4. A fine
of VND 100,000 - VND 200,000 shall be imposed for any of the
following violations:
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b)
Running on one wheel (or two wheel if the vehicle is a tricycle);
c)
Failure to stop, protect the scene, inform the authority, or give first aid to
the victim after causing an accident;
d) The
operator or the passenger on the motored bicycle not wearing motorcycle helmets
properly or wearing helmets improperly;
dd)
Carrying a person on a motored bicycle who does not wear the motorcycle helmet
or does not wear the helmet properly, unless that person is a patient who needs
urgent medical care, a child under 06 years of age, or a criminal being
escorted;
e)
Entering a blocked road or restricted area; going against the traffic flow on a
one-way road or a road where a “no entry” sign No u-turn” sign.
5. A fine
of VND 400,000 - VND 600,000 shall be imposed upon any vehicle
operator who enters the freeway, except for the vehicles serving management and
maintenance of the freeway.
6. Apart
from incurring fines, the vehicle operator that recommits any of the violations
specified in Point a or Point b Clause 4 of this Article shall also have
his/her vehicle confiscated.
Article 9. Penalties imposed upon pedestrians violating
traffic rules
1. A
warning or fine of from 50,000 - VND 60,000 shall be imposed for:
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b)
Disobeying traffic lights, road signs, or road markings;
c)
Disobeying the orders or instructions of the traffic conductor or traffic
guard;
2. A fine
of VND 60,000 - VND 80,000 shall be imposed for any of the following
violations:
a)
Carrying bulky objects in a manner that obstructs the traffic;
b)
Crossing the median strip; crossing the street unsafely or at inappropriate
positions;
c)
Hanging from a moving vehicle;
3. A fine
of VND 100,000 - VND 200,000 shall be imposed upon any pedestrians
that walks on a freeway, except for the persons in charge of management and
maintenance of the freeway.
Article 10. Penalties imposed upon people riding, leading animals,
or operating of animal-powered vehicles violating traffic rules
1. A
warning or fine of from 50,000 - VND 60,000 shall be imposed for any of
the following violations:
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b) Disobeying
traffic lights, road signs, or road markings;
c)
Failure to clean up waste matters of animals on the street.
2. A fine
of VND 60,000 - VND 80,000 shall be imposed for any of the following
violations:
a) Riding
or leading animals on the wrong part of the street; taking them to a blocked
road, restricted area, or roadway;
b)
Allowing an animal to walk on public roads or cross the street by itself;
c) Going
two abreast or more;
d)
Leaving an animal drawing a vehicle without a rider;
dd) Using
a vehicle without signals.
3. A fine
of VND 80,000 - VND 100,000 shall be imposed for any of the following
violations:
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b)
Leading an animal while operating or sitting in/on a road vehicle;
c)
Loading cargo to the vehicle beyond the legal limit.
4. A fine
of VND 400,000 - VND 600,000 shall be imposed upon any person who
rides or leads an animal on a freeway or operates an animal-powered vehicle on
a freeway.
5. Apart
from incurring the penalties, the person that commits any of the violations
specified in Point c Clause 3 of this Article shall also be compelled to remove
the excess amount of cargo or rearrange the cargo properly.
Article 11. Penalties for other violations against traffic
rules
1. A fine
of VND 100,000 - VND 200,000 shall be imposed upon an individual,
VND 200,000 - VND 400,000 upon an organization that commits any of
the following violations:
a)
Gathering, sitting, lying on public roads in a manner that obstructs the traffic;
b)
Playing sports illegally on public roads; using roller skates, skateboards and
the like on the roadway.
2. A fine
of VND 200,000 - VND 400,000 shall be imposed upon an individual,
VND 400,000 - VND 800,000 upon an organization that places objects blocking
a road sign or traffic light.
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a)
Failure to assist a road accident victim on request;
b)
Throwing stones, dirt, or other objects at a vehicle running on public roads.
4. A fine
of VND 2,000,000 - VND 4,000,000 shall be imposed upon an individual,
VND 4,000,000 - VND 8,000,000 upon an organization that deliberately
muddles the crash scene, except for the violations specified in Point m Clause
2, Point b Clause 7 Article 5; Point e Clause 4, Point c Clause 7 Article 6;
Point g Clause 3, Point b Clause 6 Article 7; Point c Clause 4 Article 8
hereof.
5. A fine
of VND 4,000,000 - VND 6,000,000 shall be imposed upon an individual,
VND 8,000,000 - VND 12,000,000 upon an organization disobeys a law
enforcement officer’s order for inspection, except for the violations specified
in Point b, Point c Clause 9, Clause 10 Article 5; Point b Clause 8, Clause 10
Article 6; Point b Clause 7 Article 7; Point b Clause 6 Article 33 hereof.
6. A fine
of VND 6,000,000 - VND 8,000,000 shall be imposed upon an individual
that commits any of the following violations:
a)
Spreading nails or other pointed objects on public roads, spilling oil or other
slippery substances on public roads; stretching strings or placing obstacles on
public roads that threaten people and vehicles in traffic;
b)
Infringing upon the health or belongings of the victim or the culprit;
c) Taking
advantage of the accident to attack, threaten, inciting, harassing other
people, disturb the order, or obstruct the handling of the road collision.
7. Apart
from incurring fines, a vehicle operator that commits any of the violations
specified in Clause 5 of this Article shall also have his/her driving license
suspended for 1 - 3 months.
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SECTION 2. VIOLATIONS AGAINST REGULATIONS ON ROAD
INFRASTRUCTURE
Article 12. Penalties for violations against regulations on
the use of land area for road traffic
1. A fine
of VND 100,000 - VND 200,000 shall be imposed upon an individual,
VND 200,000 - VND 400,000 upon an organization that commits any of
the following violations:
a)
Hawking on the roadway or on the sidewalk where street vendors are prohibited,
except for the violations specified in Point c Clause 2, Point b Clause 4,
Point e Clause 5 of this Article;
b) Airing
out rice, straw, or other agricultural, forestry, aquaculture products on
public roads; placing a threshing machine on the roadway.
2. A fine
of VND 300,000 - VND 400,000 shall be imposed upon an individual,
VND 600,000 - VND 800,000 upon an organization that commits any of
the following violations:
a) Using
the land within the road safety corridor for farming purposes threatening the
safety of the road infrastructure and the traffic;
b)
Planting trees within the land area for road traffic blocking the view of road
users;
c)
Illegally occupying the median strip to place building materials or display,
sell goods, except for the violations specified in Point b Clause 4; Point d,
Point e Clause 5 of this Article;
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dd)
Dumping garbage or discharging sewage at inappropriate positions, except for
the violations specified in Point a, Point h Clause 5 of this Article; Clause
3, Clause 4 Article 20 hereof.
3. A fine
of VND 500,000 - VND 1,000,000 shall be imposed upon an individual,
VND 1,000,000 - VND 2,000,000 upon an organization that commits any
of the following violations:
a)
Holding artistic activities, sports competitions, parades, or festivals on the
street against the law;
b) Raising
an ornamental gate or other obstacles within the land area for road traffic
affecting road traffic safety and order;
c)
Illegally raising a banner within the land area for road traffic affecting road
traffic safety and order;
d)
Placing, hanging an advertising board within the land area for road traffic
outside urban areas, except for the violations specified in Point b Clause 7 of
this Article;
dd)
Occupying the median strip to provide parking services;
e)
Illegally using land area for road traffic outside urban areas to repair
vehicles, machinery and equipment, wash vehicles, or pump water affecting road
traffic safety and order;
4. A fine
of VND 2,000,000 - VND 3,000,000 shall be imposed upon an individual,
VND 4,000,000 - VND 6,000,000 upon an organization that commits any
of the following violations:
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b)
Holding market; selling food and drink; displaying and selling goods placing
signboards; repairing vehicles, machinery and equipment; washing vehicles;
placing a signboard or advertising board; building or placing a platform;
raising a roof or doing other activities on the roadway or sidewalk in a manner
that obstructs the traffic, except for the violations specified in Point d,
Point dd, Point e, Point g Clause 5; Clause 6; Point a Clause 7 of this
Article;
c)
Illegally occupying less than 5 m2 of the roadway or sidewalk within
an urban area to provide parking services;
d)
Illegally occupying less than 20 m2 of the roadway or sidewalk
outside urban areas to provide parking services.
5. A fine
of VND 4,000,000 - VND 6,000,000 shall be imposed upon an individual,
VND 8,000,000 - VND 12,000,000 upon an organization that commits any
of the following violations:
a)
Dumping, placing materials or wastes within the land area for road traffic,
except for the violations specified in Clause 3, Clause 4 of Article 20 hereof;
b)
Digging, leveling land within the road safety corridor, land area along the
sides of the road dedicated to management, maintenance or protection or road
infrastructure without permission;
c) Adding
irrelevant information to road signs without permission;
d)
Illegally using land for road traffic or road safety corridor to store goods,
building materials, machinery, equipment, or other objects;
dd)
Erecting a booth, tent, or other kinds of temporary works in the road tunnel,
overpass, pedestrian overpass or underpass, or under the overpass;
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g)
Illegally occupying from 5 m2 to under 10 m2 of the
roadway or sidewalk to provide parking services;
h)
Discharging sewage from a construction site to the street;
i)
Illegally occupying ≥ 20 m2 of the roadway or sidewalk outside urban
areas to provide parking services.
6. A fine
of VND 6,000,000 - VND 8,000,000 shall be imposed upon an individual,
VND 12,000,000 - VND 16,000,000 upon an organization that illegally
occupies from 10 m2 to under 20 m2 of the roadway or
sidewalk within an urban area to provide parking services.
7. A fine
of VND 10,000,000 - VND 15,000,000 shall be imposed upon an
individual, VND 20,000,000 - VND 30,000,000 upon an organization that
commits any of the following violations:
a)
Illegally occupying ≥ 20 m2 of the roadway or sidewalk in an urban
area to provide parking services;
b)
Erecting an advertising board within the road safety corridor without written
approval by competent authorities; Erecting an advertising board on the a side
of the road which is dedicated to management, maintenance, or protection of
road infrastructure.
8. A fine
of VND 15,000,000 - VND 20,000,000 shall be imposed upon an
individual, VND 30,000,000 - VND 40,000,000 upon an organization that
commits any of the following violations:
a)
Illegally building a house or permanent work within the land area for road
traffic;
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9. Apart
from the penalties, the individual or organization that commits any of the
violations specified in Clause 1, Clause 2, Clause 3, Clause 4, Clause 5,
Clause 6, Clause 7, Clause 8 of this Article shall also be compelled to remove
the illegal construction, advertising board or tree; collect the garbage,
illegal materials, wastes, machinery, equipment and other objects, and recover
the original condition that has been changed by the violation.
Article 13. Penalties for violations against regulations on
construction and maintenance of works within the land area for road traffic
1. A fine
of VND 1,000,000 - VND 3,000,000 shall be imposed upon an individual,
VND 2,000,000 - VND 6,000,000 upon an organization that commits any
of the following violations:
a)
Executing construction within the land area for road traffic against a license
for construction or agreement of a competent authority, except for the
violations specified in Clause 2, Point a Clause 3, Clause 4 of this Article;
b)
Executing construction on an operating road without erecting warning signs or
erecting signs that do not contain sufficient information;
c)
Failure to appoint people to control the traffic if the construction site is
located at a narrow road, the end of a bridge or tunnel;
d)
Placing building materials or equipment outside the construction site in a manner
that obstructs the traffic;
dd)
Failure to remove the signs, fences, building equipment, materials, or failure
to restore the original condition of the road (roadway, sidewalk, and the land
area at the sides of the road dedicated to management, maintenance, and
protection or work constructions) after the construction is completed.
2. A fine
of VND 3,000,000 - VND 5,000,000 shall be imposed upon an individual,
VND 6,000,000 - VND 10,000,000 upon an organization that commits any
of the following violations:
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b)
Executing construction on an operating road without taking any measure for
ensuring continuous traffic and thus causing serious traffic congestion.
3. A fine
of VND 5,000,000 - VND 7,000,000 shall be imposed upon an individual,
VND 10,000,000 - VND 14,000,000 upon an organization that commits any
of the following violations:
a)
Executing construction on an operating road without placing adequate warning
signs, markings and fences; failure to put red lights at two ends of the road
segment under construction;
b)
Executing construction within the land area for road traffic without a license
for construction or agreement with a competent authority, except for the
violations specified in Point a Clause 2 of this Article.
4. A fine
of VND 10,000,000 - VND 15,000,000 shall be imposed upon an
individual, VND 20,000,000 - VND 30,000,000 upon an organization that
commits any of the following violations:
a)
Executing construction on an urban road against the construction plan or behind
schedule;
b)
Executing construction on an operating road without taking adequate measures to
ensure traffic safety as prescribed and thus causing a traffic accident;
c)
Executing construction on an operating road without placing any warning signs,
markings and fences, except for the violations specified in Point a Clause 3 of
this Article.
5. Apart
from incurring fines, the organization or individual that commits any of the
violations specified in Point a Clause 1, Point b Clause 2, Point a Clause 3 of
this Article shall also be suspended from construction or has the construction
license (if any) suspended for 1 – 3 months.
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a) Take
measures to ensure safe traffic in case of commission of any of the violations
specified in Point a, Point b, Point c Clause 1; Clause 2; Clause 3; Clause 4
of this Article;
b) Take
measures to ensure safe traffic and restore the original condition which is
changed by the violations in case of commission of any of the violations
specified in Point d and Point dd Clause 1 of this Article.
Article 14. Penalties for violations against regulations on
bus stations, parking lots, rest stops, and tollbooths
1. A fine
of VND 15,000,000 - VND 20,000,000 shall be imposed upon an
individual, VND 30,000,000 - VND 40,000,000 upon an organization that
commits any of the following violations:
a)
Establishing or building a bus station, parking lot, rest stop, or tollbooth
against the planning or without approval by a competent authority;
b)
Building a bus station, parking lot, rest stop, or tollbooth that fails to meet
technical standards or is inconsistent with the approved design.
2. Apart
from the penalties, the violator shall be compelled to:
a) Remove
the illegal construction and restore the original condition in case of commission
of any of the violations specified in Point a Clause 1 of this Article;
b)
Rebuild the bus station, parking lot, rest stop, or tollbooth that in
accordance with the approved design to meet the technical standards in case of commission
of any of the violations specified in Point b Clause 1 of this Article.
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1. A fine
of VND 60,000 - VND 100,000 shall be imposed upon an individual that
commits any of the following violations:
a)
Herding animals at the road slopes; tying animals to the trees along the road,
to a milestone, road sign, fence, or any ancillary work of the road;
b)
Climbing the abutment, pier, or girder of the bridge without permission.
2. A fine
of VND 200,000 - VND 300,000 shall be imposed upon an individual,
VND 400,000 - VND 600,000 upon an organization that commits any of
the following violations:
a)
Setting fire on a bridge or under a bridge without permission; anchoring the
boat or ship under a bridge or within the safety corridor of a bridge;
b)
Illegally embanking and pumping water onto the roadway; placing pipes across
the road to pump water or sand, setting fire of public roads without
permission.
3. A fine
of VND 3,000,000 - VND 5,000,000 shall be imposed upon the
organization responsible for management, operation, maintenance of road
infrastructure that commits any of the following violations:
a)
Failure to replace or repair the danger signs that are lost or damaged; failure
to repair damaged road infrastructure threatening road traffic safety;
b)
Failure to discover and report illegal occupation of the road safety corridor,
land area along the sides of the road serving management, maintenance or
protection or road infrastructure;
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d)
Failure to establish procedures for road management, operation, maintenance or
failure to comply with approved procedures for road management, operation,
maintenance
4. A fine
of VND 3,000,000 - VND 5,000,000 shall be imposed upon an individual,
VND 6,000,000 - VND 10,000,000 upon an organization that commits any
of the following violations:
a)
Delaying moving the illegal construction, house, or booth, whether deliberately
or unintentionally, that obstructs land clearance serving the construction,
expansion, improvement, and protection of road infrastructure under a decision
of a competent authority;
b)
Damaging or disabling the drainage system of road infrastructure, except for
the violations specified in Clause 5 of this Article;
c)
Removing, moving, placing, or falsifying road signs, traffic lights, fences,
milestones, road markings, protective walls, structures, or other parts of
infrastructure without permission;
d)
Dismantling, removing curbs without permission; illegally repairing or
renovating the sidewalk; except for the violations specified in Point a, Point
c Clause 5 of this Article.
5. A fine
of VND 5,000,000 - VND 7,000,000 shall be imposed upon an individual,
VND 10,000,000 - VND 14,000,000 upon an organization that commits any
of the following violations:
a)
Illegally drilling, digging, cutting the road or the sidewalk;
b)
Removing the median strip, convex mirrors, and safety works and equipment of
public roads without permission, except for the violations specified in Point c
Clause 4 of this Article;
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d)
Illegally setting of a blast, extracting earth, sand, stone, gravel, or other
minerals that affect the road infrastructure;
dd)
Spreading, spilling chemicals damaging road infrastructure.
6. A fine
of VND 8,000,000 - VND 10,000,000 shall be imposed upon an
organization collecting toll that commits any of the following violations:
a) There
are >100 - 150 vehicles in the queue in a toll lane, or the total queue
length (from the toll booth to the last vehicle in the queue) is 750 – 1,000 m;
b) The
waiting time of a vehicle is >10 - 20 minutes.
7. A fine
of VND 10,000,000 - VND 20,000,000 shall be imposed upon an
organization collecting toll that commits any of the following violations:
a) There
are >150 - 200 vehicles in the queue in a toll lane, or the total queue
length (from the toll booth to the last vehicle in the queue) is >1,000 –
2,000 m;
b) The
waiting time of a vehicle is >20 - 30 minutes.
8. A fine
of VND 30,000,000 - VND 40,000,000 shall be imposed upon an
organization collecting toll that commits any of the following violations:
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b) The
waiting time of a vehicle is over 30 minutes.
