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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
15/2003/ND-CP
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Hanoi,
February 19, 2003
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DECREE
PRESCRIBING THE SANCTIONING OF ADMINISTRATIVE VIOLATIONS IN
LAND-ROAD TRAFFIC
THE GOVERNMENT
Pursuant to the December 25, 2001 Law on
Organization of the Government;
Pursuant to the June 29, 2001 Law on Land-Road Traffic;
Pursuant to the July 2, 2002 Ordinance on Handling of Administrative
Violations;
Pursuant to the January 28, 1989 Ordinance on Vietnam People’s Police Force and
the July 6, 1995 Ordinance Amending Article 6 of the Ordinance on Vietnam
People’s Police Force;
Pursuant to the Government’s Resolution No. 13/2002/NQ-CP of November 19, 2002
on solutions to control the rise in and proceed to gradually reduce traffic
accidents and congestion;
Pursuant to the Government’s Decree No. 14/2003/ND-CP of February 19, 2003
detailing the implementation of a number of articles of the Land-Road Traffic
Law;
At the proposals of the Minister of Communications and Transport and the
Minister of Public Security,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- Regulation
scope
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Article 2.- Application
objects
1. Vietnamese individuals and organizations that
commit acts of administrative violations regarding land-road traffic shall be
administratively sanctioned under the provisions of this Decree.
2. Foreign individuals and organizations that
commit acts of administrative violations regarding land-road traffic in the
Vietnamese territory shall be sanctioned under this Decree, except for cases
where the international agreements which Vietnam has signed or acceded to
provide otherwise, then such international agreements shall apply.
Article 3.- Principles
for the sanctioning of administrative violations and the application of other
measures
1. All administrative violations regarding
land-road traffic must be detected in time and immediately stopped. The sanctioning
must comply with the provisions of the Ordinance on Handling of Administrative
Violations, the provisions of this Decree and must be effected swiftly, fairly
and resolutely. All the consequences caused by acts of violation must be
overcome in strict accordance with law.
2. Individuals and organizations shall be
administratively sanctioned only when they commit the administrative violations
prescribed in this Decree.
3. The sanctioning of administrative violations
regarding land-road traffic must be effected by competent persons defined in
Articles 41, 42, 43 and 44 of this Decree.
4. An administrative violation act shall be
sanctioned only once.
A person committing many acts of administrative
violation shall be sanctioned for every act of violation. If the sanctioning is
in form of fines, the fines shall be added up into the common fine level and
only one sanctioning decision shall be issued.
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5. When deciding to sanction administrative
violations, competent persons must base themselves on the nature and
seriousness of the violations, the personal identity of violators and the
alleviating circumstances as well as aggravating circumstances prescribed in the
Ordinance on Handling of Administrative Violations, on acts of violation, the
sanctioning forms and levels prescribed in this Decree to decide appropriate
handling forms and measures.
6. Not to sanction administrative violations in
cases of emergency, legitimate self-defense and sudden events, or
administrative violations committed by people suffering from mental diseases or
other ailments which deprive them of the capacity to cognize or to control
their acts.
7. The "marking of the times of violating the
legislation on land road traffic on driving licenses" is a measure
prescribed in the Government’s Resolution No.13/2002/NQ-CP of November 19, 2002
on solutions to check the rise in and proceed to gradually reduce traffic
accidents and congestion in order to manage the operators of land-road
motorized traffic means: if the driving licenses are marked with three times of
violation, they shall become invalid; if they are marked twice, the violators
shall have to re-sit for examination on Land-Road Traffic Law when changing
their driving licenses. Hereinafter this measure is called: marking the
violation times on driving licenses for short.
Article 4.- Principles
for determining competence to sanction administrative violations
1. The competence to sanction administrative
violations under the provisions of this Decree means the competence applicable
to one act of administrative violation. In case of fine, the sanctioning
competence shall be determined on the basis of the maximum level of the fine
bracket, prescribed for every specific act of violation.
2. In case of sanctioning one person for
committing many acts of administrative violation, the sanctioning competence
shall be determined according to the following principles:
a) If the sanctioning form and level prescribed
for each act all fall under the sanctioning person’s competence, the
sanctioning competence also belongs to such person;
b) If the sanctioning form and level prescribed
for one of the violation acts are beyond the competence of the sanctioning person,
such person shall have to transfer the cases of violation to the authorities
competent to sanction;
c) Where an administrative violation falls under
the sanctioning competence of many persons, the sanctioning shall be effected
by the person who receives and processes the case first.
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When the form of fine is applied, the specific
fine level for an act of administrative violation shall be the average of the
fine bracket prescribed for such act; if the violation involves extenuating
circumstances, the fine level can be reduced to below the average level but
must not be lower than the minimum level of the fine bracket; if the violation
involves aggravating circumstances, the fine level may be higher than the
average level but must not exceed the maximum level of the fine bracket.
Article 6.- Statute of
limitations for sanctioning administrative violations
1. The statute of limitations for sanctioning an
administrative violation regarding land-road traffic shall be one year counting
from the date the administrative violation is committed. Past the
above-mentioned time limit, sanction shall not be imposed, but measures shall
be applied to overcome the consequences thereof as provided for at Points a and
b of Clause 3, Article 12 of the Ordinance on Handling of Administrative
Violations.
2. If within one year, the violating individuals
or organizations again commit new acts of administrative violation regarding
land-road traffic or deliberately evade or obstruct the sanctioning, the statute
of limitations prescribed in Clause 1 of this Article shall not apply. The time
limit for sanctioning administrative violations shall be recalculated, counting
from the time of committing new acts of administrative violation or the time of
terminating acts of evading or obstructing the sanctioning.
Article 7.-
Responsibilities of persons competent to sanction
Persons competent to impose administrative
sanctions must sanction the right persons, the right acts of violation,
according to the right competence and to law; if abusing the powers to
tolerate, cover up, not to sanction or sanction not in time, not according to
the right level or sanction ultra vires the administrative violations, they
shall, depending on the nature and seriousness of their violations, be
disciplined or examined for penal liability; if causing material damage, they
must pay compensations therefor according to law provisions.
Article 8.- Responsibilities
of violating individuals and organizations
1. Individuals and organizations committing acts
of violating the regulations on land-road traffic must strictly abide by the
sanctioning decisions of competent persons as prescribed by law.
2. Individuals and organizations that have
committed acts of violating the regulations on land-road traffic but then
obstruct and/or resist persons on official duty or use tricks or bribery to
evade the inspection, control or handling of violations by persons on official
duty, shall, depending on the nature and seriousness of their violations, be
handled according to law provisions.
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ADMINISTRATIVE
SANCTIONING OF ACTS OF VIOLATING LAND-ROAD TRAFFIC RULES
Article 9.- Sanctioning
operators of automobiles and vehicles of similar structures for violating
land-road traffic rules
1. Warning or a fine of between VND 10,000 and
30,000 on vehicle operators and persons sitting on front seats equipped with
safety belts for failure to put on the safety belts while the vehicles are
running.