9. A fine
of VND 50,000,000 - VND 70,000,000 shall be imposed upon an
organization collecting toll commits any of the violations specified in Clause
6, Clause 7, Clause 8 of this Article and fails to comply with the request of a
competent authority for implementation of solutions for resolving traffic
congestion at the toll booth.
10. Apart
from the penalties, the violator shall be compelled to:
a)
Replace or repair the lost or damaged road signs, repair damage road
infrastructure in case of commission of any of the violations specified in
Point a Clause 3 of this Article;
b)
Restore the original condition in case of commission of any of the violations
specified in Point b Clause 2; Point b and Point c Clause 4; Clause 5 of this
Article.
SECTION 3. VIOLATIONS AGAINST REGULATIONS APPLIED TO
VEHICLES RUNNING ON PUBLIC ROAD
Article 16. Penalties imposed upon by operators of cars and
car-like vehicles (including the trailers or semi-trailers being towed)
violating regulations on roadworthiness of vehicles
1. A fine
of VND 100,000 - VND 200,000 shall be imposed for operating a car
without a windshield or without an intact and functional one (for vehicles
having a windshield).
2. A fine
of VND 300,000 - VND 400,000 shall be imposed for any of the
following violations:
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b)
Operating a vehicle without a horn or without a functional one;
c)
Operating a vehicle without a sound or smoke suppression device or a functional
one or without one that meets environmental requirements in terms of exhaust
and noise.
3. A fine
of VND 800,000 - VND 1,000,000 shall be imposed for any of the
following violations:
a)
Operating a vehicle with an additional headlamp towards the back;
b)
Operating a vehicle with a steering system that fails to meet technical
standards;
c)
Operating a vehicle without an adequate quantity of license plates, or the
license plates are installed at wrong positions; or the letters and numbers on
which are not clear; or with a license plate that is bent, blocked, or damaged;
d)
Operating a vehicle without sufficient wheels or tires; or the sizes of the
wheels or tires do not fit or not comply with technical standards;
dd)
Operating a truck whose cargo container size does not comply with the
manufacturer’s design or a modified designed approved by a competent authority;
operating a passenger car with added or removed seats/beds.
4. A fine
of VND 2,000,000 - VND 3,000,000 shall be imposed for any of the
following violations:
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b)
Operating a vehicle without a license plate (if required);
c)
Operating a vehicle with certificate of technical and environmental safety or
stamp of technical and environmental safety (if required) that has expired for
less than 01 month (including those for trailers and semi-trailer);
d)
Installing or using a horn the loudness of which is beyond legal limit on the
vehicle;
dd)
Operating a vehicle without a decent or functional and conformable brake
system.
5. A fine
of VND 4,000,000 - VND 6,000,000 shall be imposed for any of the
following violations:
a)
Operating a temporarily registered vehicle beyond its temporary operational
period; operating a restricted vehicle beyond its permissible operating area;
b)
Operating a vehicle beyond its maximum service life (if limited);
c)
Operating an illegally manufactured or assembled vehicle on public road
(including modified farm vehicles banned from traffic);
d)
Operating a vehicle whose license plate is not consistent with the certificate
of registration, or whose a license plate is not issued by a competent
authority;
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e)
Operating a vehicle without a certificate of technical and environmental safety
or stamp of technical and environmental safety (if required, except for
temporarily registered vehicles) or with one that has expired for 01 month or
more (including those for trailers and semi-trailer);
6. Apart
from incurring fines, the violating operator shall also incur the following
additional penalties:
a) The
driving license shall be suspended for 1 – 3 months in case of commission of any
of the violations specified in Point a, Point b Clause 3; Clause 4; Point e
Clause 5 of this Article;
b) The
illegal lamps or horns shall be confiscated in case of commission of any of the
violations specified in Point a Clause 3, Point d Clause 4 of this Article;
c) The
Certificate of technical and environmental safety or stamp of technical and
environmental safety, the Certificate of vehicle registration, or the license plate
that is not issued by a competent authority shall be confiscated; the driving
license shall be suspended for 1 -3 month in case of commission of any of the
violations specified in Point d or Point dd Clause 5 of this Article;
d) The
vehicle shall be confiscated and the driving license shall be suspended for 1 –
3 months in case of commission of any of the violations specified in Point b,
Point c Clause 5 of this Article.
7. Apart
from the penalties, the violator shall be compelled to:
a)
Install conformable equipment and remove unconformable equipment in case of commission
of any of the violations specified in Clause 1; Clause 2; Point c, Point d,
Point dd Clause 3 of this Article;
b)
Restore the technical functions of the equipment; install conformable equipment
in case of commission of any of the violations specified in Point b Clause 3 or
Point dd Clause 4 of this Article;
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Article 17. Penalties imposed upon by operators of mopeds
and motorcycles (including electric motorcycles) and motorcycle-like vehicles
violating regulations on roadworthiness of vehicles running on public roads
1. A fine
of VND 80,000 - VND 100,000 shall be imposed for any of the following
violations:
a)
Operating the vehicle without a horn, plate lamp, brake lamp, or a mirror on
the left, or without a functional one;
b)
Operating a vehicle whose license plate is improperly positioned or the letters
and numbers on the plate are not clear; operating a vehicle with a bent,
blocked, or damaged license plate;
c)
Operating a vehicle without turn signals or without functional ones.
2. A fine
of VND 100,000 - VND 200,000 shall be imposed for any of the
following violations:
a) Using
an inappropriate horn for the type of vehicle;
b)
Operating a vehicle without a sound or smoke suppression system or without one
that meets environmental requirements with regard to exhaust and noise;
c)
Operating a vehicle without a lamp with lower beam and a high beam, or without
a functional and conformable one;
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dd)
Operating a vehicle with an additional headlamp towards the back.
3. A fine
of VND 300,000 - VND 400,000 shall be imposed for any of the
following violations:
a)
Operating a vehicle without a certificate of vehicle registration;
b) Using
a Certificate of vehicle registration that is falsified, or not consistent with
the chassis number or engine number, or not issued by a competent authority;
c)
Operating a vehicle without a license plate (if required); or the license plate
of which is not consistent with the Certificate of vehicle registration or not
issued by a competent authority;
4. A fine
of VND 800,000 - VND 1,000,000 shall be imposed for any of the
following violations:
a)
Operating a temporarily registered vehicle beyond its temporary operational
period or operating area;
b)
Operating an illegally manufactured or assembled vehicle on public roads.
5. Apart
from incurring fines, the violating operator shall also incur the following
additional penalties:
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b) The
unconformable Certificate of vehicle registration or license plate shall be
confiscated in case of commission of any of the violations specified in Point
b, Point c Clause 3 of this Article;
c) The
driving license shall be suspended for 1 – 3 months in case of commission of the
violation specified in Point a Clause 4 of this Article;
d) The
vehicle shall be confiscated and the driving license shall be suspended for 1 –
3 months in case of commission of the violation specified in Point b Clause 4
of this Article.
Article 18. Penalties imposed upon operators of
non-motorized vehicles violating regulations on roadworthiness of vehicles
running on public roads
1. A
warning or a fine of VND 50,000 - VND 60,000 shall be imposed for
operating a vehicle without registration or without a license plate (if
required).
2. A fine
of VND 60,000 - VND 100,000 shall be imposed for any of the following
violations:
c)
Operating a vehicle without a brake system or without a functional one;
b)
Carrying passengers or cargo on a non-motorized vehicle that fails to meet
local convenience and hygiene standards.
Article 19. Penalties imposed upon operators of tractors
and heavy-duty vehicles violating regulations on roadworthiness of vehicles
running on public roads
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a)
Operating a vehicle without the Certificate of vehicle registration; operating
a vehicle whose license plate is installed at a proper position or not issued
by a competent authority;
b)
Operating a vehicle without a brake system or without one that meets technical
standards; operating a vehicle with a steering system that fails to meet
technical standards;
c)
Operating the vehicle whose specialized equipment is not installed in place or
not safe while the vehicle is moving;
d)
Operating a vehicle without sufficient lights, without a sound or smoke
suppression device or without one that is functional or meets environmental
requirements in terms of exhaust and noise;
dd) Operating
a vehicle with a certificate of technical and environmental safety or stamp of
technical and environmental safety that has expired for less than 01 month.
2. A fine
of VND 1,000,000 - VND 2,000,000 shall be imposed for any of the
following violations:
a)
Operating a vehicle beyond the permissible area;
b)
Operating an illegally manufactured, assembled, or modified tractor or
heavy-duty vehicle on public roads;
c)
Operating a vehicle without a certificate of technical and environmental safety
or stamp of technical and environmental safety (if required, except for
temporarily registered vehicles) or with one that has expired for 01 month or
more.
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a) The
vehicle shall be confiscated in case of commission of the violation specified
in Point b Clause 2 of this Article;
b) The
license to drive tractor (of the tractor operator) or the certificate of
training in traffic rules (of the heavy-duty vehicle operator) shall be
suspended for 1 – 3 months in case of commission of any of the violations
specified in Point dd Clause 1; Point b, Point c Clause 2 of this Article.
4. Apart
from incurring penalties, the vehicle operator that commits any of the
violations specified in Point b, Point c, Point d Clause 1 of this Article
shall be compelled to install sufficient equipment or restore the technical
functions of the equipment, or replace it with those that meet technical
standards.
Article 20. Penalties incurred by operators of cars,
tractors and car-like vehicles violations against regulations on environmental
protection
1. A
warning or a fine of VND 50,000 - VND 100,000 shall be imposed for
operating a vehicle that fails to meet hygienic requirements in urban areas.
2. A fine
of VND 1,000,000 - VND 3,000,000 shall be imposed for any of the
following violations:
a)
Spilling oil or chemicals on public roads;
b)
Carrying break bulk cargo, wastes or building materials that are likely to be
spilled without a cover or an effective cover; spilling water from goods or
waste being carried threatening traffic safety and environmental hygiene;
c)
Dragging mud, dirt, sand, materials or other wastes on public roads threatening
traffic safety and environmental hygiene.
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4. A fine
of VND 10,000,000 - VND 15,000,000 shall be imposed upon a vehicle
operator who illegally dumping garbage, earth, sand, stones, materials, wastes
on public roads.
6. Apart
from incurring fines, a vehicle operator that commits the any of the violations
specified in Clause 3, Clause 4 of this Article shall also have his/her driving
license suspended for 1 - 3 months.
6. Apart
from the penalties, the vehicle operator that commits any of the violations
specified in Clause 1, Clause 2, Clause 3, Clause 4 of this Article shall be
compelled to clean up the materials, garbage, waste, and recover the original
condition that has been changed by the violation. Remedial measures shall be
taken if pollution is caused.
SECTION 4. VIOLATIONS AGAINST REGULATIONS ON ROAD VEHICLE
OPERATORS
Article 21. Penalties for violations against regulations on
qualification for operating motor vehicles
1. A
person from 14 to under 16 years of age that operates a moped, motorcycle or
motorcycle-like vehicle (including electric motorcycles), car, tractor or
car-like vehicle shall receive a warning.
2. A fine
of VND 80,000 - VND 120,000 shall be imposed upon:
a) Any
person operating a motorcycle or moped or a motorcycle-like vehicle without
carrying an unexpired Certificate of civil liability insurance for motor
vehicles;
b) Any
person operating a motorcycle or moped or a motorcycle-like vehicle without
carrying the Certificate of vehicle registration;
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3. A fine
of VND 200,000 - VND 400,000 shall be imposed upon:
a) Any
person operating a car, tractor or car-like vehicle without carrying a driving
license, except for the violations specified in Point c Clause 7 of this
Article;
b) Any
person operating a car, tractor or car-like vehicle without carrying the
Certificate of vehicle registration;
c) Any
person operating a car, tractor or car-like vehicle without carrying the certificate
of technical and environmental safety (if required).
4. A fine
of VND 400,000 - VND 600,000 shall be imposed for any of the
following violations:
a) Any
person from 16 to under 18 years of age operating a motorcycle with engine
displacement ≥ 50 cm3;
b) Any
person operating a car, tractor or car-like vehicle without an unexpired
Certificate of civil liability insurance for motor vehicles;
c) Any
person operating a car, tractor or car-like vehicle with a driving license that
has been expired for less than 06 months.
5. A fine
of VND 4,000,000 - VND 6,000,000 shall be imposed upon the an
operator of a motorcycle whose engine displacement is under 175 cm3
or a motorcycle-like vehicle who commits any of the following violations:
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b) Using
an international driving license issued by any of the Member States of the
Convention of Road Traffic 1968 (except for international driving licenses
issued by Vietnam’s authority) without carrying a national driving license.
6. A fine
of VND 1,200,000 - VND 3,000,000 shall be imposed upon a person from
16 to under 18 years of age that operates a car, tractor or car-like vehicle.
7. A fine
of VND 4,000,000 - VND 6,000,000 shall be imposed upon an operator of
a motorcycle whose engine displacement is ≥ 175 cm3, a car, a
tractor or a car-like vehicle who commits one of the following violations:
a) Using
a driving license that is not consistent with the type of vehicle being
operated or that has expired for 06 months or more;
b)
Failure to have a driving license or using a driving license that is not issued
by a competent authority, or using a falsified driving license;
c) Using
an international driving license issued by any of the Member States of the
Convention of Road Traffic 1968 (except for international driving licenses
issued by Vietnam’s authority) without carrying a national driving license.
8. Apart
from incurring fines, the vehicle operator that commits any of the violations
specified in Point a Clause 5, Point b Clause 7 of this Article shall also have
the driving license that is not issued by a competent authority or the
falsified driving license confiscated.
Article 22. Penalties for violations against regulations on
qualification for operating heavy-duty vehicles
1. A fine
of VND 100,000 - VND 200,000 shall be imposed upon:
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b) Any
person operating a heavy-duty vehicle without carrying a suitable driving
license or certificate of training in traffic rules;
c) Any
person operating a heavy-duty vehicle without carrying the Certificate of
vehicle registration;
d) Any
person operating a heavy-duty vehicle without carrying the certificate of
technical and environmental safety (if required).
2. A fine
of VND 600,000 - VND 1,000,000 shall be imposed for upon a person
operating a heavy-duty vehicle without obtaining an appropriate driving license
or certificate of training in traffic rules.
SECTION 5. VIOLATIONS AGAINST REGULATIONS ON ROAD TRANSPORT
Article 23. Penalties imposed upon operators of passenger
vehicles violating traffic rules
1. A fine
of VND 100,000 - VND 200,000 shall be imposed for any of the
following violations:
a)
Failure to instruct passengers to stand, sit, or lie in place;
b)
Failure to comply with regulations on turning on and off the “TAXI” light;
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2. A fine
of VND 400,000 - VND 600,000 shall be imposed upon the operator of a
passenger vehicle (except for buses) for each passenger carried beyond the
following permissible limits: ≥ 02 excess passengers on a 9 seater vehicle or
smaller, ≥ 03 excess passengers on a 10 - 15 seater vehicle; ≥ 04 excess
passengers on a 16 - 30 seater vehicle; ≥ 05 excess passengers on a vehicle
with more than 30 seats, except for the violations mentioned in Clause 4 of
this Article. Nevertheless, the total fine incurred by such operator shall not
exceed 40,000,000.
3. A fine
of VND 600,000 - VND 800,000 shall be imposed for any of the following
violations:
a)
Leaving the door open while the vehicle is running;
b)
Allowing the passengers to stay in the vehicle while the vehicle is entering or
leaving a barge or a floating bridge (except for weak and old people, the
disabled, and sick people);
c)
Failure to stick to the prescribed route;
d)
Allowing passengers to lie on hammocks in the vehicle or hang from the vehicle
while it is running;
dd)
Stacking luggage and goods unsafely; dropping luggage or goods from the
vehicle; placing goods in the passenger cabin;
e)
Carrying luggage or goods beyond the outer size of the vehicle;
g)
Carrying stinky goods on a passenger vehicle;
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i)
Selling tickets, collecting money, or receiving orders while operating a
tourist vehicle or contract-based passenger vehicle;
k)
Operating a taxi without a taximeter or using the taximeter against the rules
while transporting passengers;
l)
Operating a fixed-route vehicle without adhering to the route licensed by a
competent authority (if any);
m)
Operating a fixed-route passenger vehicle and collecting money without giving
tickets to passengers, or sell tickets at higher prices than prescribed rates.
4. A fine
of VND 1,000,000 - VND 2,000,000 shall be imposed upon the operator
of a passenger vehicle with routes longer than 300 km for each excess passenger
carried beyond the following permissible limits: ≥ 02 excess passengers on a 9
seater vehicle or smaller, ≥ 03 excess passengers on a 10 - 15 seater vehicle;
≥ 04 excess passengers on a 16 - 30 seater vehicle; ≥ 05 excess passengers on a
30 seater vehicle or bigger. Nevertheless, the total fine incurred by such
operator shall not exceed 40,000,000.
5. A fine
of VND 1,000,000 - VND 2,000,000 shall be imposed for any of the
following violations:
a)
Allowing passengers to get on or off the vehicle while it is running;
b)
Transferring passengers to another vehicle without their consents; threatening,
humiliating passengers; fighting over passengers; forcing passengers to use
services against their will;
c)
Forcing passengers to get off the vehicle to avoid inspection by law
enforcement officers;
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dd)
Picking up or disembarking passengers at improper places on fixed routes where
such places are already determined; disembarking passengers or stopping to
pickup or disembark passengers longer than permitted, except for the violations
specified in Clause 7 of this Article;
e)
Picking up or disembarking passengers where stopping or parking is prohibited
or at a curved segment where view is blocked, except for the violations
specified in Clause 7 of this Article;
g)
Operating a passenger vehicle without a GPS surveillance device (if required)
or without a functional one.
h)
Operating a tourist vehicle or contract-based passenger vehicle without a list
of passengers; carrying passengers not on the list; Failure to have or carry
the transport contract or a conformable one as prescribed;
i)
Transporting passengers along a fixed route without carrying a transport order
or one that has sufficient information and certified by both stations at the
route ends;
k)
Picking up or disembarking passengers at places not specified in the contract,
except for the violations specified in Clause 7 of this Article;
l)
Operating a fixed-route international passenger transport vehicle without a
list of passengers or carrying passengers not on the list; except for the
violations specified in Point c Clause 1 Article 35 hereof;
m)
Carrying luggage or cargo beyond the GVWR of the vehicle.
6. A fine
of VND 3,000,000 - VND 5,000,000 shall be imposed for any of the
following violations:
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b)
Carrying people on the hood, roof, or in the trunk;
c)
Attacking passengers physically;
d)
Operating the vehicle beyond time limits specified in Clause 1 Article 65 of
the Law on Road traffic;
dd)
Operating an international passenger transport vehicle without a badge or an
unexpired one or one issued by a competent authority;
e)
Operating an international passenger transport vehicle without a national
symbol or international transport badge or an unexpired one or one issued by a
competent authority.
7. A fine
of VND 5,000,000 - VND 6,000,000 shall be imposed upon a vehicle
operator who picks up or disembarks passengers on a freeway.
8. Apart
from incurring fines, the vehicle operator that commit the violations shall
also incur the following additional penalties:
a) The
driving license shall be suspended for 1 - 3 months in case of commission of any
of the violations specified in Clause 2, Clause 4 (exceeding the limit by 50% -
100%); Point c, Point d, Point e Clause 3; Point a, Point b, Point c, Point d,
Point dd, Point e, Point h, Point i, Point k, Point l, Point m Clause 5; Clause
6; Clause 7 of this Article;
v) The
driving license shall be suspended for 3 - 5 months in case of commission of any
of the violations specified in Clause 2, Clause 4 of this Article (exceeding
the limit by more than 100%);
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9. Apart
from the penalties, the violating vehicle operator shall be compelled to:
a)
Provide another vehicle to carry the excess passengers in case of commission of
any of the violations specified in Clause 2, Clause 4 of this Article (in case
of passenger transport);
b) Return
the illegal profit earned from committing the violation in case of commission
of the violation specified in Point m Clause 3 of this Article (in case of
charging beyond the limit).
Article 24. Penalties imposed upon operators of trucks,
tractors and or car-like vehicles transporting goods violating traffic rules
1. a) A
fine of VND 300,000 - VND 400,000 shall be imposed for failure to tie
cargo firmly where necessary; putting cargo on the roof; making the vehicle
imbalanced when loading cargo;
2. A fine
of VND 800,000 - VND 1,000,000 shall be imposed for any of the
following violations:
a)
Operating a vehicle (including trailers and semi-trailers) carrying cargo
beyond the maximum permissible payload written in the Corticated of technical
and environmental safety by >10% - 30% (for vehicles other than tanker
trucks) or by >20% - 30% (for tanker trucks);
b)
Putting cargo on the roof; stacking cargo beyond the width of the cargo
container; stacking goods longer than the length of the vehicle by more than
10%;
c)
Carrying passengers in the cargo container; allowing the passenger to sit or
lie on the roof or hang from the vehicle while it is running;
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3. A fine
of VND 1,000,000 - VND 2,000,000 shall be imposed for transporting
goods without a GPS surveillance device (if required) or a functional one.
4. A fine
of VND 2,000,000 - VND 3,000,000 shall be imposed for any of the
following violations:
a)
Driving a taxi truck without a taximeter or a properly installed one;
b)
Carrying cargo beyond the permissible height (for trucks, including trailers
and semi-trailers).
5. A fine
of VND 3,000,000 - VND 5,000,000 shall be imposed for any of the
following violations:
a)
Operating a vehicle (including trailers and semi-trailers) carrying cargo
beyond the maximum permissible payload written in the Corticated of technical
and environmental safety by >30% - 50%;
b)
Operating the vehicle beyond the time limits specified in Clause 1 Article 65
of the Law on Road traffic;
c)
Operating a vehicle a badge (if required) or an unexpired one or one issued by
a competent authority;
6. A fine
of VND 5,000,000 - VND 7,000,000 shall be imposed for operating a vehicle
(including trailers and semi-trailers) carrying cargo beyond the maximum
permissible payload written in the Corticated of technical and environmental
safety by >50% - 100%.
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8. A fine
of VND 8,000,000 - VND 12,000,000 shall be imposed for operating a
vehicle (including trailers and semi-trailers) carrying cargo beyond the
maximum permissible payload written in the Certificate of technical and
environmental safety by > 150%.
9. Apart
from incurring fines, the vehicle operator that commits the violations shall
also incur the following additional penalties:
a) The
driving license shall be suspended for 1 – 3 months in case of commission of any
of the violations specified in Point b, Point c Clause 2; Point b Clause 4;
Clause 5; Clause 6 of this Article;
b) The driving
license shall be suspended for 2 – 4 months in case of commission of the
violation specified in Clause 7 of this Article;
c) The
driving license shall be suspended for 3 – 5 months in case of commission of the
violation specified in Clause 8 of this Article;
d) The
badge that is expired or not issued by a competent authority shall be
confiscated in case of commission of the violation specified in Point c Clause
5 of this Article.
10. Apart
from incurring the penalties, the person that commits any of the violations
specified in Point a, Point b Clause 2; Point b Clause 4; Point a Clause 5;
Clause 6; Clause 7; Clause 8 of this Article shall also be compelled to remove
the amount of cargo exceeding the maximum permissible payload or size as
instructed by the law enforcement officers where the violation is discovered.
Article 25. Penalties imposed upon vehicle operators
violating regulations on transport of oversized cargo
1. A fine
of VND 1,000,000 - VND 2,000,000 shall be imposed for any of the
following violations:
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b)
Failure to comply with the License for transport, except for the violations
specified in Point b Clause 2 of this Article.
2. A fine
of VND 5,000,000 - VND 7,000,000 shall be imposed for any of the
following violations:
a)
Transporting oversized cargo without an license for transport or an unexpired
one or one issued by a competent authority;
b)
Transporting oversized cargo with an unexpired license for transport but the gross
vehicle weight (GVW) or outer size (after cargo is loaded) exceeds the limits
in the license for transport.
3. Apart
from incurring fines, the violator shall also incur the following additional
penalties:
a) The
driving license shall be suspended for 1 – 3 months in case of commission of any
of the violations specified in Clause 1, Clause 2 of this Article;
b) The
License for transport that is expired or not issued by a competent authority
shall be confiscated in case of commission of the violation specified in Point
a Clause 2 of this Article.
4. If the
road infrastructure is damaged by the violations specified in Clause 1 or
Clause 2 of this Article, the violator shall be compelled to repair the damage
apart from incurring the penalties.
Article 26. Penalties imposed upon vehicle operators
violating regulations on transport of pollutants and dangerous goods
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a)
Stopping or parking at crowded places, in residential areas, at important works
while transporting dangerous goods; transporting dangerous goods without danger
signs, except for the violations specified in Clause 2 of this Article;
b)
Transporting pollutants against the regulations on environment protection,
except for the violations mentioned in Clause 2 of this Article.
2. A fine
of VND 2,000,000 - VND 3,000,000 shall be imposed for transporting
dangerous goods without a license or against the license, except for the
violations specified in .Point a Clause 6 Article 23 hereof.
3. Apart
from incurring fines, a vehicle operator that commits the any of the violations
specified in Clause 1, Clause 2 of this Article shall also have his/her driving
license suspended for 1 - 3 months.
4. Apart
from incurring penalties, the vehicle operator that commits any of the
violations specified in Clause 1, Clause 2 of this Article shall be compelled
to comply with the regulations on transport of dangerous goods and environment
protection. Remedial measures shall be taken if pollution is caused.
Article 27. Penalties impose upon operators of garbage
trucks, vehicles transporting wastes, bulk cargo, or other goods violating
regulations on transport in urban areas
A fine of
VND 500,000 - VND 1,000,000 shall be imposed for the operating such
vehicle with adhering to the prescribed route, range, and time.
Article 28. Penalties for violations against regulations on
road transport and ancillary services for road transport
1. A fine
of VND 500,000 - VND 1,000,000 shall be imposed upon an individual,
VND 1,000,000 - VND 2,000,000 upon an organization that commits any
of the following violations:
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b)
Loading goods onto a vehicle without certifying the loading on the transport
order as prescribed.
2. A fine
of VND 1,000,000 - VND 2,000,000 shall be imposed upon an individual,
VND 2,000,000 - VND 4,000,000 upon an organization that commits any
of the following violations:
a)
Failure to put or failure to accurately and adequately put the name and phone
number of the transport service provider on the outer sides of the body or
doors of the passenger vehicle, except for the violations specified in Point dd
Clause 3 of this Article;
b)
Failure to put or failure to accurately and adequately put the name and phone
number of the cargo transport service provider, GVW, maximum permissible
payload, and GVWR on the door of the truck as prescribed;
c)
Failure to put or failure to accurately and adequately put the name and phone
number of the cargo transport service provider, GVW of the tractor, maximum
permissible payload, towing capacity on the door of the tractor as prescribed;
Failure to put or failure to accurately and adequately put the name and phone
number of the cargo transport service provider, maximum permissible payload,
and GVWR on the trailer or semi-trailer as prescribed;
d)
Failure to put or failure to accurately and adequately put the name and phone
number of the taxi truck service provider, the net weight of the vehicle, the
maximum permissible payload of the vehicle on the outer sides of the body or
doors of the taxi truck as prescribed;
dd)
Failure to put up or accurately and adequately put up the license plates;
luggage allowance, hotline number, and the text “tính mạng con người là trên
hết” on the passenger vehicle;
e)
Failure to number the passenger seats;
g) Using
another color than that registered with competent authority for the bus;
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i)
Failure to compile the profiles of the vehicle(s) and driver(s) as prescribed;
k)
Failure to provide periodic check-ups for drivers as prescribed;
l)
Loading goods onto a vehicle (including trailers and semi-trailers) beyond the
maximum permissible payload written in the Certificate of technical and
environmental safety by >50% - 100%.
3. A fine
of VND 2,000,000 - VND 3,000,000 shall be imposed upon an individual,
VND 4,000,000 - VND 6,000,000 upon an organization that commits any
of the following violations:
a)
Failure to establish a department to monitor safety conditions or to
maintaining such department;
b)
Failure to register and put up or accurately and adequately put up information
about the routes, starting points and destinations, charges, quality standards
of the transport services or ancillary services, except for the violations
specified in Point dd Clause 2 of this Article;
c) Using
a 10 seater vehicle or bigger as a passenger taxi;
d) Using
a vehicle as a taxi without a "TAXI" light or a functional one or one
that is fixed on the vehicle roof; failure to install a taximeter or a properly
installed one; failure to install an invoice-printing device connected to the
taximeter as prescribed.
dd) Using
a vehicle as a taxi without the logo or phone number or a correct one as
registered;
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g)
Employing drivers and attendants who are not trained in passenger transport and
road safety (if the type of transport requires that drivers and attendants be
so trained);
h)
Employing drivers and attendants without employment contracts;
i) Using
vehicles whose quality or service life fail to meet the conditions for the
registered type of transport services, except for the violations specified in
Point b Clause 5 Article 16 hereof;
k)
Employing unfit people to operate the transport business;
l) Using
the vehicles of cooperative members to provide transport services without
written agreements between such members and the cooperative; or using vehicles
that are not under their right to enjoyment to provide transport services;
m) The quantity
of vehicles is not adequate for the registered business; no parking space
available;
n) The
information in the transport order is not completely certified by the station
or not certified at all, or the transport order is certified while the vehicle
is not present at the station;
o)
Failure to notify content of the passenger transport contract to the Provincial
Department of Transport before executing such contract;
p) Using
02 or more transport contracts for one trip of tourist transport or contract-based
passenger transport;
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4. A fine
of VND 3,000,000 - VND 4,000,000 shall be imposed upon an individual,
VND 6,000,000 - VND 8,000,000 upon an organization that commits any
of the following violations:
a)
Running a bus station, parking lot, or rest stop without permission by a
competent authority;
b)
Allowing the vehicles that are not suitable for passenger transports to pick up
passengers in the station;
c)
Failure to provide, update, retain, or manage information from GPS surveillance
devices;
d)
Failure to adhere to the registered routes, starting points and destinations,
charges, and service standards;
dd) Using
vehicles without GPS surveillance devices to provide transport services (if
required) or without functional or conformable ones;
e)
Loading goods onto a vehicle (including trailers and semi-trailers) beyond the
maximum permissible payload written in the Certificate of technical and
environmental safety by more than 100%.
5. A fine
of VND 7,000,000 - VND 10,000,000 shall be imposed upon an
individual, VND 14,000,000 - VND 20,000,000 upon an organization that
commits any of the following violations:
a)
Providing transport services by car without a License for transport services;
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c)
Establishing illegal stations;
d) Bus
station's failure to adhere to safety procedures for allowing vehicles to enter
and leave the station.
6. Apart
from incurring fines, the violator shall also incur the following additional
penalties:
a) The
badge of the violating vehicle shall be suspended for 1 - 3 months in case of commission
of any of the violations specified in Point b, Point d, Point dd, Point e,
Point g, Point h, Point i, Point l, Point o, Point p, Point q Clause 3; Point
d, Point dd Clause 4 of this Article;
b) The
License for transport services shall be suspended for 1 – 3 months in case of commission
of any of the violations specified in Point a Clause 3, Point b Clause 5 of
this Article.
7. Apart
from incurring penalties, the violator shall be compelled to:
a) Post
sufficient information; provide periodic check-ups and professional training for
drivers and attendants; install “TAXI” lights, taximeters, invoice-printing
devices, and GPS surveillance devices on the vehicles in case of commission of corresponding
violations specified in Point a, Point b, Point c, Point d, Point dd, Point k
Clause 2; Point b, Point d, Point dd, Point g Clause 3; Point c, Point dd
Clause 4 of this Article;
b) Return
the illegal profit earned from committing the violation in case of commission
of the violation specified in Point d Clause 4 of this Article (in case of
charging beyond the limit);
c) Remove
the excess cargo if the vehicle has not left the loading area in case of commission
of any of the violations specified in Point a Clause 1, Point l Clause 2, Point
e Clause 4 of this Article.
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Article 29. Penalties for illegal manufacture, assembly of
motor vehicles; illegal manufacture or sale of license plates
1. A fine
of VND 1,000,000 - VND 2,000,000 shall be imposed upon an individual,
VND 2,000,000 - VND 4,000,000 upon an organization that sells license
plates that are not manufactured or allowed by competent authorities.
2. A fine
of VND 3,000,000 - VND 5,000,000 shall be imposed upon an individual,
VND 6,000,000 - VND 10,000,000 upon an organization that illegally
manufactures or assembles motor vehicles.
3. Apart
from incurring fines, the violator that commits any of the violations specified
in Clause 1 or Clause 2 of this Article shall have the illegal license plates
or illegally manufactured or assembled vehicles confiscated.
4. If the
road infrastructure is damaged by the violations specified in Clause 1 or
Clause 2 of this Article, the violator shall be compelled to repair and restore
the original condition apart from incurring the penalties.
Article 30. Penalties imposed upon vehicle owners
1. For
owners of mopeds, motorcycles and motorcycle-like vehicles: A fine of
VND 200,000 - VND 400,000 shall be imposed upon an individual,
VND 200,000 - VND 400,000 upon an organization that commits any of
the following violations:
a)
Changing the brand name or color of the vehicle without permission (according
to the Certificate of vehicle registration);
b)
Failure to follow procedures for transferring the vehicle ownership when
buying, being given, allocated, or inherited a moped, motorcycle or
motorcycle-like vehicle.
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a) Using
windshields or windows made of glass other than safety glass;
b)
Changing the color of the vehicle without permission (according to the
Certificate of vehicle registration);
c)
Failure to comply with regulations on license plates and text on the vehicle;
except for the violations specified in Point a, Point b, Point c, Point d,
Point dd Clause 2 Article 28, Point b Clause 3 Article 37 hereof.
3. For
each passenger carried beyond the permissible limit, a fine of VND 400,000
- VND 600,000 shall be imposed upon an individual, VND 800,000 - VND
1,200,000 upon an organization that is the owner of a passenger vehicle (except
for buses) that directly operates the vehicle or requests/allows their employee
or representative to operate the vehicle committing the violation specified in
Clause 2 Article 23 of this Decree (nevertheless, the total fine incurred by
such individual shall not exceed 40,000,000; the total fine incurred by such
organization shall not exceed 80,000,000).
4. For
owners of mopeds, motorcycles and motorcycle-like vehicles: A fine of
VND 800,000 - VND 1,000,000 shall be imposed upon an individual,
VND 1,600,000 - VND 2,000,000 upon an organization that commits any
of the following violations:
a)
Changing the frame number or engine number without permission;
b)
Falsifying or forging the documents about vehicle registration;
c)
Changing the chassis, engine, shape, size, or functions of the vehicle;
d)
Providing false information or using fraudulent documents to apply for the
license plate or Certificate of vehicle registration;
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5. For
owners of cars, tractors, heavy-duty vehicles and car-like vehicles: A fine of
VND 1,000,000 - VND 2,000,000 shall be imposed upon an individual,
VND 2,000,000 - VND 4,000,000 upon an organization that fails to
follow procedures for transferring the vehicle ownership when buying, being
gifted, allocated, or inherited a car, tractor, heavy-duty vehicle or car-like
vehicle.
6. For
each passenger carried beyond the permissible limit, a fine of VND 1,000,000 -
VND 2,000,000 shall be imposed upon an individual, VND 2,000,000 - VND
4,000,000 upon an organization that is the owner of a passenger vehicle (except
for buses) that directly operates the vehicle or requests/allows their employee
or representative to operate the vehicle committing the violation specified in
Clause 4 Article 23 of this Decree (nevertheless, the total fine incurred by
such individual shall not exceed 40,000,000; the total fine incurred by such
organization shall not exceed 80,000,000).