2. A fine of between VND 40,000 and 80,000 for
one of the following acts:
a) Failing to operate the vehicles to the right
along their traveling directions; failing to keep vehicles on prescribed road
sections or lanes;
b) Failing to comply with the traffic lights,
signs, painted lines on roads, except for violation acts prescribed at Points
d, e and m of Clause 3, Point b of Clause 4, Points b and c of Clause 5 of this
Article which shall be sanctioned according to those Points and Clauses;
c) When making turns, failing to give way to
pedestrians crossing streets at painted line places reserved for them or to
operators of rudimentary vehicles who are travelling on the road sections
reserved for them;
d) Reversing vehicles without making
observations or giving advance signals;
e) Using high-beam headlights when crossing
opposite vehicles in the nighttime;
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3. A fine of between VND 80,000 and 120,000 for
one of the following acts:
a) Failing to abide by the orders of traffic
conductors or traffic controllers;
b) Changing lanes at places where such is not
permitted or without giving advance signals;
c) Failing to signal before overtaking front
vehicles; making sudden turns in front of other vehicles;
d) Making U-turns at road sections reserved for
pedestrians, on bridges, at bridge heads, under bridges, on narrow roads, at
curved road sections with obstructed vision;
e) Reversing vehicles on one-way roads, in areas
where stops are not allowed, on road sections reserved for pedestrians, at road
intersections, at road-railway intersections, at places with obstructed visions
and places where U-turn is not permitted;
f) Making ways for other vehicles in
contravention of regulations; refusing to give way as prescribed at narrow road
sections, on slopes and at places with obstacles;
g) Stopping or parking vehicles on road sections
where vehicles run at suburban road sections where pavements are large;
stopping or parking vehicles not at the right places on road sections where
stop and parking places have been already arranged; stopping or parking
vehicles on thoroughfare beds in contravention of regulations; stopping or
parking vehicles on tramways; stopping or parking vehicles on bridges; parking
vehicles on slopes without chocking the wheels; or other acts of stopping or
parking vehicles in contravention of regulations;
h) Leaving vehicles on road beds or pavements
against the regulations;
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j) Failing to give advance signals when stopping
or parking vehicles;
k) Failing to fix signal boards in front of
towing vehicles or at the rear of the towed vehicles; failing to firmly and
safely tie up towing vehicles to towed vehicles when they are on the run;
l) Driving on restricted road, restricted areas,
driving from the opposite direction on one-way roads, except for priority
vehicles being on urgent missions as prescribed;
m) Blowing horns or pressing accelerator pedals
continuously; blowing horns or causing noises or big noises, thus disturbing
quietness in urban centers or populated quarters when loading and/or unloading
cargoes during the period between 22.00 hrs and 05.00 hrs of the following day;
blowing hooters and/or using high-beam headlights in urban centers, populous
regions, except for priority vehicles being on official missions as prescribed;
n) Failing to abide by the rules, guidance of
traffic conductors when on ferries, pontoon bridges or crossing places hit by
traffic jams;
o) Failing to keep the safe distance with the
front running vehicle as prescribed for vehicles running on express ways;
p) Failing to speed down and give way when
driving vehicles from alleys or branch roads into main roads or vice versa;
q) Trailer vehicles having no signal boards as
prescribed or having the total weight smaller than the total weight of the
trailers when the brake systems are not up to the technical safety standards.
4. A fine of between VND 140,000 and 300,000 for
one of the following acts:
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b) Overtaking other vehicles at places where
such is not allowed;
c) Failing to give way to vehicles asking to
overtake when safety conditions permit; failing to give way to vehicles running
on priority roads, main roads from any direction to road junctions;
d) Letting people sit in cabins beyond the
prescribed numbers;
e) Failing to use enough headlights in the nighttime.
5. A fine of between VND 300,000 and 500,000 for
one of the following acts:
a) Failing to give way to or obstructing
priority vehicles;
b) Failing to observe the regulations when
entering or leaving express ways; failing to observe the regulations on maximum
speeds and minimum speeds when running on express ways; stopping or parking
vehicles on road sections where vehicles run on express ways; making U turns or
reversals on express ways; changing lanes at wrong places where u-turns are not
permitted or without giving advance signals when running on express ways;
c) Failing to use high-beam headlights when
driving in land-road tunnels; making reversals or U turns in land-road tunnels;
stopping or parking vehicles not at the right places in land-road tunnels;
d) Carrying people on towed vehicles, excluding
drivers;
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f) Failing to apply measures to ensure safety as
prescribed when vehicles break down at road-railway junctions;
g) Using signal horns, pennants and/or lamps of
priority vehicles by non-priority vehicles; using priority horn, pennants
and/or lamp signals by priority vehicles in contravention of regulations;
h) Failing to abide by the requests of traffic
controllers to check alcoholic degrees or other stimulants banned by law;
i) Making U turns at road-railway junctions;
j) Failing to observe the regulations on
stopping and parking vehicles at road-railway junctions.
6. A fine of between VND 500,000 and 1,000,000
for one of the following acts:
a) Driving at speeds exceeding the prescribed
speed by up to 20%;
b) Stopping or parking vehicles in contravention
of regulations, thus causing traffic congestion;
c) Stopping or parking vehicles, opening vehicle
doors without ensuring safety, thus causing accidents but not to the extent of being
examined for penal liability.
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a) Driving at speeds exceeding the prescribed
speeds by more than 20%;
b) Drinking liquor, beer with alcoholic contents
in blood or breath in excess of the prescribed levels or using other stimulants
banned by law;
c) When causing traffic accidents, the means
operators fail to stop, fail to keep intact the scenes; fleeing away without
going to competent agencies to present themselves, failing to participate in
giving first-aid to the victims;
d) Driving at speeds exceeding the prescribed
speeds, overtaking other vehicles or changing lanes in contravention of
regulations, thus causing accidents but not seriously enough to be examined for
penal liability.
8. A fine of between VND 5,000,000 and
10,000,000 for acts of zigzagging, weaving one’s way or chasing one another on
roads inside or outside urban centers.
9. A fine of between VND 10,000,000 and
20,000,000 for acts of violation prescribed in Clause 8 of this Article but
causing accidents or failing to abide by the order to stop the vehicles of the
persons on official duty or resisting persons on official duty, but not
seriously enough to be examined for penal liability.
10. In addition to fines, the violating vehicle
operators shall be also subject to additional measures and the following
measures:
a) Having illegally used horns, pennants and/or
lamps confiscated if violating the provisions at Point g, Clause 5 of this
Article; having their driving licenses marked with the violation times if
violating the provisions in Clauses 4, 5 and 6 of this Article;
b) Being deprived of the right to use driving
licenses for 90 days and subject to marking of violation times on their driving
licenses if breaching Clause 7 of this Article;
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d) Being deprived of the right to use driving
licenses indefinitely if violating Clause 9 of this Article.
Article 10.-
Sanctioning persons who operate or sit on motorbikes, mopeds or other vehicles
with similar structures, and violate land-road traffic rules
1. Warning or a fine of between VND 10,000 and
20,000 on persons who operate or sit on motorbikes or mopeds without wearing
crash helmets when traveling on roads where crash helmet wearing is compulsory.