7. For
owners of cars, tractors, heavy-duty vehicles and car-like vehicles: A fine of
VND 2,000,000 - VND 4,000,000 shall be imposed upon an individual,
VND 4,000,000 - VND 8,000,000 upon an organization that commits any
of the following violations:
a)
Changing the frame number or engine number without permission;
b)
Falsifying the Certificate of vehicle registration, vehicle registration
documents, or the Certificate of technical and environmental safety;
c)
Disobeying the order for confiscation of the Certificate of vehicle
registration or the Certificate of technical and environmental safety;
d)
Failure to apply for a replacement of the Certificate of vehicle registration
after the vehicle is modified;
dd)
Allowing an unqualified person according to Clause 1 Article 58 (for cars,
tractors, and car-like vehicles) or Clause 1 Article 62 of the Law on Road
traffic (for (heavy-duty vehicles) to operate the vehicle on public roads
(including those using an unexpired driving license);
e)
Providing false information or using fraudulent documents to apply for the
reissuance of the license plate, Certificate of vehicle registration, or
Certificate of technical and environmental safety;
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h)
Allowing an employee or representative to operate the vehicle committing any of
the violations specified in Point a Clause 2 Article 24 hereof, or directly
operating the vehicle committing any of the violations specified in Point a
Clause 2 Article 24 hereof;
i)
Allowing an employee or representative to operate the vehicle committing any of
the violations specified in Point b Clause 2 Article 24 hereof, or directly
operating the vehicle committing any of the violations specified in Point b
Clause 2 Article 24 hereof;
k)
Allowing an employee or representative to operate the vehicle committing any of
the violations specified in Clause 2 Article 33 hereof, or directly operating
the vehicle committing any of the violations specified in Clause 2 Article 33
hereof.
8. For
owners of cars, tractors, heavy-duty vehicles and car-like vehicles: A fine of
VND 4,000,000 - VND 6,000,000 shall be imposed upon an individual,
VND 8,000,000 - VND 12,000,000 upon an organization that commits any
of the following violations:
a) Using
hired or borrowed car parts and accessories during inspection;
b)
Operating a motor vehicle or heavy-duty vehicle on public roads with a
certificate of technical and environmental safety or stamp of technical and
environmental safety (if required) that has expired for less than 01 month
(including those for trailers and semi-trailer);
c)
Allowing an employee or representative to operate the vehicle committing any of
the violations specified in Point b Clause 4 Article 24 hereof, or directly
operating the vehicle committing any of the violations specified in Point b
Clause 4 Article 24 hereof;
d)
Allowing an employee or representative to operate the vehicle committing any of
the violations specified in Point d, Point dd Clause 6 Article 23; Point b,
Point c Clause 5 Article 24 hereof, or directly operating the vehicle
committing any of the violations specified in Point d, Point dd Clause 6
Article 23; Point b, Point c Clause 5 Article 24 hereof.
9. For
owners of cars, tractors, heavy-duty vehicles and car-like vehicles: A fine of
VND 6,000,000 - VND 8,000,000 shall be imposed upon an individual,
VND 12,000,000 - VND 16,000,000 upon an organization that commits any
of the following violations:
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b)
Transforming other types of vehicle into passenger vehicles;
c)
Operating a motor vehicle or heavy-duty vehicle on public roads without a
certificate of technical and environmental safety or stamp of technical and
environmental safety (if required) or with one that has expired for 01 month or
more (including those for trailers and semi-trailer);
d)
Allowing an employee or representative to operate the vehicle committing any of
the violations specified in Point a Clause 5 Article 24 hereof, or directly
operating the vehicle committing any of the violations specified in Point a
Clause 5 Article 24 hereof;
dd)
Allowing an employee or representative to operate the vehicle committing any of
the violations specified in Point b Clause 2 Article 25 hereof, or directly
operating the vehicle committing any of the violations specified in Point b
Clause 2 Article 25 hereof;
e)
Allowing an employee or representative to operate the vehicle committing any of
the violations specified in Clause 3, Point b Clause 4 Article 33 hereof, or
directly operating the vehicle committing any of the violations specified in
Clause 3, Point b Clause 4 Article 33 hereof.
10. For
owners of cars, tractors, heavy-duty vehicles and car-like vehicles: A fine of
VND 14,000,000 - VND 16,000,000 shall be imposed upon an individual,
VND 28,000,000 - VND 32,000,000 upon an organization that commits any
of the following violations:
a)
Allowing an employee or representative to operate the vehicle committing any of
the violations specified in Clause 6 Article 24 hereof, or directly operating
the vehicle committing any of the violations specified in Clause 6 Article 24
hereof;
b)
Allowing an employee or representative to operate the vehicle committing any of
the violations specified in Point a Clause 2 Article 25 hereof, or directly
operating the vehicle committing any of the violations specified in Point a
Clause 2 Article 25 hereof;
c)
Allowing an employee or representative to operate the vehicle committing any of
the violations specified in Point a Clause 4 Article 33 hereof, or directly
operating the vehicle committing any of the violations specified in Point a
Clause 4 Article 33 hereof.
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12. For
owners of cars, tractors, heavy-duty vehicles and car-like vehicles: A fine of
VND 18,000,000 - VND 20,000,000 shall be imposed upon an individual,
VND 36,000,000 - VND 40,000,000 upon an organization that commits any
of the following violations:
a)
Allowing an employee or representative to operate the vehicle committing any of
the violations specified in Clause 8 Article 24 hereof, or directly operating
the vehicle committing any of the violations specified in Clause 8 Article 24
hereof;
b)
Allowing an employee or representative to operate the vehicle committing any of
the violations specified in Clause 5 Article 33 hereof, or directly operating
the vehicle committing any of the violations specified in Clause 5 Article 33
hereof.
13. A
fine of VND 28,000,000 - VND 32,000,000 shall be imposed upon an
individual, VND 56,000,000 - VND 64,000,000 upon an organization that
is the owner of a car, tractor, heavy-duty vehicle, or car-like vehicle and
requests or allows an employee or representative to operate the vehicle
committing any of the violations specified in Point a Clause 6 Article 33
hereof, or directly operates the vehicle committing any of the violations
specified in Point a Clause 6 Article 33 hereof.
14. Apart
from incurring fines, the violator shall also incur the following additional
penalties:
a) The
license plate, Certificate of vehicle registration (reissued), fraudulent
documents shall be confiscated in case of commission of any of the violations
specified in Point b, Point d Clause 4; Point b, Point e Clause 7 of this
Article;
b) The
vehicle shall be confiscated in case of commission of the violation specified
in Point b Clause 9 of this Article;
c) The
vehicle owner who directly operates the vehicle committing any of the
violations specified in Point g, Point i Clause 7; Point b, Point c, Point d
Clause 8; Point c, Point d, Point dd, Point e Clause 9; Clause 10 of this
Article shall have his/her driving license (for motor vehicles) or certificate
of training in traffic rules (for heavy-duty vehicles) suspended for 1 – 3
months;
d) The
vehicle owner who directly operates the vehicle committing any of the
violations specified in Clause 11; Point b Clause 12 of this Article shall have
his/her driving license (for motor vehicles) or certificate of training in
traffic rules (for heavy-duty vehicles) suspended for 2 – 4 months;
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e) In
case of commission of any of the violations specified in Clause 3, Clause 6 of
this Article where the vehicle owner directly operates the vehicle carrying
more passengers than the legal limit by >50% - 100%, the driving license
shall be suspended for 1 – 3 months;
g) In
case of commission of any of the violations specified in Clause 3, Clause 6 of
this Article where the vehicle owner directly operates the vehicle carrying
more passengers than the legal limit by more than 100%, the driving license
shall be suspended for 3 – 5 months;
h) In
case of commission of any of the violations specified in Point h Clause 7,
Point d Clause 9, Point a Clause 10, Clause 11, Point a Clause 12 of this
Article where the cargo container or payload of the vehicle is not conformable,
the certificate of technical and environmental safety and stamp of technical
and environmental safety shall also be suspended for 1 – 3 months;
i) In
case of commission of any of the violations specified in Point a Clause 9 of
this Article, the certificate of technical and environmental safety and stamp
of technical and environmental safety shall be suspended for 1 – 3 months;
15. Apart
from incurring penalties, the violator shall be compelled to:
a)
Restore the brand name or color as written in the Certificate of vehicle
registration, comply with the regulations on license plates and text on the
vehicle in case of commission of any of the violations specified in Point a
Clause 1, Clause 2 of this Article;
b)
Restore the original shape, size or technical condition of the vehicle in case
of commission of any of the violations specified in Point a Clause 9 of this
Article;
c)
Restore original conditions of the cargo container, reapply for registration,
and adjust the permissible payload written on the certificate of technical and
environmental safety before the vehicle is used on public roads in case of commission
of any of the violations specified in Point h Clause 7, Point d Clause 9, Point
a Clause 10, Clause 11, Point a Clause 12 of this Article;
d)
Provide another vehicle to carry the excess passengers in case of commission of
any of the violations specified in Clause 3, Clause 6 of this Article (in case
of passenger transport);
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e) Repair
the any damage to road infrastructure caused by the violations in case of commission
of any of the violations specified in Point dd Clause 9, Point b Clause 10 of
this Article.
Article 31. Penalties imposed upon attendants on buses,
fixed-route passenger vehicles, contract-based passenger vehicles, and tourist
vehicles violating traffic rules
1. A
warning or fine of from 50,000 - VND 60,000 shall be imposed for any of
the following violations:
a)
Failure to help passengers that are children or the elderly that cannot get on
and off the vehicle themselves, the people suffering from mobility or visual
impairments;
b)
Failure to wear uniforms and name tags.
2. A fine
of VND 100,000 - VND 200,000 shall be imposed upon a bus attendant
that collects money without giving tickets to passengers, or sells tickets at
higher prices than prescribed rates.
3. A fine
of VND 300,000 - VND 400,000 shall be imposed upon an attendant on a
fixed-route passenger vehicle that collects money without giving tickets to
passengers, or sells tickets at higher prices than prescribed rates.
4. A fine
of VND 1,000,000 - VND 2,000,000 shall be imposed for any of the
following violations:
a)
Transfer passengers to another vehicle without their consent; threatening,
humiliating passengers; fighting over passengers; forcing passengers to use
services against their will;
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5. A fine
of VND 3,000,000 - VND 5,000,000 shall be imposed for attacking
passengers physically.
6. The
person committing any of the violations specified in Clause 2, Clause 3 of this
Article (overcharging passengers) shall be compelled to return the illegal
profit earned from committing the violation.
Article 32. Penalties imposed passengers violating traffic
rules
1. A fine
of VND 50,000 - VND 100,000 shall be imposed for any of the following
violations:
a)
Failure to follow the instructions on road safety of the driver and attendants;
b)
Disturb the order on the vehicle.
2. A fine
of VND 300,000 - VND 400,000 shall be imposed for any of the
following violations:
a)
Bringing hazardous, flammable explosive chemicals, dangerous goods, or
prohibited goods to the vehicle;
b)
Threatening, infringing upon the health or belongings of other people on the
vehicle;
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3. Apart
from incurring fines, the person that commit any of the violations specified in
Point a Clause 2 of this Article shall have the hazardous, flammable explosive
chemicals, dangerous goods, or prohibited goods that are brought on the
passenger vehicle confiscated.
Article 33. Penalties imposed upon operators of tracked
vehicles, the vehicles exceeding the capacity or dimensional limit of the
bridge or road (including passenger vehicles)
1. A fine
of VND 1,000,000 - VND 2,000,000 shall be imposed for failure to
comply with the License for transport, except for the violations specified in
Point a, Point b Clause 3; Point b Clause 4 of this Article.
2. A fine
of VND 2,000,000 - VND 3,000,000 shall be imposed for operating a
vehicle whose GVW exceeds the capacity of the bridge or road by >10% - 20%,
unless it is permitted in an unexpired license for transport.
3. A fine
of VND 3,000,000 - VND 5,000,000 shall be imposed for any of the
following violations:
a)
Carrying goods exceeding the dimensional limit of the bridge or road written in
the License for transport;
b)
Operating a tracked vehicle on public roads without a License for transport or
an unexpired one, or without taking measures to protect the road on which it is
running;
c)
Operating a vehicle whose size or cargo size exceeds the dimensional limit of
the bridge or road on which it is running, unless it is permitted in an
unexpired license for transport;
d)
Operating a vehicle whose GVW or gross axle weight (including cargo and
passengers thereof) exceeds the capacity of the bridge or road by >20% -
50%, unless it is permitted in an unexpired license for transport.
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a)
Operating a vehicle whose GVW or gross axle weight (including cargo and
passengers thereof) exceeds the capacity of the bridge or road by >50% -
100%, unless it is permitted in an unexpired license for transport;
b)
Operating a vehicle with an unexpired License for transport but the GVW or
gross axle weight of which (including cargo and passengers thereof) exceeds the
limit written in the License for transport.
5. A fine
of VND 7,000,000 - VND 8,000,000 shall be imposed for operating a vehicle
whose GVW or gross axle weight (including cargo and passengers thereof) exceeds
the capacity of the bridge or road by >100% - 150%, unless it is permitted
in an unexpired license for transport.
6. A fine
of VND 14,000,000 - VND 16,000,000 shall be imposed for any of the
following violations:
a)
Operating a vehicle whose GVW or gross axle weight (including cargo and
passengers thereof) exceeds the capacity of the bridge or road by more than
150%, unless it is permitted in an unexpired license for transport;
b)
Disobeying the order for weight or size inspection; transferring load or using
other tricks to pass the inspection.
7. Apart
from incurring fines, the vehicle operator that commits the violations shall
also incur the following additional penalties:
a) The
driving license (for cars, tractors, and car-like vehicles) or the certificate
of training in traffic rules (for heavy-duty vehicles) shall be suspended for 1
- 3 months in case of commission of any of the violations specified in Clause
1; Clause 3; Clause 4 of this Article;
b) The
driving license (for cars, tractors, and car-like vehicles) or the certificate
of training in traffic rules (for heavy-duty vehicles) shall be suspended for 2
- 4 months in case of commission of any of the violations specified in Clause 5
of this Article;
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8. Apart
from incurring the penalties, the vehicle operator that commits any of the
violations in Clause 1, Clause 2, Clause 3, Clause 4, Clause 5, Clause 6 of
this Article shall also be compelled to remove the excess load as instructed by
law enforcement officers where the violations is discovered, and repair any
damage to road infrastructure caused by the violation.
Article 34. Penalties imposed upon street racers and street
racing watchers
1. A fine
of VND 1,000,000 - VND 2,000,000 shall be imposed for any of the
following violations:
a)
Gathering to cheer, incite speeding, weaving, chasing, or street racing;
b)
Illegally racing bicycles, motored bicycles, tricycles, animal-powered
vehicles, or animals on public roads.
2. A fine
of VND 7,000,000 - VND 8,000,000 shall be imposed for illegally
racing motorcycles, mopeds, and electric motorcycles.
3. A fine
of VND 8,000,000 - VND 10,000,000 shall be imposed for illegally
racing cars.
4. Apart
from incurring fines, the vehicle operator that commits the violations shall
also incur the following additional penalties:
a) The
vehicle (except for animals) shall be confiscated in case of commission of the
violation specified in Point b Clause 1 of this Article;
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Article 35. Penalties imposed upon operators of motor
vehicles bearing foreign license plates
1. A fine
of VND 500,000 - VND 1,000,000 shall be imposed upon the operator of
a motor vehicle bearing a foreign license plate who commits any of the
following violations:
a)
Operating a vehicle without a symbol for nationality recognition;
b) The
vehicle documents are not translated into English or Vietnamese;
c)
Operating a passenger vehicle without a list of passengers.
2. A fine
of VND 3,000,000 - VND 5,000,000 shall be imposed for any of the
following violations:
a)
Operating the vehicle within Vietnam’s territory beyond the deadline;
b)
Operating the vehicle beyond permissible areas;
c)
Operating the vehicle without a license for international transport or
international shipping badge or without an unexpired one;
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dd)
Transporting passengers or cargo against concluded Agreements or Protocols on
road transport;
e)
Operating a right-hand drive vehicle or a foreigner’s vehicle in Vietnam on
public roads for tourism purposes without a guiding vehicle as prescribed;
g) The
nationality of the operator of the right-hand drive vehicle or a vehicle
bearing a foreign license plate is not correct.
3. Apart
from incurring penalties, the vehicle operator that commits any of the
violations in Point a, Point c, Point d, Point dd Clause 2 of this Article
shall be compelled to re-export the vehicle from Vietnam.
Article 36. Penalties imposed upon operators of vehicles
registered to be operated within in free trade zones and border checkpoint
economic zones
1. A fine
of VND 500,000 - VND 1,000,000 shall be imposed upon the operator of
a motorcycle, moped or motorcycle-like vehicle who commits any of the following
violations:
a)
Failure to present the declaration of temporarily imported road vehicles;
b)
Operating the vehicle without a badge or an unexpired one or one issued by a
competent authority.
2. A fine
of VND 3,000,000 - VND 5,000,000 shall be imposed upon the operators
of a car or car-like vehicle who commits any of the following violations:
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b)
Operating the vehicle without a badge or an unexpired one or one issued by a
competent authority.
3. Apart
from incurring fines, the vehicle operator that commits the violations shall
also incur the following additional penalties:
a) The
expired or invalid badge shall be confiscated in case of commission of any of
the violations specified in Point b Clause 1, Point b Clause 2 of this Article;
b) The
vehicle shall be confiscated in case of re-commission of any of the violations
specified in Clause 1, Clause 2 of this Article.
4. Apart
from incurring penalties, the vehicle operator that commits any of the
violations specified in Clause 1 and Clause 2 of this Article shall be
compelled to return the vehicle to the free trade zone or border checkpoint
economic zone.
Article 37. Penalties for violations against regulations on
driver training and driving test
1. A fine
of VND 600,000 - VND 800,000 shall be imposed upon the driving
instructor who commits any of the following violations:
a)
Allowing the learner who is not wearing the learner’s badge to drive the
instructional vehicle;
b)
Carrying passengers or cargo on the instructional vehicle against the law;
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d)
Failure to wear the instructor’s badge while teaching;
dd)
Failure to have a lesson plan or a suitable one.
2. A fine
of VND 1,000,000 - VND 2,000,000 shall be imposed upon a driver
training institution that commits any of the following violations:
a) Using
a vehicle without a roof or solid seat for learners as an instructional
vehicle;
b)
Failure to sign and finalize training contracts with learners; signing or
finalizing a training contract not bearing the learner’s signature.
3. A fine
of VND 3,000,000 - VND 5,000,000 shall be imposed upon:
a) The
driver training institution that fails to appoint an instructor to sit next to
the learner to assist in driving, or appoint an unqualified person as an
instructor;
b) The
driver training institution that uses an instructional vehicle without the
license for instructional vehicle or the “Tập lái” sign, fails to write the
name of the training institution and supervisory authority on the doors or both
sides of the vehicle;
c) The
driver training institution that uses an instructional vehicle without a twin
brake system or a working one;
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dd) The
driver training institution that does not have adequate driving instructors to
serve the training capacity written in the license for driver training;
e) The
driver training institution that fails to retain documents about the courses;
g) The
individual that provides false information or fraudulent documents to be
allowed to learn, take the test and to be granted the driving license or
certificate of training in traffic rules.
4. A fine
of VND 5,000,000 - VND 10,000,000 shall be imposed upon:
a) The
driver training institution that provides driver training beyond the capacity
written in the license for driver training;
b) The
driver training institution that provides driver training at a location other
than that written in the license for driver training;
c) The
driver training institution that provides driver training while the license for
driver training has expired;
d) The
driver training institution that allows more learners on an instructional
vehicle than the legal limit;
dd) The
driver training institution that fails to have adequate classrooms or
classrooms having adequate teaching materials;
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g) The
driver training institution that fails to have sufficient classes of
instructional vehicles to serve the training capacity written in the license
for driver training;
h) The
driving test center that fails to publicly post the testing charges and other
service charges as prescribed.
5. A fine
of VND 10,000,000 - VND 15,000,000 shall be imposed upon:
a) The
driver training institution that provides driver training in vehicle classes
other than those permitted;
b) The
driver training institution that provides driver training without a license for
driver training;
c) The
driver training institution that fails to adhere to the prescribed training
program;
d) The
driver training institution that issues Certificates of course completion or
certificates of basic training to learners against the rules;
dd) The
driving test center that fails to satisfy all requirements and standards;
e) The
driving test center that collects testing charges and other service charges
against the rules.
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a)
Changing or using the testing software, grading devices, and classes of testing
vehicles without approval by a competent authority;
b) Using
a computer having answers to the questions or connected to a network outside
the examination room during the driver knowledge test;
c) Using
inaccurate grading devices during the test; using improper markings or symbols
on the testing yard or testing vehicle during the test.
7. The
driving instructor that allows the learner to commit any of the violations
specified in Article 5 of this Decree shall incur a corresponding penalty for
such violation.
8. Apart
from incurring fines, the violator shall also incur the following additional
penalties:
a) The
driver training institution that commits any of the violations in Point a,
Point b, Point c, Point d, Point dd, Point e Clause 3; Point a, Point b, Point
c, Point d, Point dd, Point e, Point g Clause 4 of this Article shall be
suspended from enrolment for 1 - 3 months;
b) The
driver training institution that commits any of the violations specified in
Point a, Point b, Point c, Point d Clause 5 of this Article shall be suspended
from enrolment for 2 – 4 months;
c) The
driving test center that commits any of the violations specified in Point dd
Clause 5 of this Article shall have the certificate of qualified driving test
center suspended for 1 - 3 months;
d) The
driving test center that commits any of the violations specified in Clause 6 of
this Article shall have the certificate of qualified driving test center
suspended for 2 - 5 months;
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Article 38. Penalties for violations against regulations on
inspection of technical and environmental safety of motor vehicles
1. A fine
of VND 1,000,000 - VND 2,000,000 shall be imposed upon the inspector
of the Registry who commits any of the following violations:
a)
Falsifying inspection results;
b)
Failure to follow relevant procedures and regulations during the inspection.
2. A fine
of VND 5,000,000 - VND 7,000,000 shall be imposed upon the Registry
that commits any of the following violations:
a)
Failure to publicly put up inspection procedures at its office;
b)
Failure to carry out inspections as assigned;
c)
Employing unqualified people as inspectors;
d)
Carrying out inspections without adequate devices and personal protective
equipment.
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a) Using
a testing device without a certification or an unexpired one;
b) Using
a testing device that is broken and thus inaccurate;
c)
Failure to supervise the inspection processes and verify inspection results.
4. Apart
from incurring fines, the violator shall also incur the following additional
penalties:
a) The
inspector certificate shall be suspended for 1 – 3 months in case of commission
of any of the violations specified in Clause 1 of this Article;
b) The
license for motor vehicle inspection and registration shall be suspended for 1
–3 months in case of commission of any of the violations specified in Point c,
Point d Clause 2; Point a, Point b Clause 3 of this Article.
Chapter III
VIOLATIONS, PENALTIES, FINES, AND REMEDIAL
MEASURES FOR RAIL TRANSPORT OFFENCES
SECTION
1. VIOLATIONS AGAINST REGULATIONS ON RAILWAY SIGNALS, RAILWAY RULES, AND
RAILWAY SAFETY
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1. A fine
of VND 3,000,000 - VND 5,000,000 shall be imposed upon the
organization in charge of administration of railway or road infrastructure that
fails to install or properly and adequately install signalling systems and
devices at railroad crossings as prescribed.
2. Apart
from the penalties, the organization that commits the violation specified in
Clause 1 of this Article shall be compelled to adequately install signalling
systems and devices at railroad crossings as prescribed.
Article 40. Penalties for violations against regulations on
inspection and repair of coaches, train assembly and brake testing
1. A fine
of VND 300,000 - VND 500,000 shall be imposed upon the inspector
that:
a) Fails
to inspect and repair inbound and outbound trains or inadequately inspects and
repairs inbound and outbound trains;
b)
Repairs coaches on the rail in a station without warning signals;
c)
Connects a coach that fails to meet safety requirements to the train; or
d) Fails
to detect or repair damage to the coaches and thus causes train delay.
2. A fine
of VND 500,000 - VND 1,000,000 shall be imposed upon a train
dispatcher or traffic controller who assembles a train against National
Technical Regulations on rail operation.
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a)
Assembles coaches that fail to meet safety requirements; or
b)
Assembles cargo coaches that contain animals, stinky goods, flammable/explosive
substances, hazardous substances, or other dangerous goods into a passenger
train.
4. A fine
of VND 2,000,000 - VND 3.000,000 shall be imposed upon a traffic
controller, train captain, train driver, or train inspector that:
a) Allows
a train without sufficient brake pressure to run from the assembly station to
another station that requires brake testing; or
b) Allows
a train to run without brake testing.
5. Apart
from incurring penalties, the person that commits any of the violations specified
in Clause 4 of this Article shall be compelled to carry out brake testing as
prescribed.
Article 41. Penalties for violations against regulations on
shunting
1. A fine
of VND 500,000 - VND 1,000,000 shall be imposed upon the driver of
the shunter, shunting commander or worker that:
a) Allows
the locomotive to move before receiving a shunting plan or signal from the
shunting commander;
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c) Kicks
or drops a coach marked “No kicking”, or in a station where kicking is
prohibited;
d) Kicks
a coach to a track where another coach is under repair or loading; kicks a
coach to a track in the rail section or a track where lighting is insufficient,
or in a foggy or storming whether;
dd) Lets
the coach pass the safety mark after shunting, except for prescribed special
cases;
e) Leaves
a locomotive or coach on a safety track without order from a competent person;
g) Place
chokes on the rail where prohibited;
h)
Carries out shunting before the coaches are connected as prescribed; or
i) Leaves
unclassified and coaches on the station rail in the rail section or separate
track without connecting them or applying the brakes at the ends of the
consists or choking properly.
2. A fine
of VND 1,000,000 - VND 1,500,000 shall be imposed upon the train
driver or shunting commander who shunts the train beyond the station perimeter.
Article 42. Penalties for violations against regulations on
train operation
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2. A fine
of VND 400,000 - VND 500,000 shall be imposed upon the train driver,
train captain, traffic controller, or train inspector responsible for brake
testing who fails to sign the certification of brake functionality as
prescribed.
3. A fine
of VND 1,000,000 - VND 3,000,000 shall be imposed upon the train
driver that:
a)
Reverses the train in a foggy or stormy weather without receiving signals;
b)
Reverses the train while the signal transmission is interrupted while another
train in the same direction is running behind;
c)
Reverses the train in the rail section without orders;
d) Runs
or reverses the train without permission after a distress signal has been sent;
or
dd)
Reverses the train when is pushed by a locomotive to the rail section.
4. A fine
of VND 3,000,000 - VND 5,000,000 shall be imposed upon the traffic
controller, train driver, or captain that allow the train to enter the rail
section without evident permission.
5. Apart
from incurring fines, the train driver that commits any of the violations
mentioned in Clause 3, Clause 4 of this Article shall also have his train
driver’s license suspended for 1 - 3 months.
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1. A fine
of VND 200,000 - VND 400,000 shall be imposed upon a rail worker that
commits any of the following violations on guard duty:
a)
Failure to receive or send inbound and outbound trains while on watch at the
station, switch, crossing, road-rail bridge, or while patrolling a bridge or
road, or failure to do so properly;
b)
Failure to record every telegram while on watch at the station;
a)
Failure to record sufficient information about the times when trains pass by
while on watch at the station, crossing, or road-rail bridge.
2. A fine
of VND 500,000 - VND 1,000,000 shall be imposed upon the traffic
controller allows the train to park before the entrance signal post without
acceptable explanation.
3. A fine
of VND 1,000,000 - VND 3,000,000 shall be imposed upon the flagman at
the crossing or road-rail bridge that fails to erect the barrier on time.
4. A fine
of VND 2,000,000 - VND 4,000,000 shall be imposed upon the traffic
controller that commits any of the following violations:
a) Failure
to take safety measures when a train is approaching;
b)
Mistaking the trains;
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d) Allows
a train to enter a rail section without notifying the flagman as prescribed.
Article 44. Penalties for violations against regulations on
observance of railway signals
1. A fine
of VND 300,000 - VND 500,000 shall be imposed upon the train driver,
shunting commander or worker that commits any of the following violations:
a)
Failure to respond to shunting signals by blowing the train whistle;
b)
Failure to send appropriate signals while shunting.
2. A fine
of VND 2,000,000 - VND 3,000,000 shall be imposed upon:
a) The
train driver or captain who allows the train to run without receiving a safety
signal from the traffic controller or the signaling employee;
b) The
train driver who drives the train pass the signals to enter or leave a closed
station without permission from the chief traffic controller;
c) The
train driver who fails to stop the train when it reaches the protective flare
and the flare sets off;
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3. Apart
from incurring fines, the train driver that commits any of the violations
specified in Point b, Point c, Point d Clause 2 of this Article shall also have
his train driver’s license suspended for 1 - 3 months.
Article 45. Penalties for violations against regulations on
train dispatching
1. A fine
of VND 5,000,000 - VND 7,000,000 shall be imposed upon the train
dispatcher that fails to check the adherence to the timetable and train
assembly plan.
2. A fine
of VND 2,000,000 - VND 3,000,000 shall be imposed upon the train
dispatcher that commits any of the following violations:
a)
Sending train orders ultra vires;
b)
Failure to order the traffic controller to send warnings to the train driver in
time;
c)
Failure to order the blockade of a rail section to execute construction or
repair railway infrastructure; sending a rescue train or building train to the
section that need blocking;
d)
Causing train delay or traffic congestion due to late transmission of orders.
Article 46. Penalties for violations against regulations
traffic at railroad crossings, road-rail bridges, and tunnels
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a) Any
pedestrian who trespasses the barrier of the crossing or road-rail bridge when
barrier is moving or has closed or the light has turned red; disobeys the
signals, signs, road markings, or instructions of the flagman when going
through the crossing or road-rail bridge, or tunnel;
b) Any
bicycle, motored bicycle, or non-motorized vehicle operator that disobeys the
signals, signs, or road markings when going through the crossing or road-rail
bridge.
2. A fine
of VND 80,000 - VND 100,000 shall be imposed upon any bicycle,
motored bicycle, non-motorized vehicle operator that trespasses the barrier of
the crossing or road-rail bridge while the barrier is moving or when the light
has turned red; disobeys the signals or instructions of the flagman when going
through the crossing or road-rail bridge.
3. A fine
of VND 100,000 - VND 200,000 shall be imposed upon the operator of a
motorcycle, moped or motorcycle-like vehicle (including electric motorcycles)
who stops or parks within the length of the crossing or road-rail bridge, or
disobeys the signals, signs, or road markings when going through the crossing
or road-rail bridge.
4. A fine
of VND 300,000 - VND 400,000 shall be imposed upon the operator of a
motorcycle, moped or motorcycle-like vehicle (including electric motorcycles)
that trespasses the barrier of the crossing or road-rail bridge while the
barrier is moving or when the light has turned red; disobeys the signals or
instructions of the flagman when going through the crossing or road-rail
bridge.
5. A fine
of VND 400,000 - VND 600,000 shall be imposed upon any operator of a
tractor or heavy-duty vehicle who:
a) Stops,
parks, or makes an u-turn within the length of the crossing or road-rail
bridge; disobeys the signals, signs, or road markings when going through the
crossing or road-rail bridge; or
b)
Trespasses the barrier of the crossing or road-rail bridge while the barrier is
moving or when the light has turned red; disobeys the signals or instructions
of the flagman when going through the crossing or road-rail bridge.
6. A fine
of VND 600,000 - VND 800,000 shall be imposed upon any operator of a
car or car-like vehicle who stops parks or makes an u-turn within the length of
the crossing or road-rail bridge; disobeys the signals, signs, or road markings
when going through the crossing or road-rail bridge.
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8. A fine
of VND 3,000,000 - VND 5,000,000 shall be imposed upon any operator
of a road vehicle who:
a)
Damages the barrier or other equipment at the crossing while operating the
motor vehicle; or
b) Drives
a tracked vehicle, iron-wheel road roller, transporter of oversized cargo or
cargo exceeding the dimensional limit across the crossing without notifying the
crossing management unit, or without taking safety measures properly.
9. Apart
from incurring fines, the vehicle operator who commits any of the violations
mentioned in Clause 4, Point b Clause 5, Clause 7 of this Article shall also
have his driving license suspended for 1 - 3 months.
10. Apart
from incurring the penalties, the vehicle operator who commits any of the
violations specified in Clause 8 of this Article shall be compelled to repair
the damage caused by the violation.
Article 47. Penalties for violations against regulations on
prevention and settlement of railway accidents
1. A fine
of VND 100,000 - VND 200,000 shall be imposed upon the individual
that fails to report the railway accident to the nearest train station, railway
authority, local authority, or police station.
2. A fine
of VND 1,000,000 - VND 2,000,000 shall be imposed upon the
responsible individual who fails to discover incidents or obstacles on the
railway that threaten the rail transport safety, or fails to report them or
take protective measures properly.
3. A fine
of VND 2,000,000 - VND 3,000,000 shall be imposed upon the
responsible individual who fails compile initial documents about the accident;
fails to report the railway accident relevant entities as prescribed.
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a)
Failure to provide sufficient information or documents related to the railway
accident;
b)
Failure to perform rescue duty while capable;
c)
Failure to be present at the crash scene when informed of a railway accident;
d)
Failure to take measures for preventing railway accidents when discovering or
informed of damage to a railway work;
dd)
Failure to resolve the issues affecting the train operation;
e)
Obstructing the restoration of the railway when an accident happens.
5. A fine
of VND 4,000,000 - VND 6,000,000 shall be imposed for:
a)
Changing the crash scene;
b) Taking
advantage of the railway accident to appropriate property or vehicle involved
in the accident; disturbing, obstructing the handling of the railway accident;
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d)
Failure to cooperate or disobeying orders of competent persons or authorities
for repair of damage and restoration of rail transport.
6. A fine
of VND 15,000,000 - VND 20,000,000 shall be imposed upon the rail
transport company that commits any of the following violations:
a) Failure
to prevent and handle railway accidents to ensure safe and continuous rail
transport;
b)
Disobeying the direction of the organization in charge of preventing and
handling railway accidents;
c)
Failure to report threats to train operation and suspension of train operation
to the traffic controllers at two ends of the rail section where the threat is
found, or to the rail transport operators;
d)
Failure to suspend train operation when the rail infrastructure is found
threatening train operation safety.
Article 48. Penalties for violations against regulations on
railway safety assurance
1. A fine
of VND 300,000 - VND 500,000 shall be imposed for:
a)
Walking, standing, lying, sitting on/in railway bridges/tunnels, except for the
workers on duty;
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c) Taking
animals across the railway at inappropriate positions, or leaving animals to
pull a vehicle across the railway without a rider;
d)
Walking, standing, lying, sitting on the roof of the coach, locomotive, steps;
hanging, standing, sitting on the sides of the coach, locomotive, or connector;
opening the train doors; poking the head, arm, leg, or other stuff out the
coach when the train is running, except for the workers on duty;
dd)
Placing farm produce and other objects on the railway line or other railway
works;
e)
Spilling debris or other materials on the railway line.
2. A fine
of VND 2,000,000 - VND 3,000,000 shall be imposed for:
a)
Anchoring a ship, boat, other watercraft or object within the safety perimeter
of the railway bridge;
b)
Placing a road vehicle, equipment, materials, or cargo in the railway
clearance, except for the violations specified in Point b Clause 3 of this
Article.
3. A fine
of VND 3,000,000 - VND 5,000,000 shall be imposed for:
a)
Obstructing the train operation; arbitrarily using signals or equipment to stop
the train, unless a threat to railway safety is found;
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4. A
warning or fine of from 5,000,000 - VND 10,000,000 shall be imposed upon
any individual who drops wood, stones, or other objects causing a railway
accident.
5. Apart
from the fines, the violator shall also be compelled to:
a) Leave
the railway bridge or tunnel in case of commission of any of the violations
specified in Point a Clause 1 of this Article;
b) Remove
the farm produce and other objects from the railway line or other railway works
in case of commission of any of the violations specified in Point dd Clause 1
of this Article;
c) Remove
the debris, obstacles, and other materials from the railway line in case of commission
of any of the violations specified in Point e Clause 1, Point b Clause 3 of
this Article;
d) Remove
the ship, boat, other watercraft or object from the safety perimeter of the
railway bridge in case of commission of any of the violations specified in
Point a Clause 2 of this Article;
dd)
Removing the road vehicle, equipment, materials, or cargo from the railway
clearance in case of commission of any of the violations specified in Point b
Clause 2 of this Article.