2. A fine of between VND 20,000 and 60,000 on
means operators for one of the following acts:
a) Failing to keep their vehicles to the right
along the direction of their traveling;
b) Failing to abide by the traffic lights, road
signs, painted lines, except for acts of violating the provisions at Point b,
Clause 3, Point c, Clause 4, of this Article, which shall be subject to
sanctions prescribed at those points and clauses;
c) Failing to signal before asking to overtake;
overtaking other vehicles at places where such is prohibited; overtaking to the
right in cases where such is not allowed;
d) When making turns, failing to give way to
pedestrians at places painted with lines reserved for pedestrians to cross the
roads, or to operators of rudimentary means who are traveling on road sections
reserved for them;
e) Reversing three-wheeled motorbikes without
making observations or giving advance signals;
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g) Leaving vehicles on roadbeds or pavements in
contravention of regulations;
h) Making U turns at places where U turns are
prohibited;
i) Using umbrellas or mobile phones when driving
vehicles; using umbrellas by persons sitting on vehicles;
j) Rallying three or more vehicles on roadbeds,
bridges;
k) Stopping or parking vehicles on road sections
where vehicles run at suburban sections with pavements; stopping or parking
vehicles on urban roadbeds thus obstructing traffic; stopping or parking
vehicles at places with no-stop or no-park signboards; stopping or parking vehicles
on tramways; stopping or parking vehicles on bridges or other acts of stopping
or parking vehicles in contravention of regulations; failing to observe
regulations on stopping or parking vehicles at road-railways intersections;
l) Driving on restricted roads, restricted
areas; driving from the opposite direction on one-way roads, except for cases
where priority vehicles are on urgent missions as provided for;
m) Carrying people in excess of the prescribed
number, except for cases of carrying sick persons for emergency treatment,
escorting criminals;
n) Driving three or more vehicles abreast;
o) Declining to give way to vehicles which ask
to overtake when the safety conditions permit; refusing to give way to vehicles
running on priority roads or main roads from any direction to road
intersections;
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q) Failing to keep a safe distance from front
running vehicles as provided for when driving on express ways.
3. A fine of between VND 60,000 and 100,000 for
one of the following acts:
a) Failing to abide by the orders of traffic
conductors and/or traffic controllers;
b) Changing lanes not at the right places or
without giving advance signals;
c) Crossing or overtaking other vehicles in
contravention of regulations. Declining to give way to other vehicles as
prescribed at places where roads are narrow, sloping or where exist obstacles;
d) Blowing horns and/or pressing accelerator
pedals continuously during the period of between 22.00 hrs and 05.00 hrs on the
following day; using high-beam headlights in urban centers, populated areas,
except for priority vehicles being on official missions as prescribed;
e) Failing to speed down and give way when
driving vehicles from alleys into main roads or vice versa;
f) Persons operating or sitting on vehicles and
towing other vehicles or things or pushing other vehicles or objects, leading
animals or carrying on shoulders or vehicles bulky objects; persons operating
and/or sitting on towed or pushed vehicles.
4. A fine of between VND 100,000 and 200,000 for
one of the following acts:
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b) Declining to give way to or obstructing
priority vehicles;
c) Failing to observe regulations when entering
or leaving expressways, failing to observe regulations on maximum speeds and
minimum speeds when driving on expressways; stopping or parking vehicles on
road sections where vehicles run on expressways; making U turns or reversals on
expressways; changing lanes not at the right places or without giving advance
signals when driving on expressways;
d) Driving in land-road tunnels without using
headlights; stopping or parking vehicles in land-road tunnels not at the right
places; making U turns in land-road tunnels.
5. A fine of between VND 200,000 and 300,000 for
one of the following acts:
a) Driving at speeds exceeding the prescribed
speeds by up to 20%;
b) Operating motorbikes, mopeds in processions,
thus obstructing traffic;
c) Declining to obey the requests of traffic
controllers for examination of liquor or beer degrees or other stimulants
banned by law.
6. A fine of between VND 300,000 and 500,000 for
one of the following acts:
a) Driving at speeds exceeding the prescribed
speeds by more than 20%;
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c) When causing accidents, the concerned means
operators fail to stop, fail to keep intact the scenes, flee away without
presenting themselves to competent agencies, fail to participate in giving the
first-aid treatment to victims;
d) Overtaking other vehicles right at the
latter’s head or making sudden turns;
e) Driving at speeds exceeding the prescribed
ones, overtaking other vehicles or changing lanes in contravention of
regulations, thus causing accidents, but not seriously enough to be examined
for penal liability.
7. A fine of between VND 500,000 and 1,000,000
for one of the following acts:
a) Applying stands or other objects against road
surface when driving;
b) Using motorbikes of cylinder capacity of 175
cm3 or higher in contravention of regulations.
8. A fine of between VND 4,000,000 and 6,000,000
for one of the following acts:
a) Driving vehicles in zigzags or to weave one’s
way or chase one another on roads inside and outside urban centers;
b) Driving vehicles on one wheel, for
two-wheelers, or on two wheels, for three-wheelers;
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d) Driving vehicles in groups of two or more at
speeds exceeding the prescribed speeds.
9. A fine of between VND 6,000,000 and
14,000,000 for acts of violating Clause 8 of this Article but failing to obey
orders to stop vehicles of the persons on official duty or resisting persons on
official duty or causing accidents, but not to the extent of being examined for
penal liability.
10. In addition to fines, the violating means
operators shall be also subject to additional measures and the following
measures:
a) The confiscation of horns, pennants and/or
lamps when breaching Point a, Clause 4 of this Article;
b) The marking of violation times on their
driving licenses when violating Clauses 4, 5, 6 and 7 of this Article; also the
deprivation of the right to use driving licenses for 60 days if violating
Points a, b and e of Clause 6 of this Article;
c) The indefinite deprivation of the right to
use driving licenses and temporary seizure of vehicles for 60 days if breaching
Clauses 8 and 9 of this Article; and confiscation of vehicles if repeating the
violations.
Article 11.-
Sanctioning operators of special-use vehicular machinery for violations of land
road traffic rules
1. A fine of between VND 40,000 and 60,000 for
one of the following acts:
a) Failing to keep to the right along the
direction of their travel; failing to keep on the prescribed road sections;
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c) When making turns, failing to give way to
pedestrians at places painted with lines, reserved for them to cross roads, or
to operators of rudimentary vehicles being on the road sections reserved for
them;
d) Reversing vehicles without making
observations or giving advance signals;
e) Failing to use headlights during the
nighttime or using high-beam headlines when crossing vehicles from the opposite
direction during the nighttime;
f) Leaving vehicles on roadbeds or pavements in
contravention of regulations;
g) Failing to stop or park vehicles close to the
road sides at places where roadsides are narrow.
2. A fine of between VND 60,000 and 100,000 for
one of the following acts:
a) Failing to abide by the order of traffic
conductors or traffic controllers;
b) Making U turns not at the right places;
c) Reversing vehicles in areas where stops are
not allowed or on one-way roads;
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e) Failing to give way as prescribed when
avoiding other vehicles at places where roads are narrow, sloping or where
exist obstacles;
f) Stopping or parking vehicles on road sections
where vehicles run at suburban sections with wide pavements; stopping or
parking vehicles not at the right places on urban roads where exist the parking
places; parking vehicles on slopes without chocking the wheels; stopping or
parking vehicles on urban roadbeds thus obstructing traffic; stopping or
parking vehicles on tramways; stopping or parking vehicles on bridges; stopping
or parking vehicles without giving advance signals; stopping or parking
vehicles at places where such are prohibited;
g) Driving on restricted roads or in restricted
areas; driving on one-way roads from the opposite direction;
h) Failing to abide by the rules, direction of
traffic conductors when crossing on ferries, pontoon bridges or places hit by
traffic congestion;
i) Failing to speed down and give way when
driving vehicles from branch roads into main roads or vice versa.
3. A fine of between VND 100,000 and 300,000 for
acts of failing to give way to or obstructing priority vehicles.
4. A fine of between VND 300,000 and 500,000 for
one of the following acts:
a) Driving vehicles at speeds exceeding the
prescribed speeds;
b) Failing to apply measures to ensure safety as
prescribed when special-use vehicular machinery break down at road-railway
intersections;
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d) Driving vehicles in underground tunnels
without using headlights; stopping or parking vehicles in underground tunnels
not at the right places; making reversals or U turns in underground tunnels;
e) Failing to observe the regulations on
stopping or parking vehicles at road-railways intersection.