SECTION 2. VIOLATIONS AGAINST REGULATIONS ON RAILWAY
INFRASTRUCTURE
Article 49. Penalties for violations against regulations on
protection of railway works
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2. A fine
of VND 3,000,000 - VND 5,000,000 shall be imposed upon an individual,
VND 6,000,000 - VND 10,000,000 upon an organization that commits any
of the following violations:
a)
Dumping or placing hazardous substances or waste on the railway or from dumping
them from a train to the railway;
b)
Dumping debris, other materials on the railway or dropping them from the train
to the railway in transit;
c)
Illegally placing flammable or explosive substances within the land area for
rail transport;
d)
Blocking the signs, landmarks, or signals of railway works;
dd)
Damaging the railway drainage system;
e)
Illegally placing concrete, wood, steel, or other materials within the safety
perimeter of the railway work.
3. A fine
of VND 5,000,000 - VND 10,000,000 shall be imposed upon an
individual, VND 10,000,000 - VND 20,000,000 upon an organization that
commits any of the following violations:
a) Digging,
extracting earth and stone within the perimeter of the railway work or the
railway safety corridor;
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c)
Damaging, changing, moving the signs, landmarks, or signals of railway works.
4. A fine
of VND 10,000,000 - VND 20,000,000 shall be imposed upon an
individual, VND 20,000,000 - VND 40,000,000 upon an organization that
commits any of the following violations:
a)
Illegally opening a railway crossing, setting up power or communication line,
building an overpass, underpass, drain, or other works across the railway;
b)
Illegally drilling, digging, cutting the railway;
c)
Illegally removing, moving the rails, sleepers, parts, components, supplies,
and equipment of the railway signaling system.
5. A fine
of VND 20,000,000 - VND 25,000,000 shall be imposed upon an
individual, VND 40,000,000 - VND 50,000,000 upon an organization that
commits any of the following violations:
a) Using
explosive to extract stones, sand, or gravel causing the railway work to
subside, crack, or blocking rail transport;
b)
Connecting the national railway to another railway against the law.
6. Apart
from incurring penalties, the violator shall be compelled to:
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b) Remove
the flammable or explosive substances from the land area for rail transport in
case of commission of any of the violations specified in Point c Clause 2 of
this Article;
c) Remove
the objects that block the signs, landmarks, or signals of the railway work in
case of commission of any of the violations specified in Point d Clause 2;
d)
Restore the original condition of the railway drainage system in case of commission
of any of the violations specified in Point dd Clause 2 of this Article;
dd)
Remove the concrete, wood, steel, or other materials from the safety perimeter
of the railway work in case of commission of any of the violations specified in
Point e Clause 2 of this Article;
e)
Restore the original condition in case of commission of any of the violations
specified in Clause 3 of this Article;
g)
Dismantle the illegal construction work and restore the original condition in
case of commission of any of the violations specified in Clause 4, Clause 5 of
this Article.
Article 50. Penalties for violations against regulations on
construction, resource attraction, and other activities in the vicinity of
railway works
1. A fine
of VND 1,000,000 - VND 3,000,000 shall be imposed upon an individual,
VND 2,000,000 - VND 6,000,000 upon an organization that carries out
construction or resource attraction or other activities in the vicinity of a
railway work without taking measures for assurance of railway work safety and
rail transport safety.
2. A fine
of VND 3,000,000 - VND 6,000,000 shall be imposed upon an individual,
VND 6,000,000 - VND 12,000,000 upon an organization that commits any
of the following violations:
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b)
Building a house from flammable materials at a distance of less than 05 m from
the boundary of the railway safety corridor;
c)
Executing construction within the corner blocking the view of operators of road
vehicles or rail vehicles at a railroad crossing without appointing a flagman;
d)
Executing construction or resource extraction or other activities in the
vicinity of a railway work damaging the railway work.
3. A fine
of VND 10,000,000 - VND 20,000,000 shall be imposed upon an
individual, VND 20,000,000 - VND 40,000,000 upon an organization that
commits any of the violations specified in Clause 1 and Clause 2 of this
Article causing a railway accident.
4. Apart
from incurring penalties, the violator shall be compelled to:
a) Take
measures to ensure railway safety in case of commission of any of the
violations specified in Clause 1 of this Article;
b)
Dismantle the construction work threatening railway safety in case of commission
of any of the violations specified in Point a, Point b, Point c Clause 2 of
this Article;
c)
Restore the original condition of the railway work in case of commission of any
of the violations specified in Point dd Clause 2 of this Article.
Article 51. Penalties for violations against regulations on
using land area for rail transport
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a)
Planting trees higher than 1.5 m within the railway safety corridor; planting
trees within 02 m from the bottom edge of the elevated surface, 05 from the
upper edge of the slope, or 03 m from the outer edge of the vertical gutter or
middle gutter of the road;
b)
Trading goods, holding markets, herding cattle within the perimeter of the
railway or the railway safety corridor.
2. A fine
of VND 500,000 - VND 1,000,000 shall be imposed upon an individual,
VND 1,000,000 - VND 2,000,000 upon an organization that uses land
within the perimeter the railway work or the railway safety corridor for
farming purposes damaging the railway work or causing it to subside or crack,
or blocking rail transport.
3. A fine
of VND 2,000,000 - VND 3,000,000 shall be imposed upon an individual,
VND 4,000,000 - VND 6,000,000 upon an organization that commits any
of the following violations:
a)
Illegally placing vehicles, equipment, materials, goods, wastes, or other items
within the perimeter of the railway or the railway safety corridor;
b)
Illegally erecting booths, temporary constructions within the land area for
rail transport;
c)
Placing, erecting advertising boards, sign boards or other obstacles within the
land area for rail transport;
d)
Delaying removal of the booths or construction, or obstructing the
construction, repair, expansion, or assurance of railway work safety at the
request of a competent authority.
4. A fine
of VND 20,000,000 - VND 25,000,000 shall be imposed upon an
individual, VND 40,000,000 - VND 50,000,000 upon an organization that
commits any of the following violations:
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b)
Illegally erecting advertising boards or sign boards within the land area for
rail transport.
5. Apart
from incurring penalties, the violator shall be compelled to:
a) Cut
down the trees illegally planted in case of commission of any of the violations
specified in Point a Clause 1 of this Article;
b)
Restore the original condition in case of commission of any of the violations
specified in Clause 2 of this Article;
c) Remove
the vehicle, equipment, materials, goods, waste, and other objects from the
railway work perimeter or railway safety corridor in case of commission of any
of the violations specified in Point a Clause 3 of this Article;
d) Remove
the illegal booth, temporary work from the land area for rail transport in case
of commission of any of the violations specified in Point b Clause 3 of this
Article;
dd)
Remove the illegal advertising boards, signboards and other obstacles from the
land area for rail transport in case of commission of any of the violations
specified in Point c Clause 3 of this Article;
e) Remove
the illegal house, permanent work, advertising board, signboard from the land
area for rail transport in case of commission of any of the violations
specified in Clause 4 of this Article.
Article 52. Penalties for violations against regulations on
railway infrastructure administration
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a)
Failure to keep or properly keep records on important positions;
b)
Failure to discover or report the discovered infringements upon the railway
perimeter or the railway safety corridor under their management to competent
authorities;
c)
Failure to keep or properly keep records on management of railway works and
railway safety corridors.
2. A fine
of VND 10,000,000 - VND 20,000,000 shall be imposed upon the
organization responsible for railway infrastructure management, operation, and
maintenance that commits any of the following violations:
a)
Failure to carry out or properly carry out inspections;
b)
Failure to repair damage to railway works;
c)
failure to repair, replace, or fortify damaged parts of the railway
infrastructure to sustain its quality.
3. Apart
from the penalties, the violator shall also be compelled to:
a) Take
measures to ensure rail transport safety in case of commission of any of the
violations specified in Point a, Point b Clause 2 of this Article;
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Article 53. Penalties for violations against regulations on
construction of railway works
1. A fine
of VND 1,000,000 - VND 3,000,000 shall be imposed upon an individual,
VND 2,000,000 - VND 6,000,000 upon an organization that commits any
of the following violations:
a)
Failure to notify the supervisory agency of the railway work before commencing
the construction;
b)
Failure to provide adequate signaling and safety equipment during the
construction;
c)
Failure to install or properly install adequate warning signs and signals;
failure to take measures to ensure the traffic safety during the construction
process;
d)
Operating construction equipment without an appropriate qualification;
dd)
Improperly placing a vehicle, material, or construction equipment blocking rail
transport or threatening traffic safety;
e)
Executing a railway work construction after the construction license has
expired;
g)
Placing building equipment, warning signs, and other materials within the
railway clearance after the blockade period is over;
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2. A fine
of VND 3,000,000 - VND 5,000,000 shall be imposed upon an individual,
VND 6,000,000 - VND 10,000,000 upon an organization that commits any
of the following violations:
a)
Executing construction without a construction license or one issued by a
competent authority; executing construction against the construction license
issued by a competent authority;
b)
Failure to take measures for preventing accidents when finding that the
construction threatens rail transport safety.
3. A fine
of VND 10,000,000 - VND 15,000,000 shall be imposed upon an
individual, VND 20,000,000 - VND 30,000,000 upon an organization that
executes construction on an operational track without taking measures for
ensuring railway safety causing a railway accident.
4. Apart
from incurring fines, the organization or individual that commits any of the
violations specified in Point e Clause 1, Point a Clause 2, Clause 3 of this
Article shall be suspended from construction for 1 -3 months or have their
construction license suspended for 1 – 3 months (if any).
5. Apart
from incurring penalties, the violator shall be compelled to:
a)
Provide adequate safety equipment and signaling devices in case of commission
of any of the violations specified in Point b Clause 1 of this Article;
b)
Provide adequate warning signs, signals and take measures for ensuring traffic
safety in case of commission of any of the violations specified in Point c
Clause 1 of this Article;
c) Place
building equipment and material properly in case of commission of any of the
violations specified in Point dd Clause 1 of this Article;
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dd) Take
measures to ensure rail transport safety in case of commission of any of the
violations specified in Point b Clause 2 of this Article.
SECTION 3. VIOLATIONS AGAINST REGULATIONS ON RAILWAY
VEHICLES
Article 54. Penalties for violations against regulations on
railworthiness
1. A fine
of VND 500,000 - VND 1,000,000 shall be imposed upon an individual,
VND 1,000,000 - VND 2,000,000 upon an organization that operates
improvised vehicles on the railway.
2. A fine
of VND 6,000,000 - VND 10,000,000 shall be imposed for each violating
vehicle upon the organization in charge of administration of railway vehicle
operation that commits any of the following violations:
a)
Allowing a vehicle to operate on the railway without the certificate of
registration or certificate of technical and environmental safety, unless they
are newly imported, being tested, or sent back for repair;
b)
Allowing a vehicle which is not consistent with the certificate of registration
or certificate of technical and environmental safety to operate on the railway;
c)
Allowing a vehicle banned from operation to operate on the railway.
3. A fine
of VND 15,000,000 - VND 20,000,000 shall be imposed upon the
organization that commits any of the violations specified in Point c Clause 2
of this Article causing a railway accident.
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Article 55. Penalties for violations against regulations
necessary information and instructions for railway vehicles
1. A fine
of VND 2,000,000 - VND 3,000,000 shall be imposed upon the
organization responsible for railway vehicle operation that fails to put up or
adequately put up the train rules and regulations, the route, names of transit
stations and the destination station, what to do in case of accident on each
coach as prescribed..
2. A fine
of VND 3,000,000 - VND 5,000,000 shall be imposed upon the
organization responsible for railway vehicle operation that fails put up or
adequately put up the reference number, registration number, and other symbols
on each of the railway vehicles.
Article 56. Penalties for violations against regulations on
braking equipment and assembling trains
1. A fine
of VND 3,000,000 - VND 5,000,000 shall be imposed upon the
organization responsible for administration of railway vehicle operation that
commits any of the following violations:
a)
Failure to install automatic or manual brake or functional one on the railway
vehicle;
b)
Failure to install an emergency brake handle or a functional one in each
passenger coach and at the working position of the captain;
c)
Failure to periodically check and seal the emergency brake handle and pressure
gauge;
d)
Failure to install a pressure gauge or a functional one at the working position
of the captain and some passenger cars;
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2. A fine
of VND 10,000,000 - VND 15,000,000 shall be imposed upon the
organization responsible for administration of railway vehicle operation that
uses a rear signaling device without a certification that is unexpired and
issued by a competent authority, or uses a rear signaling device that is not
functional.
3. Apart
from the penalties, the violator shall also be compelled to:
a)
Install the automatic or manual brake in case of commission of any of the
violations specified in Point a Clause 1 of this Article;
b)
Install the emergency brake handle at the working position of the captain and
passenger coaches in case of commission of any of the violations specified in
Point b Clause 1 of this Article;
c)
Install the pressure gauge at the working position of the captain and some
passenger coaches in case of commission of any of the violations specified in
Point d Clause 1 of this Article;
dd)
Install the assembling equipment properly in case of commission of any of the
violations specified in Point dd Clause 1 of this Article;
dd)
Replace the rear signalling device in case of commission of any of the
violations specified in Clause 2 of this Article.
Article 57. Penalties for violations against regulations
necessary equipment on railway vehicles
1. A fine
of VND 1,000,000 - VND 2,000,000 shall be imposed upon the captain or
train driver that:
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b) Fails
to provide or adequately provide escape equipment, fighting equipment and
materials, first-aid kits, tools and materials for minor repairs, equipment for
choking and signaling on the passenger train;
c)
Failure to put up the regulations, route, names of destination stations, and
how to deal with accidents or fire on the train.
2. A fine
of VND 3,000,000 - VND 5,000,000 shall be imposed upon the
organization responsible for administration of railway vehicle operation that
puts a passenger coach into operation without adequate and functional
equipment.
3. A fine
of VND 5,000,000 - VND 10,000,000 shall be imposed upon the
organization responsible for administration of railway vehicle operation that
commits any of the following violations:
a) The
locomotive or powered vehicle does not have a speedometer, equipment for
recording speed and information related to the train operation (black box),
equipment that helps the driver to stay awake while operating the train (if
required) or functional ones;
b) There
is no speedometer or equipment for communication between the driver and the
captain or functional ones installed at the working position of the captain.
4. Apart
from incurring penalties, the violator shall be compelled to:
a)
Provide adequate fire-fighting equipment and materials, first-aid kits,
equipment for choking and signaling on the freight train in case of commission
of any of the violations specified in Point a Clause 1 of this Article;
b)
Provide adequate emergency escape equipment, fighting equipment and materials,
first-aid kits, tools and materials for minor repairs, equipment for choking
and signaling on the passenger train in case of commission of any of the
violations specified in Point b Clause 1 of this Article;
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d)
Install a speedometer or equipment for communication between the driver and the
captain at the working position of the captain in case of commission of any of
the violations specified in Point b Clause 3 of this Article.
SECTION 4. PENALTIES FOR VIOLATIONS COMMITTED BY RAILWAY
EMPLOYEES
Article 58. Penalties imposed upon employees directly
serving the train operation violating regulations on qualifications
1. A fine
of VND 1,000,000 - VND 2,000,000 shall be imposed upon the train driver
that operates a railway vehicle without carrying the train driver’s license or
an unexpired one or one that matches the vehicle.
2. A
warning or fine of from 4,000,000 - VND 6,000,000 shall be imposed for
using a fake qualification, fake train operator’s license, or failure to obtain
a train driver’s license.
3. Apart
from the fines, the person that commits any of the violations in Clause 2 of
this Article shall have their fake qualification or fake train driver’s license
confiscated.
Article 59. Penalties imposed upon train dispatchers, train
captains, shunting workers, road and bridge patrolling staff, crossing and
road-rail bridge flagmen, onboard inspectors, passenger control staff, train
inspectors, and onboard electricians violating regulations on alcohol content
1. A fine
of VND 500,000 - VND 1,000,000 shall be imposed for working under the
influence of alcohol but the BAC or BrAC is below the level specified in Point
a Clause 2 of this Article.
2. A fine
of VND 2,000,000 - VND 3,000,000 shall be imposed for any of the
following violations:
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b)
Disobeying the law enforcement officer’s order for alcohol content testing;
c) Using
other banned stimulants.
Article 60. Penalties imposed upon railway workers
violating regulations on railway safety
1. A
warning or a fine of VND 100,000 - VND 200,000 shall be imposed upon any
railway worker involved in train operation or passenger service who fails to
wear uniform, badge, name tag as prescribed while working.
2. A fine
of VND 500,000 - VND 1,000,000 shall be imposed upon:
a) The
captain that allows people to walk, stand, lie, or sit on the roof of the
coach, hang from the coach, locomotive, or connector;
b) The
captain or train driver that allows passengers to get on freight train;
c) The
attendant that allows street vendors and people without tickets to get on the
train, allows passengers to get on or get off the train while it is running;
d) The
patrolling employee that fails to check and discover the damage to the tunnel,
bridge, railway, railway perimeter or rail transport safety corridor or fails
to take remedial measures or report the damage to a competent person;
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3. A fine
of VND 3,000,000 - VND 5,000,000 shall be imposed upon the person who
commits any of the violations specified in Point dd Clause 2 of this Article
causing a railway accident.
4. Apart
from incurring penalties, the person that commits any of the violations
specified in Point a Clause 2 of this Article shall be compelled to take the
violator to their position.
Article 61. Penalties for overloading railway vehicles
1. A fine
of VND 1,000,000 - VND 2,000,000 shall be imposed for each excess
passenger upon the railway company that sells more tickets than the number of
seats (the total fine shall not exceed 150,000,000) unless it is permitted by a
competent authority.
2. A fine
of VND 3,000,000 - VND 5,000,000 shall be imposed upon the railway
company that loads cargo onto a coach exceeding the legal limit by >10% -
40%.
3. A fine
of VND 5,000,000 - VND 10,000,000 shall be imposed upon the railway
company that loads cargo onto a coach exceeding the legal limit by >40% -
100%.
4. A fine
of VND 10,000,000 - VND 20,000,000 shall be imposed upon the railway
company that loads cargo onto a coach exceeding its capacity by more than 100%.
5. Apart
from the penalties, the violator shall also be compelled to:
a) Provide
another vehicle to carry the excess passengers in case of commission of any of
the violations specified in Clause 1 of this Article;
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Article 62. Penalties incurred by the driver and co-driver
1. A fine
of VND 300,000 - VND 500,000 shall be imposed upon the co-driver that
fails to supervise the train speed, observe and inform the driver of signals
and signs.
2. A fine
of VND 500,000 - VND 1,000,000 shall be imposed upon the train driver
that:
a) Leaves
the driving position while the locomotive is working;
b) Allows
unauthorized people or cargo in the locomotive;
c)
Damages the equipment that keeps the driver awake while operating the train;
d)
Disobeys the instructions of the captain, signals or signs;
dd) Fails
to carry or adequately carry flags, signal lamps, flares, or chocks in the
locomotive during the shift.
3. A fine
of VND 1,000,000 - VND 2,000,000 shall be imposed upon the train
driver that:
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b) Lets
the train moving pass the stop signal;
c)
Exceeds the speed limits by 5 - 10 km/h.
4. A fine
of VND 3,000,000 - VND 5,000,000 shall be imposed upon:
a)
Exceeding the speed limits by >10 km/h - 20 km/h;
b)
Working under the influence of alcohol but the BAC or BrAC is below the level
specified in Clause 6 or Point a Clause 7 of this Article.
5. A fine
of VND 5,000,000 - VND 7,000,000 shall be imposed upon the driver
that exceeds the speed limits by more than 20 km/h.
6. A fine
of VND 8,000,000 - VND 10,000,000 shall be imposed for working while
BAC exceeds 50 mg - 80 mg per 100 ml of blood, or BrAC exceeds 0.25 mg 0.4 mg
per liter of breath;
7. A fine
of VND 10,000,000 - VND 15,000,000 shall be imposed upon:
a)
Working while BAC exceeds 80 mg per 100 ml of blood, or BrAC exceeds 0.4 mg per
liter of breath;
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c) Using
other banned stimulants.
8. Apart
from incurring fines, the person who commits any of the violations mentioned in
Clause 3, Clause 4, Clause 5, Clause 6, Clause 7 of this Article shall also
have his/her train driver’s license suspended for 1 - 3 months.
9. Apart
from the penalties, the person that commits the violation specified in Point b
Clause 2 of this Article shall be compelled to remove the passengers and cargo
from the locomotive.
Article 63. Penalties for violations against regulations on
employees directly serving train operation
A fine of
VND 5,000,000 - VND 10,000,000 shall be imposed upon the organization
that employs people without qualifications that match their positions; employs
people that fail to meet health standards.
Article 64. Penalties imposed upon rail transport training
institutions violating regulations of laws on training and issuance of
qualifications
1. A fine
of VND 3,000,000 - VND 5,000,000 shall be imposed for:
a)
Failure to meet the requirements and standards applied to rail transport
training institutions;
b)
Failure to comply with the regulations on recruitment, training programs,
examination, issuing/replacing qualifications;
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3. Apart
from incurring fines, the organization that commits any of the violations
specified in Clause 1 of this Article shall be suspended from recruitment for 1
– 3 months.
4. Apart
from incurring penalties, the organization that commits any of the violations
specified in Clause 2 of this Article shall have to revoke the qualifications
illegally issued.
Article 65. Penalties for violations against regulations on
formulation of rules for technical management of train station and putting up
the rules for technical management of train station or rail station
1. A fine
of VND 1,000,000 - VND 3,000,000 shall be imposed upon the chief of
the train station who fails to put up or adequately put up the rules for
technical management of train station or rail station.
2. A fine
of VND 1,000,000 - VND 3,000,000 shall be imposed upon the train
station that fails to establish the rules for technical management of train
station or ones approved by a competent authority.
SECTION 5. VIOLATIONS AGAINST REGULATIONS ON RAILWAY
SERVICES
Article 66. Penalties for violations against regulations on
conditions for railway service provision
1. A fine
of VND 10,000,000 - VND 20,000,000 shall be imposed upon the
enterprise that loading, unloading goods at the train station or freight yard,
the company that store goods at the train station, the company that
manufactures, assemblies, modifies, repairs vehicles, the company that provides
rail transport services, the railway infrastructure company that commits any of
the following violations:
a) Using
material-handling equipment that fails to meet safety standards; employing the
people without qualifications to operate material-handling equipment;
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c)
Manufacturing, assembling, modifying, repairing vehicles without supervision
and quality control; failure to employ bachelors in auto mechanics; failure to
prepare a fire safety plan and environmental pollution prevention plan;
d)
Providing rail transport services or road infrastructure services without a
safety certificate, or using a fake or expired safety certificate;
dd)
Providing rail transport services without an insurance contract (for transport
of passengers and dangerous goods by train); failure to employ a person that
holds a bachelor's degree in rail transport or has at least 03 years'
experience of rail transport operation to administer rail transport operation;
e)
Failure to employ a person that holds a bachelor’s degree in railway
infrastructure or has at least 03 years’ experience of railway infrastructure
operation to take charge of railway infrastructure operation.
2. Apart
from incurring fines, the organization that commits any of the violations
specified in Point d Clause 1 of this Article shall have its fake or expired
certificate confiscated.
Article 67. Penalties for violations against regulations on
railway service provision
1. A fine
of VND 3,000,000 - VND 5,000,000 shall be imposed upon the rail
transport company that commits any of the following violations:
a)
Transporting corpses and bones against the law;
b)
Transporting living or wild animals against the law;
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d)
Failure to inform the number of remaining seats to passengers when selling
tickets electronically.
2. A fine
of VND 5,000,000 - VND 10,000,000 shall be imposed upon the rail
transport company that fails to adhere to regulations on exemption of tickets
or reduction of ticket prices
3. A fine
of VND 10,000,000 - VND 20,000,000 shall be imposed upon the rail
transport company that commits any of the following violations:
a)
Failure to undertake special transport missions at the request of a competent
authority;
b)
Failure to comply with regulations on transporting oversized cargo;
c)
Failure to comply with regulations on handling and transporting dangerous
goods;
d)
Failure to ensure passengers are provided with adequate conveniences when the
transport is interrupted due to accidents, natural disasters, or sabotage;
dd)
Failure to comply with regulations on handling, transporting, and securing
dangerous goods on coaches.
4. Apart
from incurring penalties, the violator shall also be compelled to:
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b)
Undertake special transport missions at the request of the head of the competent
authority in case of commission of any of the violations specified in Point a
Clause 3 of this Article;
c) Take
safety measures in case of commission of any of the violations specified in
Point b, Point c, Point dd Clause 3 of this Article.
Article 68. Penalties for using fake train tickets and
selling train tickets against the law
1. A
warning or fine of from 100,000 - VND 200,000 shall be imposed for using
fake tickets on the train.
2. A fine
of VND 2,000,000 - VND 4,000,000 shall be imposed upon:
a) Any
ticketing staff of a train station, ticket agent, or on the train who sells
tickets against the law;
b) Any
person who trades in tickets to earn illicit profits.
3. A fine
of VND 10,000,000 - VND 15,000,000 shall be imposed upon an
individual, VND 20,000,000 - VND 30,000,000 upon an organization that
commits any of the following violations:
a)
Transporting fake train tickets;
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c)
Storing fake tickets.
4. Apart
from incurring fines, the violator shall also incur the following additional
penalties:
a) Fake
train tickets shall be confiscated in case of commission of any of the
violations specified in Clause 1 of this Article;
b) All
tickets shall be confiscated in case of commission of any of the violations
specified in Point b Clause 2 of this Article;
c) Fake
train tickets shall be confiscated in case of commission of any of the
violations specified in Clause 3 of this Article.
5. Apart
from incurring penalties, the person that commits any of the violations
specified in Clause 2, Point b Clause 3 of this Article shall have to give up
the illicit profits.
SECTION 6. OTHER OFFENCES RELATED TO RAIL TRANSPORT
Article 69. Penalties for violations against other
regulations on railway safety and security
1. A fine
of VND 100,000 - VND 200,000 shall be imposed upon any person who:
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b) Fails
to comply with train regulations on the train;
c) Throws
earth, stones, or other objects from the train while it is running.
2. A fine
of VND 300,000 - VND 500,000 shall be imposed upon any person who:
a)
Disturbs the order or safety on the train or in the train stations;
b)
Threatens, infringes upon the health or belongings of passengers of railway
workers;
c) Brings
an animal that carries contagious diseases or a wild animal to the station or
to the train;
d)
Illegally brings a corpse, bones, flammable/explosive substance, or weapon to
the station or train.
dd)
Illegally brings a living animal to the train.
3. A fine
of VND 500,000 - VND 1,000,000 shall be imposed upon any individual
who throws earth, stones, or other objects at the train while it is running.
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Chapter IV
POWER TO IMPOSE PENALTIES AND PENALTY
IMPOSITION PROCEDURES
SECTION 1. POWER TO IMPOSE PENALTIES
Article 70. The power to impose administrative penalties
for road traffic offences and rail transport offences
1.
Presidents of the People’s Committees are entitled to impose penalties for the
violations specified in this Decree that are committed locally.
2.
Traffic police officers are entitled to impose penalties for:
a) Road
traffic offences committed by people and vehicles on public roads; The
violations against railway safety and order specified in this Decree;
b) The
violations against regulations on protection of road infrastructure specified
in Clause 1, Clause 2, Clause 4, Clause 5 Article 15 of this Decree.
3. Police
officers, rapid reaction forces, mobile police officers, and administration
police officers are entitled to ex officio impose penalties for the violations
specified in:
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b) Point
e Clause 2; Point a, Point dd, Point e, Point h, Point i, Point k, Point l,
Point o Clause 3; Point b, Point c, Point d, Point dd, Point g, Point i, Point
k, Point m Clause 4; Point b, Point d, Point dd, Point e Clause 5; Clause 6;
Point a Clause 7; Point b, Point c Clause 8; Clause 9; Clause 10; Clause 11
Article 6 of this Decree;
c) Point
b, Point d, Point dd, Point e, Point g, Point h, Point i Clause 2; Point b,
Point d Clause 3; Point c, Point dd, Point e, Point h, Point i Clause 4; Clause
5; Point a Clause 6; Clause 7; Clause 8 Article 7 of this Decree;
d) Point
c, Point dd, Point e, Point g Clause 1; Clause 2; Clause 3; Clause 4; Clause 5
Article 8 of this Decree;
dd)
Article 9, Article 10, Article 11, Article 12 of this Decree;
e) Clause
1, Clause 2, Clause 4, Clause 5 Article 15 of this Decree;
g)
Article 18, Article 20 of this Decree;
h) Point
b Clause 3; Point a, Point b, Point c, Point dd, Point e, Point k Clause 5;
Point a, Point b, Point c Clause 6; Clause 7 Article 23 of this Decree;
i)
Article 26, Article 29 of this Decree;
k) Clause
4, Clause 5 Article 31; Article 32, Article 34 of this Decree;
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4. Chiefs
of police stations of communes are entitled to ex officio impose penalties for
the violations specified in:
a) Point
dd, Point i Clause 1; Point g, Point h Clause 2; Point b, Point d, Point dd,
Point e, Point k Clause 3; Point a, Point d, Point dd, Point i Clause 4 Article
5 of this Decree;
b) Point
e Clause 2; Point a, Point dd, Point e, Point h, Point i, Point k, Point l,
Point o Clause 3; Point d, Point dd, Point g, Point k Clause 4; Point d, Point
e Clause 5 Article 6 of this Decree;
c) Point
b, Point d, Point dd, Point e, Point g, Point h, Point i Clause 2; Point b,
Point d Clause 3; Point dd, Point h, Point i Clause 4 Article 7 of this Decree;
d) Point
c, Point dd, Point e, Point g Clause 1; Clause 2; Clause 3; Clause 4; Clause 5
Article 8 of this Decree;
dd)
Article 9, Article 10 of this Decree;
e) Clause
1, Clause 2, Clause 3 Article 11 of this Decree;
g) Clause
1, Clause 2, Clause 3 Article 12 of this Decree;
h) Clause
1, Clause 2 Article 15 of this Decree;
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k) Point
b Clause 3 Article 23 of this Decree;
l) Clause
1 Article 29 of this Decree;
m) Clause
4 Article 31; Article 32; Clause 1 Article 34 of this Decree;
n) Clause
1, Clause 2, Clause 3, Point a Clause 5, Clause 6 Article 46; Clause 1 Article
48; Clause 1 Article 49; Clause 1, Clause 2 Article 51; Clause 1 Article 68;
Article 69 of this Decree.
5.
Transport inspectors, the persons assigned to carry out transport inspections
are entitled to impose penalties for violations against regulations on
transport services and ancillary services at stopping and parking positions,
bus stations, parking lots, rest stops, weigh stations, tollbooths, and
transport companies when vehicles stop or park on the road; violations against
regulations on driver training, issuance of driving licenses, technical and
environment protection safety inspection, road infrastructure protection,
technical standards of road infrastructure, and other violations specified in:
a) Point
dd Clause 1; Point g, Point h Clause 2; Point d, Point dd, Point e Clause 3;
Point b, Point dd, Point g, Point i Clause 4; Point b Clause 5; Point a Clause
6; Point c Clause 7; Point b Clause 8; Point a, Point b Clause 9 Article 5 of
this Decree;
b) Point
a, Point dd, Point h Clause 3; Point d, Point m Clause 4; Point e Clause 5
Article 6 of this Decree;
c) Point
d, Point dd, Point e, Point g, Point h, Point i Clause 2; Point b Clause 3;
Point dd, Point e Clause 4; Point b, Point c Clause 5; Point d Clause 6 Article
7 of this Decree;
d) Point
dd Clause 1; Point a, Point b Clause 2; Point b Clause 3 Article 8 of this
Decree;
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e)
Article 12, Article 13, Article 14, Article 15 of this Decree;
g) Clause
1; Clause 2; Clause 3; Clause 4; Point b, Point dd, Point e Clause 5 Article 16
of this Decree;
h)
Article 19, Article 20 of this Decree;
i) Clause
3; Point b, Point c Clause 4; Clause 6; Clause 7 Article 21 of this Decree;
k)
Article 22; Article 23 of this Decree;
l) Clause
1; Point a, Point b, Point d Clause 2; Clause 3; Clause 4; Clause 5; Clause 6;
Clause 7; Clause 8 Article 24 of this Decree;
m)
Article 25, Article 27, Article 28 of this Decree;
n) Clause
2; Clause 3; Clause 6; Point a, Point dd, Point g, Point h, Point i, Point k
Clause 7; Clause 8; Clause 9; Clause 10; Clause 11; Clause 12; Clause 13
Article 30 of this Decree;
o)
Article 31, Article 33, Article 37, Article 38 of this Decree;
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6.
Seaport authorities, airport authorities, inland waterways port authorities,
rail transport inspectors, aviation inspectors, maritime inspectors, inland
waterways inspectors are entitled to ex officio impose penalties for the
violations specified in Point a Clause 1, Point l Clause 2, Point e Clause 4
Article 28 of this Decree.
7. Rail
transport inspectors are entitled to ex officio impose penalties for the
violations specified in Chapter III of this Decree, except for the violations
specified in Point c Clause 5 Article 47, Clause 4 Article 48, Clause 3 Article
50, Clause 3 Article 53, Clause 3 Article 54, Clause 3 Article 60 of this
Decree.
8.
Environmental protection inspectors are entitled to ex officio impose penalties
for the violations against regulations on environmental protection specified
in:
a) Point
c Clause 1 Article 10 of this Decree;
b) Point
dd Clause 2, Point a Clause 5 Article 12 of this Decree;
c) Point
c Clause 2 Article 16; Point b Clause 2 Article 17 of this Decree;
d) Point
d Clause 1 Article 19; Article 20; Article 26 of this Decree;
đ) Clause
1, Point a Clause 2 Article 49 of this Decree;
e) Point
a Clause 3 Article 51 of this Decree.
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1.
Presidents of People’s Committees of communes are entitled to:
a) Issue
warnings;
b) Impose
fines of up to VND 4,000,000 for road traffic offences and up to
VND 5,000,000 for rail transport offences;
c)
Confiscate the objects and vehicles illegally used, the value of which does not
exceed the fine rate specified in Point b of this Clause;
d) Take
the remedial measures specified in Points a, b, and c Clause 1 Article 4 of
this Decree.
2.
Presidents of People’s Committees of districts are entitled to:
a) Issue
warnings;
b) Impose
fines of up to VND 20,000,000 for road traffic offences and up to
VND 37,500,000 for rail transport offences;
c)
Suspend licenses, practicing certificates, or suspend the operation;
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dd) Take
the remedial measures specified in Points a, b, c, d, and e Clause 1 Article 4
of this Decree.
3.
Presidents of People’s Committees of provinces are entitled to:
a) Issue
warnings;
b) Impose
fines of up to VND 40,000,000 for road traffic offences and up to
VND 75,000,000 for rail transport offences;
c)
Suspend licenses, practicing certificates, or suspend the operation;
d)
Confiscate the objects and vehicles illegally used;
dd) Take
the remedial measures specified in Clause 1 Article 4 of this Decree.
Article 72. Power to impose penalties of the police
1. Police
officers on duty are entitled to:
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b) Impose
fines of up to VND 400,000 for road traffic offences and up to
VND 500,000 for rail transport offences.
2. Senior
officers of the persons mentioned in Clause 1 of this Article are entitled to:
a) Issue
warnings;
b) Impose
fines of up to VND 1,200,000 for road traffic offences and up to
VND 1,500,000 for rail transport offences.