5. A fine of between VND 1,000,000 and 2,000,000
for one of the following acts:
a) Drinking liquors, beer with alcoholic
contents in blood or breath exceeding the prescribed level or using other
stimulants banned by law;
b) When causing accidents, the concerned vehicle
operators fail to stop, fail to keep intact the scenes, flee away without
presenting themselves to competent agencies, fail to participate in giving
first aid to victims.
6. In addition to fines, the vehicle operators
violating Clause 5 of this Article shall be deprived of the right to use
driving licenses or certificates of operating special-use vehicular machinery
for 60 days.
Article 12.- Sanctioning
persons who operate or sit on bicycles and persons who operate other
rudimentary vehicles for violating land-road traffic rules
1. Warning or a fine of between VND 10,000 and
20,000 for one of the following acts:
a) Failing to keep to the right along their
traveling direction, failing to keep for the prescribed road sections;
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c) Failing to observe rules, instructions of
traffic conductors when crossing on ferries, pontoon bridges or when traffic
congestion occurs;
d) Failing to abide by the traffic lights, road
signs, painted lines;
e) Overtaking other vehicles to the right in
cases where such is not allowed;
f) Stopping or parking vehicles on road sections
where vehicles run at suburban road sections with pavements;
g) Leaving vehicles on roadbeds, pavements in
contravention of regulations;
h) Driving vehicles in underground tunnels
without using headlights or light- reflecting objects; stopping or parking
vehicles in underground tunnels not at right places; making U-turns in
underground tunnels;
i) Riding three or more bicycles abreast;
operating two or more other rudimentary vehicles abreast;
j) Using umbrella or mobile phones by bicycle
riders; carrying bulky objects or using umbrellas by persons sitting on
bicycles;
k) Operating rudimentary vehicles during the
nighttime without using signal lamps or light-reflecting objects;
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m) Goods loaded on vehicles fail to ensure
safety, obstruct traffic and/or block the vision of the operators.
2. A fine of between VND 20,000 and 40,000 for
one of the following acts:
a) Failing to obey the orders of traffic
conductors and/or traffic controllers;
b) Parking vehicles on urban thoroughfares thus
obstructing traffic, parking vehicles on tramways, parking vehicles on bridges,
thus obstructing traffic;
c) Failing to observe regulations on stopping
and parking vehicles at road-railways intersections;
d) Driving into restricted roads, restricted
areas; driving from the opposite direction on one-way roads;
e) Failing to give way to or obstructing other
vehicles which ask to overtake; obstructing priority vehicles;
f) Clinging to, pulling or pushing other
vehicles or objects, or carrying on shoulder or transporting bulky objects by
persons who operate or sit on vehicles;
g) Using trolleys as mobile goods stalls on
roads in contravention of regulations, thus obstructing traffic;
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3. A fine of between VND 40,000 and 80,000 for
one of the following acts:
a) Riding bicycles with both hands taken off,
making sudden turns in front of running motorized vehicles; driving bicycles
with feet;
b) Failing to stop, to keep intact the scene
when causing accidents;
c) Operating vehicles without registration,
without number plates if the registration and number plates are required in
localities.
4. A fine of between VND 100,000 and 200,000 for
one of the following acts:
a) Operating bicycles, rudimentary vehicles in
zigzags, to weave one’s way or to chase one another;
b) Riding bicycles on one wheel or tricycles on
two wheels.
Article 13.- Sanctioning
pedestrians who violate land road traffic rules
1. Warning or a fine of between VND 10,000 and
20,000 for one of the following acts:
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b) Failing to abide by the traffic lights,
roadsigns, painted lines on roads.
2. A fine of between VND 20,000 and 40,000 for
one of the following acts:
a) Failing to obey the orders of traffic
conductors and/or traffic controllers;
b) Carrying bulky objects, thus obstructing
traffic;
c) Climbing over median strips when crossing
roads;
d) Clinging to running traffic means.
Article 14.-
Sanctioning persons who direct and walk animals, animal-drawn cart operators
for violating land-road traffic rules
1. Warning or a fine of between VND 10,000 and
20,000 for one of the following acts:
a) Failing to keep on the prescribed road
sections, entering restricted roads, restricted areas, failing to give way as
prescribed, failing to give hand signals when making turns;
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c) Failing to comply with the orders of traffic
conductors, traffic controllers;
d) Letting animals walk in the middle of roads,
unsafely cross the roads, running animals while operating or sitting on
land-road traffic means;
e) Not having enough containers to store
animals’ wastes or failing to clean animal wastes dropped on roads, pavements.
2. A fine of between VND 20,000 and 40,000 for one
of the following acts:
a) Directing or walking animals into road
sections reserved for motorized vehicles;
b) Leaving animals unbridled on land roads;
c) Operating two or more animal-drawn carts
abreast;
d) Letting animal-drawn carts run without persons
to direct them;
e) Having no signals as prescribed.
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a) Loading commodities onto vehicles beyond the
prescribed dimensions;
b) Causing noises or big noises, thus affecting
the quietness in population quarters when loading and/or unloading cargoes
during the time from 22.00 hrs to 05.00 hrs of the following day.
Article 15.- Sanctioning
other acts of violating land-road traffic rules
1. A fine of between VND 20,000 and 40,000 for one
of the following acts:
a) Sun-drying rice, paddy, straw, farm produce
and/or other objects on roads;
b) Dumping garbage, wastes on roads not at the
prescribed places;
c) Illegally building or placing platforms,
decks on pavements or roadbeds;
d) Occupying pavements, traffic routes to hold
markets, display goods for sale;
e) Occupying pavements, roadbeds for placement
of signboards, peddlery, sale offers, bicycle repair, making pent-roofs,
conducting other service activities thus obstructing traffic or affecting
streets’ beautiful looks;
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g) Playing soccer, shuttle kicking, badminton or
other sport games on traffic routes.
2. A fine of between VND 40,000 and 100,000 for
one of the following acts:
a) Leaving materials, discarded stuffs,
obstacles on land roads, thus obstructing traffic;
b) Letting things hide road signs, traffic
lights.
3. A fine of between VND 100,000 and 300,000 for
one of the following acts:
a) Using roads in contravention of regulations
to organize cultural and/or sport activities, processions, rituals;
b) Erecting welcome arches or other shielding
objects within the land areas reserved for roads, thus affecting land-road
traffic order and safety;
c) Removing or opening sewage lids on traffic
roads without permission;
d) Throwing bricks, earth, stones or any objects
at people or means joining in traffic;
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4. A fine of between VND 500,000 and 1,000,000
for one of the following acts:
a) Placing or hanging advertisement billboards
on road land or within land-road safety corridors, thus affecting traffic order
and safety;
b) Spreading nails or other sharp or pointed
objects on, stretching wires or ropes across, or pouring lubricating oil on,
roads.
5. In addition to fines, the persons who commit
acts of violation prescribed at Points a, b, c, d and e of Clause 1, Clause 2, Points
b, c and e of Clause 3, and Clause 4 of this Article shall still be compelled
to dismantle illegally constructed works, restore the original state altered
due to the administrative violations.
Chapter III
ADMINISTRATIVE
SANCTIONING OF ACTS OF VIOLATING THE REGULATIONS ON LAND-ROAD INFRASTRUCTURE
Article 16.- Sanctioning
individuals and organizations that commit acts of violation regarding the use
and exploitation of land areas reserved for roads
1. A fine of between VND 50,000 and 200,000 for
one of the following acts:
a) Temporarily using, exploiting land areas of
road safety corridors for the purposes of agricultural farming, thus affecting
the works’ safety and traffic safety;
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2. A fine of between VND 500,000 and 1,000,000
for one of the following acts:
a) Illegally opening branch roads linking with
main roads;
b) Illegally erecting huts, food and/or drink
stalls within land areas reserved for roads.