3. Chief
of police stations of communes, chiefs of police stations at border checkpoints
and export-processing zones are entitled to:
a) Issue
warnings;
b) Impose
fines of up to VND 2,000,000 for road traffic offences and up to
VND 2,500,000 for rail transport offences;
c)
Confiscate the objects and vehicles illegally used, the value of which does not
exceed the fine rate specified in Point b of this Clause;
d) Take
the remedial measures specified in Point a and Point c Clause 1 Article 4 of
this Decree.
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a) Issue
warnings;
b) Impose
fines of up to VND 8,000,000 for road traffic offences and up to
VND 15,000,000 for rail transport offences;
c)
Suspend licenses, practicing certificates, or suspend the operation;
d)
Confiscate the objects and vehicles illegally used the value of which does not
exceed the fine rate specified in Point b of this Clause;
dd) Take
the remedial measures specified in Points a, c, and e Clause 1 Article 4 of
this Decree.
5.
Directors of provincial police authorities are entitled to:
a) Issue
warnings;
b) Impose
fines of up to VND 20,000,000 for road traffic offences and up to
VND 37,500,000 for rail transport offences;
c)
Suspend licenses, practicing certificates, or suspend the operation;
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dd) Take
the remedial measures mentioned in Points a, c, dd, and e Clause 1 Article 4 of
this Decree.
6. The
Directors of Traffic Police Authority and Public Order Police Authority are
entitled to:
a) Issue
warnings;
b) Impose
fines of up to VND 40,000,000 for road traffic offences and up to
VND 75,000,000 for rail transport offences;
c)
Suspend licenses, practicing certificates, or suspend the operation;
d)
Confiscate the objects and vehicles illegally used;
dd) Take
the remedial measures specified in Points a, c, dd, and e Clause 1 Article 4 of
this Decree.
Article 73. The power to impose penalties of specialized
inspectors, seaport authorities, airport authorities, inland waterways port
authorities
1.
Inspectors and the persons assigned as inspectors are entitled to:
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b) Impose
fines of up to VND 400,000 for road traffic offences and up to
VND 500,000 for rail transport offences;
c)
Confiscate the objects and vehicles illegally used, the value of which does not
exceed the fine rate specified in Point b of this Clause;
d) Take
the remedial measures specified in Points a and c Clause 1 Article 4 of this
Decree.
2. Chief
Inspectors of Provincial Departments of Transport, Chief Inspectors of
Provincial Departments of Natural Resources and Environment, Chief Inspector of
Civil Aviation Authority of Vietnam, Chief Inspector of Vietnam Maritime
Administration, chiefs of local road authorities affiliated to Directorate for
Roads of Vietnam, chief of inspectorates of Provincial Departments of
Transport, , chief of inspectorates of Provincial Departments of Natural
Resources and Environment, chiefs of inspectorates of Vietnam Environment
Administration, chiefs of inspectorates of Directorate for Roads of Vietnam,
chiefs of inspectorates of Vietnam Railway Administration, chiefs of
inspectorates of local road authorities affiliated to Directorate for Roads of
Vietnam are entitled to:
a) Issue
warnings;
b) Impose
fines of up to VND 20,000,000 for road traffic offences and up to
VND 37,500,000 for rail transport offences;
c)
Suspend licenses, practicing certificates, or suspend the operation;
d)
Confiscate the objects and vehicles illegally used the value of which does not
exceed the fine rate specified in Point b of this Clause;
dd) Take
the remedial measures specified in Clause 1 Article 4 of this Decree.
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a) Issue
warnings;
b) Impose
fines of up to VND 28,000,000 for road traffic offences and up to
VND 52,500,000 for rail transport offences;
c)
Suspend the licenses, practicing certificates, or suspend the operation;
d)
Confiscate the objects and vehicles illegally used the value of which does not
exceed the fine rate specified in Point b of this Clause;
dd) Take
the remedial measures specified in Clause 1 Article 4 of this Decree.
4. Chief
Inspector the Ministry of Transport, Chief Inspector of the Ministry of Natural
Resources and Environment, Chief Inspector of Vietnam Environment
Administration, Director of Directorate for Roads of Vietnam, Director of Vietnam
Railway Administration, Director of Vietnam Maritime Administration, Director
of Civil Aviation Authority of Vietnam, Director of Vietnam Inland Waterway
Administration are entitled to:
a) Issue
warnings;
b) Impose
fines of up to VND 40,000,000 for road traffic offences and up to
VND 75,000,000 for rail transport offences;
c)
Suspend licenses, practicing certificates, or suspend the operation;
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dd) Take
the remedial measures specified in Clause 1 Article 4 of this Decree.
5. Chief
representatives of seaport authorities, airport authorities, the inland
waterway port authorities are entitled to:
a) Issue
warnings;
b) Impose
fines of up to VND 400,000 for road traffic offences.
6.
Directors of seaport authorities, airport authorities, the inland waterway port
authorities affiliated to Vietnam Inland Waterway Administration are entitled
to:
a) Issue
warnings;
b) Impose
fines of up to VND 25,000,000 for road traffic offences;
c)
Suspend licenses, practicing certificates, or suspend the operation;
d)
Confiscate the objects and vehicles illegally used the value of which does not
exceed the fine rate specified in Point b of this Clause;
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Article 74. Rules for determining the power to impose
penalties and take remedial measures
1. The
power to impose administrative penalties for road traffic offences, rail
transport offences, and to take remedial measures shall be determined in
accordance with Article 52 of the Law on Penalties for administrative
violations.
2. The
maximum fines specified in Article 71, Article 72 and Article 73 of this Decree
are applied to individuals; the maximum fines can be imposed upon an organization
is twice the maximum fines imposed upon an individual that commits the same
violation.
3. Any of
the persons mentioned in Clause 2, Clause 3 Article 71; Clause 4, Clause 5,
Clause 6 Article 72; Clause 2, Clause 3, Clause 4, Clause 6 Article 73 of this
Decree is entitled to suspend the violator’s license or practicing certificate
if the violation, by law, causes the license or practicing certificate to be
suspended.
Article 75. The power to make records on administrative
violations
1. The
persons below are entitled to make records on road traffic offenses:
a) The
persons entitled to impose administrative penalties for road traffic offenses
mentioned in Articles 71, 72, and 73 of this Decree;
b) The
patrolling officials and civil servants are entitled to make records on the
infringements upon road infrastructure, illegal occupation of land for road
traffic and road safety corridor;
c) Police
officers are entitled to make records on the violations committed locally;
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dd)
Officials and public employees of seaport authorities, airport authorities,
inland waterways port authorities in the performance of their duties are
entitled to make records on the violations specified in Point a Clause 1, Point
l Clause 2, Point e Clause 4 Article 28 which are committed within the areas
under their management;
2. The
persons below are entitled to make records on rail transport offenses:
a) The
persons entitled to impose administrative penalties for rail transport offenses
mentioned in Articles 71, 72, and 73 of this Decree;
b) The
train captain is entitled to make records on the violations committed on the
train;
c) Police
officers are entitled to make records on the violations committed locally.
SECTION 2. PENALTY IMPOSITION PROCEDURE
Article 76. Procedure for imposing penalties upon vehicle
owners
1. If the
owner of the violating vehicle is present at the scene, the person entitled to
impose penalties shall make a record and a decision on penalty imposition in
accordance with Article 30 of this Decree.
2. If the
owner of the vehicle is not present at the scene, the person entitled to impose
penalties shall make a record and impose penalties in accordance with law, the
vehicle operator shall add a signature on the record as a witness, and may
implement the decision on penalties on the vehicle owner’s behalf. If the
vehicle operator does not implement the decision on penalties on the vehicle
owner’s behalf, the person entitled to impose penalties shall impound the
vehicle to ensure the implementation of the decision on penalties.
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a)
Penalties specified in Point b Clause 8 Article 30 of this Decree shall be
imposed for the violations specified in Point c Clause 4 Article 16, Point dd
Clause 1 Article 19 and the violations specified in Point b Clause 8 Article 30
committed by the vehicle owner who is also the vehicle operator;
b)
Penalties specified in Point c Clause 9 Article 30 of this Decree shall be
imposed for the violations specified in Point e Clause 5 Article 16, Point c
Clause 2 Article 19 and the violations specified in Point c Clause 9 Article
30committed by the vehicle owner who is also the vehicle operator;
a)
Penalties specified in Point dd Clause 4 Article 28 of this Decree shall be
imposed for the violations specified in Point g Clause 5 Article 23, Clause 3
Article 24 and the violations specified in Point dd Clause 4 Article 28
committed by the vehicle owner who is also the vehicle operator;
d)
Penalties specified in Point d Clause 8 Article 30 of this Decree shall be
imposed for the violations specified in Point d, Point dd Clause 6 Article 23;
Point b, Point c Clause 5 Article 24 and the violations specified in Point d Clause
8 Article 30 committed by the vehicle owner who is also the vehicle operator;
dd)
Penalties specified in Point d Clause 4 Article 28 of this Decree shall be
imposed for selling tickets at higher prices that the legal limit (specified in
Point m Clause 3 Article 23, Clause 2, Clause 3 Article 31) and failure to
adhere to the registered and posted freights (specified in Point d Clause 4
Article 28) committed by the vehicle owner who is also the vehicle operator or
attendant on the vehicle;
e)
Penalties specified in Article 30 of this Decree shall be imposed for
violations against regulations on transporting oversized cargo, exceeding the
maximum permissible limit on payload or passengers specified in Article 23,
Article 24, Article 25, Article 33 and corresponding violations specified in
Article 30 committed by the vehicle owner who is also the vehicle operator.
4.
Regarding violations against regulations on GVW or dimensional limits of
vehicles or road infrastructure specified in Article 24 and Article 33 of this
Decree, if the vehicle owner or vehicle operator commits both the violations
specified in Article 24 and the violations specified in Article 33 of this
Decree, he/she shall incur a penalty for each of the violations; Where the
vehicle owner or vehicle operator commits both violations against regulations
on GVW and gross axle weight specified in Point d Clause 3, Clause 4, Clause 5,
Point a Clause 6 Article 33 of this Decree, the higher fine shall be imposed.
5. For
the purpose of this Decree, the vehicle owner is:
a) The
individual or organization that is the holder of the Certificate of vehicle
registration;
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c) The
renter of the vehicle if the vehicle is leased out by an organization licensed
for finance lease;
d) The
cooperative that owns the vehicle and applies for registration of car transport
business;
dd) The
organization or individual that rents the vehicle from another organization or
individual and applies for registration of car transport business;
e) The
organization or individual that purchases, receives or inherits the vehicle
that is purchased, gifted, allocated, transferred, or bequeathed without
applying for a vehicle registration or vehicle ownership transfer registration.
6. When
imposing a penalty upon any of the vehicle owners specified in Clause 5 of this
Article, the time limit for issuing a penalty decision may be extended to not
more than 60 days to identify the entity that incurs the penalty as prescribed
in Clause 1 Article 66 of the Law on Actions against administrative violations.
7. If an
administrative violation is discovered by technological equipment, the vehicle
owner shall cooperate with the authority to identify the vehicle operator who
commits the violation.
8. The
person entitled to impose penalties may use information and specifications of
the vehicle specified in the latest certificate of technical and environmental
safety (even if it has expired) or from the database of the vehicle registry as
the basis for determining the violations specified in this Decree.
9. The
violations specified in Point b Clause 1 and Clause 5 Article 30 of this Decree
shall be only verified through investigations if the accident is serious, or
through vehicle registration.
Article 77. Suspension of licenses, practicing
certificates, and rail transport business operation
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a)
National driving licenses; international driving licenses issued by governments
of member states of Convention of Road Traffic 1968 (except for international
driving licenses granted by Vietnam’s authorities);
b)
Certificates of training in road traffic rules;
c)
Licenses for transport business;
d)
Badges, licenses of cars used for transport business;
dd)
Certificates of technical and environmental safety and stamps of technical and
environmental safety of vehicles;
e)
Construction licenses;
g)
Certificate of qualified driving test center;
h)
Licenses for motor vehicle registration and inspection;
i)
Inspector’s certificates;
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2. The
duration of suspension of a license or practicing certificate or transport
business operation as a penalty for a violation specified in this Decree is the
average level of the bracket. The minimum level shall apply if there is a
mitigating factor; the maximum level shall apply if there is an aggravating
factor.
3.
Beginning date of the suspension period:
a) The
suspension period shall begin on the effective date of the decision on penalty
imposition if the person imposing the penalty is able to confiscate the
violator’s license or practicing certificate on such day;
b) If the
person imposing the penalty is not able to confiscate the violator’s license or
practicing certificate when the decision on penalty imposition is issued, the
decision must specify that the beginning date of the suspension period is the
day on which the violator submits the license or practicing certificate to the
person imposing the penalty;
c) When
confiscating and returning the license or practicing certificate as prescribed
in Point b of this Clause, the person imposing the penalty shall make records
and retain documents about the penalty.
4. During
the suspension period, if the violator still keeps doing the activities in the
license or practicing certificate, such violator shall incur a penalty for
operating without a license or practicing certificate.
5. If the
remaining validity period of the license or practicing certificate is shorter
than the suspension period, the person imposing the penalty shall still issues
the decision on penalty imposition.
6.
Suspension of international driving licenses
a) The
period of suspension of an international driving license issued by the
government of a Member State of Convention of Road Traffic 1968 (except for
international driving licenses granted by Vietnam’s authorities) shall comply
with Clause 2 of this Article. Nevertheless, such period shall not exceed the remaining
period of residence in Vietnam of the person whose international driving
license is suspended;
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Article 78. Impounding vehicles and papers related to
operators and vehicles at fault
1.
Pursuant to Clause 2 Article 125 of the Law on Actions against administrative
violations, to immediately stop the violation, the person entitled to impose
penalties is allowed to impound the vehicle for up to VND 07 days before
issuing a decision on penalty imposition for the violations specified in:
a) Point
a Clause 6; Point b, Point d Clause 8; Clause 9; Clause 11 Article 5 of this
Decree;
b) Point
b Clause 5; Clause 6; Point b, Point c Clause 8; Clause 9; Clause 10; Clause 11
Article 6 of this Decree;
c) Point
c Clause 4; Point a Clause 6; Clause 7; Clause 8 Article 7 of this Decree;
d) Point
d, Point dd Clause 4 (if the violating vehicle operator is under 16 years of
age); Clause 5 Article 8 of this Decree;
dd)
Clause 5 Article 11 of this Decree;
e) Clause
4; Point d, Point đ Clause 5 Article 16 of this Decree;
g) Clause
3 Article 17 of this Decree;
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i) Clause
1; Point a, Point c Clause 4; Clause 5; Clause 6; Clause 7 Article 21 of this
Decree;
k) Point
b Clause 6 Article 33 of this Decree.
2. To
ensure the implementation of the decision on penalties, or to verify the facts
before issuing the decision on penalties, the person entitled to impose
penalties may impound the vehicles and papers related to the operator that
commits one of the violations in this Decree according to Clause 6 and Clause 8
Article 125 of the Law on Penalties for administrative violations. When the
papers are impound according to Clause 6 Article 125 of the Law on Penalties
for administrative violations, if the violator fails to settle the case at a
competent agency after the arranged date, and keeps operating the vehicle, that
person shall incur the penalties operating a vehicle without papers.
3. When
the vehicle is impounded as prescribed in Clause 1 and Clause 2 of this
Article, the vehicle owner shall incur the costs (if any) of using another
vehicle to transport the passengers and goods on the impounded vehicle.
Article 79. Using information from technological devices
provided by organizations responsible for road/rail infrastructure operation as
the basis for imposition of penalties for road/rail transport offences
1. The
person entitled to impose penalties specified in Article 71, Article 72 and
Article 73 of this Decree may use information from vehicle weighing devices,
tachometers capable of video recording, video and audio recorders provided by
organizations responsible for road/rail infrastructure operation as the basis
for imposition of penalties for road/rail transport offences.
2. The
devices mentioned in Clause 1 of this Article must be inspected, calibrated,
and tested in accordance with law before being put into use; fulfillment of
technical regulations and standards shall be maintained throughout the
intervals between two inspections.
3. The use
of such devices shall comply with Clause 2 Article 64 of the Law on Actions
against administrative violations.
4. The
person using the technological device must:
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b) Grasp
the method for management and use of such device;
c) Be
trained in using and maintaining the device and relevant regulations of law on
penalties for administrative violations;
d) Follow
procedures, ensure safety, protect and maintain the device, and take
responsibility for the use of the device.
5. The
Minister of Public Security and the Minister of Transport shall ex officio
promulgate legislative documents on procedures for using technological devices;
disseminate regulations of law; provide training; carry out inspections and
take actions against regulations on management and use of the technological
devices specified in Clause 1 of this Article.
Chapter V
IMPLEMENTATION
Article 80. Effect
1. This
Decree comes into force from August 01, 2016.
2. This
Decree replaces:
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b) The
Government's Decree No. 107/2014/ND-CP on amendments to Decree No. 171/2013/ND-CP.
3. Point
b Clause 1 Article 30 of this Decree shall come into force from January 01,
2017.
4.
Regulations on gross axle weight specified in Point d Clause 3, Clause 4,
Clause 5, Point a Clause 6 Article 33 of this Decree shall come into force from
January 01, 2017.
5. Point
d Clause 3 Article 28 of this Decree shall apply to imposition of penalties
upon organizations and individuals using passenger taxies without
invoice-printing devices from January 01, 2017.
6. Point
l Clause 3 Article 5 of this Decree shall apply to imposition of penalties upon
violating car drivers from January 01, 2017.
7. Point
k, Point l Clause 1 Article 5 of this Decree shall apply to imposition of
penalties for failure to fasten the seatbelt (where available) while sitting on
the back seats upon operators and passengers of cars from January 01, 2018.
Article 81. Transition clause
The road
traffic offences and rail transport offences committed before this Decree takes
effect and discovered afterwards, the regulations that are advantageous to the
organizations and individuals at fault shall apply.
Article 82. Responsibility for implementation
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ON BEHALF OF THE GOVERNMENT
THE PRIME MINISTER
Nguyen Xuan Phuc