3. A fine of between VND 1,000,000 and 2,000,000
for acts of illegally building makeshifts or other temporary works within land
areas reserved for roads.
4. A fine of between VND 3,000,000 and 5,000,000
for acts of illegally building houses or other solid works within land areas
reserved for roads.
5. In addition to fines, individuals and
organizations that commit acts of violating the regulations in Clauses 1, 2, 3
and 4 of this Article shall still be compelled to dismantle the constructions,
remove illegally planted trees and restore the original state altered due to
such administrative violations.
Article 17.- Sanctioning
individuals and organizations that commit acts of violating the regulations on
project construction or maintenance on land roads being under exploitation
1. A fine of between VND 1,000,000 and 3,000,000
for one of the following acts:
a) Building projects on land roads being under
exploitation without permits or with permits but failing to notify such in
writing to the road-managing body before carrying out the construction;
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c) Failing to arrange persons to guide and
conduct traffic when carrying out construction at narrow road sections or at
both ends of bridges, sluices, tunnels, which are under construction;
d) Leaving building materials, earth, stones,
construction means outside the construction sites, thus obstructing traffic;
e) Building projects on urban thoroughfares
without complying with the prescribed plans or timetables;
f) Failing to remove signal boards, barricades,
construction means and other materials or failing to restore the road sections
to their original state upon the completion of construction.
2. A fine of between VND 3,000,000 and 5,000,000
for acts of carrying out construction on being-exploited roads without taking
adequate measures to ensure traffic safety as prescribed, thus causing
accidents, but not seriously enough to be examined for penal liability.
3. In addition to fines, individuals and
organizations that violate the regulations at Points a, b, c and d, Clause 1 of
this Article shall be compelled to take immediate measures to ensure traffic
safety as provided for, to restore the original state altered due to the
administrative violations. In cases where they cannot do all these, they shall
be forced to suspend the construction.
Article 18.- Sanctioning
individuals and organizations that commit acts of violation regarding the
construction of car stations, parking yards, parking lots
1. A fine of between VND 1,000,000 and 2,000,000
for acts of building car stations, parking yards incompliant with the approved
designing scale.
2. A fine of between VND 3,000,000 and 5,000,000
for acts of building or establishing car stations, parking yards incompliant
with the approved plannings.
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Article 19.-
Sanctioning individuals and organiza-tions that commit acts of violating the
regulations on protection of land-road traffic infrastructure
1. Warning or a fine of between VND 10,000 and
20,000 for one of the following acts:
a) Tending or walking cattle on road taluses;
tying cattle to trees on both sides of roads, or to marker posts, road signs,
barriers, land-road traffic support works;
b) Climbing on bridge abutments, piers or beams
without permission.
2. A fine of between VND 20,000 and 60,000 for
acts of building mud embankments and scooping water over road surfaces.
3. A fine of between VND 100,000 and 200,000 for
one of the following acts:
a) Damaging or deactivating water drainage
system for land roads;
b) Dismantling, removing or falsifying at one’s
own will signal boards, traffic lights, barriers, marker posts, milestones,
road-painted lines, boundary markers, structures and auxiliaries of land-road
works, but not to the extent of being examined for penal liability.
4. A fine of between VND 200,000 and 300,000 for
acts of building fires on bridges, under bridges at one’s own will; anchoring
vessels within land-road safety corridors.
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6. A fine of between VND 2,000,000 and 5,000,000
for one of the following acts:
a) Drilling, digging or cutting roads without
permission;
b) Destroying median strips at one’s own will,
but not seriously enough to be examined for penal liability;
c) Exploding mines or exploiting sand, rocks,
cobble stones without permission, thus affecting land-road works.
7. In addition to fines, the persons who commit
acts of violation prescribed in Clauses 2,3 and 4, Points a and b of Clause 6,
of this Article shall also be compelled to restore the original state altered
due to the administrative violations.
Chapter IV
ADMINISTRATIVE
SANCTIONING OF ACTS OF VIOLATING THE REGULATIONS ON MEANS JOINING IN LAND-ROAD
TRAFFIC
Article 20.- Sanctioning
operators of automobiles and vehicles of similar structure for violating
regulations on conditions of means for joining in traffic
1. A fine of between VND 50,000 and 100,000 for acts
of operating automobiles without windscreens; with windscreens and car doors
made of unsafety glass.
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a) Having not enough headlamps, number-plate
lamps, stop lamps, signal lamps, windscreen wipers, rear-view mirrors,
speedometers, or having such things which, however, have no effect, or
additionally fixing high-beam lights at the rears of automobiles;
b) Having no horns or having horns not up to the
volume standards;
c) Having no silencers or having silencers not
up to the technical standards;
d) Failing to adequately fix the number plates
or to paint numbers as prescribed; fixing number plates at wrong possitions;
the number plates are dim, bent, shielded off or damaged;
e) Insetting opaque glass or sticking wax paper
at their own will.
3. A fine of between VND 500,000 and 1,000,000
on automobile drivers for committing one of the following acts:
a) Having not enough brake systems or having
brake systems not up to the technical safety standards;
b) Having the steering systems being not up to
the technical safety standards;
c) Using rubber tires being of wrong sizes or
below the technical standards.
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a) Having no automobile registration papers as
prescribed;
b) Using registration papers inscribed with
wrong frame numbers or engine numbers; registration papers issued not by
competent bodies;
c) Using number plates granted not by competent
bodies; number plates being incompatible with registration papers;
d) Failing to transfer the ownership over the
means according to regulations;
e) Having no certificates or stamps of technical
safety and environmental protection inspection or having such certificates or
stamps but they have expired or been issued not by competent bodies (including
trailers and semi-trailers);
f) Erasing or modifying registration papers,
registration dossiers, certificates or stamps of technical safety and
environmental protection expertise or other papers on the means, but not
seriously enough to be examined for penal liability.
5. A fine of between VND 3,000,000 and 5,000,000
for one of the following acts:
a) Using automobiles of right-hand drive without
permission; driving automobiles registered for temporary operations beyond the
permitted scope and/or time;
b) Operating automobiles with expired use
duration for participating in traffic;
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d) Changing without permission the general frame
structure; the total engine structure; modifying without permission the
structures, shapes, dimensions, paint colors of automobiles against the
manufacturers’ designs or the modification designs already approved by
competent bodies; changing without permission automobiles’ utility properties.
6. A fine of between VND 100,000 and 200,000 on
operators of vehicles with structures similar to automobile structures,
tractors, for committing one of the following acts:
a) Having not enough headlamps or having
headlamps which are, however, ineffective;
b) Having no horns or having horns but not up to
the volume standards;
c) Having no silencers or having them but not up
to the technical standards.
7. A fine of between VND 500,000 and 1,000,000
on operators of vehicles with automobile-like structures, tractors for
committing one of the following acts:
a) Having not enough brake systems or having
enough but they are not up to the technical safety standards;
b) The steering systems are not up to the
technical safety standards.
8. A fine of between VND 1,000,000 and 2,000,000
on operators of vehicles of automobile-like structure or tractors for
committing one of the following acts:
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b) Having no certificates or stamps of technical
safety and environmental protection expertise (if the expertise is required).
9. A fine of between VND 3,000,000 and 5,000,000
on operators of self-manufactured or –assembled vehicles.
10. In addition to fines, the operators of
automobiles or vehicles of automobile-like structure shall still be subject to
additional measures and the following measures: being compelled to fully
install such things or to restore the original state altered due to the administrative
violations, for acts of violating regulations in Clause 2 of this Article;
having the vehicle registration papers withdrawn, for violating regulations at
Point b, Clause 4 of this Article; having the number plates confiscated, for
violating the regulations at Point c, Clause 4 of this Article; being deprived
of the right to use driving licenses for 90 days, for violating regulations in
Clause 5 of this Article; having the driving licenses marked with violation
times, for violating the regulations in Clauses 3, 4, 5, 6, 7 and 8 of this
Article; having the vehicles confiscated and being deprived of driving licenses
for an indefinite time (if the violators have them), for violating Clause 9 of
this Article.
Article 21.-
Sanctioning operators of motorbikes, mopeds and vehicles of similar structures
for violating the regulations on conditions of vehicles when they participate
in traffic
1. A fine of between VND 20,000 and 50,000 for
one of the following acts:
a) Having no horns, low-beam and high-beam
headlights; number-plate lamps; stop lamps; signal lamps, rear-view mirrors, or
having such things which are, however, ineffective;
b) Failing to fix number plates; fixing number
plates in contravention of regulations; number plates are dim, bent, hidden,
damaged.
2. A fine of between VND 50,000 and 100,000 for
one of the following acts:
a) Having no brake systems or having brake
systems which are, however, not up to the technical standards;
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c) Changing vehicles’ labels at one’s own will.
3. A fine of between VND 100,000 and 200,000 for
one of the following acts:
a) Using automobile horns or horns with volumes
exceeding the prescribed levels;
b) Having no silencers or having silencers which
are, however, not up to the technical standards.
4. A fine of between VND 200,000 and 500,000 for
one of the following acts:
a) Having no vehicle registration papers as
prescribed;
b) Using vehicle registration papers which have
been erased; using vehicle registration papers with wrong numbers of vehicle
frames and/or engines, or registration papers not issued by competent bodies;
c) Fixing number plates with numerals or letters
being not compatible with those inscribed in the registration papers; number
plates not granted by competent bodies.
5. A fine of between VND 500,000 and 1,000,000
for one of the following acts:
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b) Erasing, amending or forging vehicle
registration dossiers;
c) Changing at one’s own will frames, engines,
shapes, dimensions and/or colors of vehicles;
d) Operating vehicles which are registered for
temporary operation beyond the permitted scope and/or time;
e) Operating self-manufactured or self-assembled
vehicles.
6. In addition to fines, the operators of
motorbikes, mopeds or similar vehicles shall be also subject to the application
of additional measures and the following measures: confiscation of horns, for
breaching Point a, Clause 3 of this Article; confiscation of vehicle
registration papers, for violating Point b, Clause 4 of this Article;
confiscation of number plates, for violating Point c, Clause 4 of this Article;
deprivation of the right to use driving licenses for 30 days, for violating
Points a, c and d, Clause 5 of this Article; forced restoration of the original
state altered due to administrative violations, for violating Point c of Clause
2, Point c of Clause 5, of this Article; confiscation of vehicles, deprivation
of driving licenses (if the violators have them) for indefinite period of time,
for violating Point e, Clause 5 of this Article; marking of the violation times
on driving licenses, for violating Clauses 3, 4 and 5 of this Article.
Article 22.-
Sanctioning operators of rudimentary vehicles for violating the regulations on
conditions of vehicles participating in traffic
1. A fine of between VND 10,000 and 20,000 for
acts of having no registration papers, having not fixed number plates (if the
registration and number plate fixture are stipulated by localities).
2. A fine of between VND 10,000 and 30,000 for
one of the following acts:
a) Having no brake systems or having brake
systems which are, however, ineffective;
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Article 23.-
Sanctioning operators of special use vehicular machinery for violating the
regulations on conditions of means participating in traffic
1. A fine of between VND 50,000 and 100,000 for
acts of having no headlights, having no silencers as designed.
2. A fine of between VND 100,000 and 300,000 for
one of the following acts:
a) Having no registration papers; having fixed
number plates not at the right places; having fixed number plates not granted
by competent bodies;
b) The brake systems or the steering systems
fail to satisfy the technical standards;
c) Special-use parts have been installed not at
the right places; fail to ensure firmness when being on the move;
d) Operating beyond the prescribed scope;
e) Having no certificates of technical safety
and environmental protection inspection, or having such certificates which
have, however, expired.
3. A fine of between VND 500,000 and 1,000,000
for acts of operating self-made, self-assembled or modified special-use
vehicular machinery.
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Article 24.-
Sanctioning automobile operators for violating the regulations on environmental
protection while joining in traffic
1. A fine of between VND 50,000 and 100,000 for
acts of operating dirty vehicles into cities, provincial towns.
2. A fine of between VND 100,000 and 200,000 for
acts of discharging smokes beyond the prescribed limits, stinking smells into
the air.
3. A fine of between VND 200,000 and 300,000 for
acts of discharging lubricating oil, toxic chemicals on roads.
4. In addition to fines, the persons who violate
the regulations in Clauses 1 and/or 3 of this Article shall also be compelled
to overcome the consequences caused by their administrative violations.
Chapter V
ADMINISTRATIVE
SANCTIONING OF ACTS OF VIOLATING THE REGULATIONS ON MEANS OPERATORS JOINING IN
LAND-ROAD TRAFFIC
Article 25.- Sanctioning
acts of violating the regulations on conditions of motorized vehicle drivers
1. Warning shall be imposed on persons aged
between full 14 and under 16 for operating mopeds or motorbikes.
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a) Persons aged between full 16 and under 18,
who operate motorbikes of a cylinder capacity of 50 cm3 or over;
b) Failing to carry along vehicle registration
papers and valid certificates of motorized vehicle owners’ civil liability
insurance, by motorbike or moped operators;
c) Failing to carry along driving licenses by
motorbike operators.
3. A fine of between VND 50,000 and 100,000 on
motorbike operators for committing one of the following acts:
a) Having no driving licenses;
b) Using driving licenses not issued by
competent bodies; erased driving licenses;
c) Having no valid certificates of motorized
vehicle owners’ civil liability insurance.
4. A fine of between VND 100,000 and 200,000 on
automobile operators for failing to carry along vehicle registration papers,
driving licenses, certificates of inspection of technical safety and
environmental protection; failing to carry along valid certificates of
motorized vehicle owners’ civil liability insurance.
5. Warning against persons aged between full 14
and under 16 for operating automobiles, tractors or vehicles of similar
structures.
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7. A fine of between VND 300,000 and 500,000 for
one of the following acts:
a) Operating automobiles, tractors of a tonnage
of 3,500 kg or over; passenger taxis; passenger cars of 10 seats or more by
persons aged between full 18 and under 21;
b) Operating passenger cars of over 30 seats by
persons aged between full 18 and under 25;
c) Operating passenger cars of over 30 seats by
men aged over 55 or women aged over 50;
d) Operating automobiles with expired driving
licenses; with driving licenses incompatible with the types of vehicles being operated;
having no valid certificates of motorized vehicle owners’ civil liability
insurance.
8. A fine of between VND 1,000,000 and 2,000,000
on automobile operators for committing one of the following acts:
a) Having no driving licenses;
b) Having driving licenses not issued by
competent bodies; driving licenses which have been erased.
9. In addition to fines, the violators shall
also be subject to the application of additional measures and the following
measures: temporary seizure of vehicles for 15 days, for acts of violating
Clause 1, Point a of Clause 2, Clause 5, Points a, b and c of Clause 7, Point a
of Clause 3 of this Article; confiscation of driving licenses and temporary
seizure of vehicles for 15 days, for violating Point b, Clause 3 of this Article;
deprivation of the right to use driving licenses for 30 days, for violating
Points a, b and c, Clause 7 of this Article; the marking of violation times on
driving licenses, for violating Clauses 4 and/or 7 of this Article; temporary
seizure of vehicles for 30 days and confiscation of driving licenses (if any),
for violating Clause 8 of this Article.
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1. A fine of between VND 100,000 and 200,000 on
special-use vehicular machinery operators not at the prescribed ages, not
compliance with the prescribed production lines.
2. A fine of between VND 200,000 and 300,000 on
special-use vehicular machinery operators for having no driving licenses or
certificates of land-road traffic legislation knowledge fostering.
Article 27.- Sanctioning
acts of violating the regulations on training and testing of drivers
1. A fine of between VND 200,000 and 400,000 on
driving practice trainers for committing one of the following acts:
a) Letting trainees who have not driving
practice permits to practice driving;
b) Carrying people, cargoes on driving practice
vehicles;
c) Driving not on the routes and/or not at the
time prescribed in driving practice permits.
2. A fine of between VND 500,000 and 1,000,000
on drivers- training establishments for committing one of the following acts:
a) Failing to arrange driving practice
instructors to sit by the side of driving trainees;
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c) Failing to equip driving practice vehicles
with additional brakes.
3. A fine of between VND 3,000,000 and 5,000,000
on drivers- training establishments, drivers-testing centers for committing one
of the following acts:
a) Having no operation permits; failing to meet
all prescribed conditions; failing to comply with training contents and
programs, for drivers- training establishments;
b) Failing to fully meet conditions for
operation, for drivers-testing centers.
4. In addition to fines, the drivers- training
establishments which violate Point a, Clause 3, and drivers-testing centers
which violate Point b, Clause 3, of this Article, shall also be compelled to
suspend their operation and deprived of the right to use licenses.
Chapter VI
ADMINISTRATIVE
SANCTIONING OF ACTS OF VIOLATING THE REGULATIONS ON LAND-ROAD TRANSPORT
Article 28.- Sanctioning
passenger car operators
1. A fine of between VND 20,000 and 50,000 for
acts of failing to guide passengers to sit at the prescribed places in cars.
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a) Failing to close the car doors when cars are
running;
b) Letting passengers sit in cars when the cars
embark or disembark ferries, run on pontoon bridges or when the cars are on
ferries, excluding aged people, sick persons, disabled persons;
c) Tying luggage, cargoes unsafely; letting
cargoes drop on roads.
3. A fine of between VND 100,000 and 300,000 for
one of the following acts:
a) Taking, releasing passengers not at the
prescribed places;
b) Letting passengers get on or get down when
the cars are running;
c) Taking, releasing passengers at places where
stop and/or parking are not allowed, at curved road sections where vision is blocked.
4. A fine of between VND 300,000 and 500,000 for
one of the following acts:
a) Failing to run on the prescribed routes,
according to the prescribed schedules and/or transport itineraries;
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c) Transferring passengers midway onto other
cars without their consents;
d) Dropping passengers to escape inspection and
control by competent persons;
e) Carrying in excess 1 person for four-seat
cars; 2 persons for 9-seat cars; 3 persons for cars of more than 9 seats; 4
persons for cars of 30 or more seats;
f) Carrying cargoes in excess of the vehicles’
designed tonnage or outside dimensions; arranging cargoes in passengers
compartments;
g) Transporting goods with stinking smells,
animals or commodities, which affect passengers’ health;
h) Arranging commodities on passenger-car roofs,
thus tilting the cars;
i) Cars carrying passengers under contracts
without bearing the signboard "Xe hop dong" (contractual car);
j) Carrying passengers on fixed routes without
itinerary books.
5. A fine of between VND 1,000,000 and 2,000,000
for acts of transporting hazardous goods, flammable or explosion-prone goods on
passenger cars.
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Article 29.- Sanctioning
truck drivers
1. A fine of between VND 50,000 and 100,000 for
acts of carrying unpacked goods, wastes without roofs, covers or with roofs,
covers, but still letting them drop on roads.
2. A fine of between VND 100,000 and 500,000 for
acts of failing to firmly tie up commodities which need to be firmly tied up
when being loaded on lorries; loading cargoes on cabin roofs; loading cargoes
thus canting trucks.
3. A fine of between VND 500,000 and 1,000,000
for one of the following acts:
a) Carrying cargoes in excess of the designed
tonnage or in excess of dimensions prescribed for vehicles;
b) Carrying persons on vehicle trunks in contravention
of regulations.
4. A fine of between VND 1,000,000 and 2,000,000
for acts of illegally transporting commodities, but not to the extent of being
examined for penal liability.
5. In addition to fines, the persons who commit
acts of violating the regulations in this Article shall also be subject to the
application of additional measures and the following measures:
a) Overcoming the consequences caused by acts of
violation, for violating Clause 1 of this Article;
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Article 30.- Sanctioning
automobile operators for committing acts of violating the regulations on
transportation of super-long, super-heavy cargoes.
1. A fine of between VND 1,000,000 and 2,000,000
for acts of carrying super-long and/or super-heavy cargoes without complying with
the regulations in the circulation papers; without signaling dimensions of the
cargoes.
2. A fine of between VND 2,000,000 and 3,000,000
for acts of carrying super-long and/or super-heavy cargoes without circulation
papers as provided for.
3. In addition to fines, the persons committing
acts of violation prescribed in Clauses 1 and 2 of this Article shall also be
subject to the marking of violation times on their driving licenses.
Article 31.- Sanctioning
automobile operators for acts of committing the regulations on transportation
of dangerous goods
1. A fine of between VND 1,000,000 and 2,000,000
for acts of transporting dangerous goods, but stopping or parking vehicles at
crowded places, population quarters, important works or at places where danger may
easily occur.
2. A fine of between VND 2,000,000 and 3,000,000
for acts of transporting dangerous goods without permits or with permits but
failing to comply with the regulations therein.
3. In addition to fines, the persons who commit
acts of violating Clauses 1 and/or 2 of this Article shall also be subject to
the marking of violation times in driving licenses.
Article 32.-
Sanctioning operators of buses, sanitation vehicles, trucks carrying wastes,
unpacked materials and other lorries for acts of violating the regulations on
transport activities within urban centers
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Article 33.- Sanctioning
taxi drivers
1. A fine of between VND 100,000 and 200,000 on
taxi drivers for committing one of the following acts:
a) Using cars of over 9 seats including driver’s
as taxi;
b) Having no taxi lamp boxes or meters as
provided for;
c) The vehicle’s paint color, enterprises’
logos, transaction telephone numbers inscribed on vehicles are not compatible
with registration;
d) Having no training certificates as provided
for.
2. A fine of between VND 200,000 and 300,000 on
taxi drivers for acts of competing for passengers.
3. A fine of between VND 1,000,000 and 2,000,000
on persons who operate passenger cars in form of taxi but without taxi business
registration.
4. In addition to fines, the violators shall
also be subject to the application of additional measures and the following
measures: Deprivation of the right to use driving licenses for 30 days, for
violating Clause 3 of this Article; the marking of violation times on driving
licenses, for violating Clauses 2 and/or 3 of this Article.
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SANCTIONING OTHER
VIOLATIONS RELATED TO LAND-ROAD TRAFFIC
Article 34.- Sanctioning
persons who illegally manufacture, sell number plates of land-road traffic
means
1. A fine of between VND 1,000,000 and 2,000,000
for acts of selling number plates of land-road traffic means other than the
number plates manufactured by competent State bodies, or without permission of
competent State bodies, but not seriously enough to be examined for penal
liability.
2. A fine of between VND 3,000,000 and 5,000,000
for acts of manufacturing number plates without permission of competent State
bodies.
3. In addition to fines, the persons committing
acts of violation prescribed in Clause 1 and/or 2 of this Article shall also be
subject to confiscation of the number plates and suspension of operation.
Article 35.- Sanctioning
means owners for violating the regulations on land-road traffic safety
conditions
1. A fine of between VND 1,000,000 and 2,000,000
for acts of failing to abide by the withdrawal of vehicle registration papers;
the number plates of automobiles, special-use vehicular machinery and those of
similar structures according to regulations.
2. A fine of between VND 2,000,000 and 3,000,000
for acts of renting, borrowing components and/or accessories of automobiles
when taking automobiles for inspection.
3. A fine of between VND 5,000,000 and
10,000,000 for acts of modifying automobiles of other types into passenger
cars.
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1. A fine of between VND 50,000 and 100,000 on
passengers for committing one of the following acts:
a) Failing to observe the car-travel rules;
b) Causing disorder in cars;
c) Threatening the life and health or infringing
upon the property of other passengers in cars, but not seriously enough for
being examined for penal liability;
d) Hanging onto, clinging to cars’ sides;
standing, sitting or lying on cars’ roofs; opening at one’s own will car doors
or committing other unsafe acts when cars are running.
2. A fine of between VND 100,000 and 200,000 for
acts of illegally carrying goods onto passenger cars, but not seriously enough
for being examined for penal liability.
Article 37.-
Sanctioning operators of caterpillars, vehicles with tonnage or dimensions
exceeding the capacities or sizes of bridges or roads
1. A fine of between VND 100,000 and 200,000 for
acts of failing to obey the tonnage inspectors’ signals requesting the
inspection of vehicle’s tonnage.
2. A fine of between VND 1,000,000 and 2,000,000
for acts transporting cargoes with the total tonnage of the vehicles (including
the deadweight tonnage of vehicles and cargoes’ weight), the vehicle axes’
load, after subtracting the permitted errors, exceeding the bridges’ or roads’
load capacity by between 1 and 2%.
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a) Transshipping goods or employing other tricks
to escape the detection of overloaded or oversized vehicles;
b) Having no circulation papers; expired
circulation papers; or failing to keep on the permitted routes or road sections
though having circulation papers;
c) Carrying goods with the total tonnage of
vehicle (the dead weight of vehicle’s body and goods tonnage), load of vehicle’s
axes, after subtracting the permitted errors, exceeding of the load capacity of
bridges or roads by over 2%;
d) Carrying goods with dimensions beyond the
limit sizes of bridges or roads, inscribed in the circulation papers.
4. In addition to fines, the means operators or
means owners who commit acts of violation prescribed in Clauses 2 and 3 of this
Article shall also be compelled to unload the excessive weight, dismantle the
oversized sections or suspend the circulation; if causing damage to bridges or
roads, they must restore them to their original state altered by their
administrative violations; who commit acts of violation prescribed in Clauses 2
and 3 of this Article shall also be subject to the marking of violation times
on their driving licenses.
Article 38.-
Sanctioning illegal vehicle racers, illegal race stimulators
1.A fine of between VND 500,000 and 1,000,000
for one of the following acts:
a) Rallying to stimulate, incite acts of driving
vehicles beyond the prescribed speeds, in zigzag, way-weaving, in chase of one
another on roads or illegally racing;
b) Taking part in illegal bicycle races, cyclo
races, animal-drawn cart races, animal races.
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3. A fine of between VND 10,000,000 and
20,000,000 on illegal automobile, motorbike or moped racers, but not seriously
enough for being examined for penal liability.
4. A fine of between VND 20,000,000 and
30,000,000 for one of the following acts:
a) Resisting persons on official duty by
automobile, motorbike, moped racers, but not seriously enough for being
examined for penal liability;
b) Organizing illegal vehicle races, but not
seriously enough for being examined for penal liability.
5. In addition to fines, the persons who commit
acts of violating Clause 3, Point a of Clause 4, of this Article shall also be
deprived of the right to use driving licenses for indefinite time and have their
vehicles confiscated.
Article 39.-
Sanctioning violators who commit acts of obstructing or giving money to persons
on official duty
1. A fine of between VND 500,000 and 1,000,000
for one of the following acts:
a) Obstructing the inspection and control by
persons being on official duty;
b) Giving money, assets or other material
benefits to persons who perform their official duty in order to shirk the
handling of administrative violations, but not seriously enough for being
examined for penal liability.
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Article 40.-
Sanctioning operators of motorized land-road vehicles affixed with foreign
number plates, who violate the transport agreements signed between Vietnam and
foreign countries
1. A fine of between VND 1,000,000 and 2,000,000
on operators of motorized vehicles affixed with foreign number plates for committing
one of the following acts:
a) Circulating means on the Vietnamese territory
beyond the prescribed time limits;
b) Operating beyond the permitted scope of
operation;
c) Operating vehicles without transnational
licenses; without transnational badges or with expired ones;
d) Carrying passengers or commodities in
contravention of the land-road transport agreements or protocols, which have
been signed, or exiting or entering not at the right border-gates.
2. In addition to fines, the operators of land-road
vehicles affixed with foreign number plates shall have their vehicles
re-exported out of Vietnam, if violating Points a, c, d, Clause 1 of this
Article, or be subject to the marking of violation times on their driving
licenses if violating Clause 1 of this Article.
Chapter VIII
COMPETENCE TO
ADMINISTRATIVELY SANCTION ACTS OF VIOLATION REGARDING LAND-ROAD TRAFFIC
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1. Presidents of the People’s Committees of all
levels are competent to sanction acts of violating the provisions of this
Decree within the scope of their localities’ management.
2. The land-road traffic police are competent to
sanction acts of violating land-road traffic order and safety as well as urban
traffic order and safety on persons and means joining in land-road traffic,
prescribed in this Decree.
3. The order-maintaining police, force, the
police force in charge of administrative management of social order are
competent to sanction acts of violation prescribed at points, clauses and
articles of this Decree as follows:
a) Point f of Clause 2; Points g and h of Clause
3; Point k of Clause 5; Point b of Clause 6 of Article 9;
b) Point g, Points l of Clause 2; Point b of
Clause 5; Clause 8; Clause 9 of Article 10;
c) Point g of Clause 1; Points f, g of Clause 2,
Point e of Clause 4 of Article 11;
d) Points b, c, d, f, g, Clause 2, Article 12;
e) Points b and c, Clause 2 of Article 13;
f) Article 14;
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h) Article 22;
i) Points a, b and c of Clause 1, Article 36;
j) Articles 38 and 39
4. The land-road traffic inspection forces are
competent to sanction acts of violation by persons and means participating in
traffic at static traffic points prescribed at points, clauses and articles of
this Decree as follows:
a) Points a, g, h and o of Clause 3, Point b of
Clause 6, of Article 9;
b) Points g, q of Clause 2, Point a, Clause 3 of
Article 10;
c) Points f and g of Clause 1; Points a, f and h
of Clause 2 of Article 11;
d) Points c, f and g, Clause 1, Points a and b
of Clause 2, Article 12;
e) Points a, b, c, e of Clause 1; Points a and b
of Clause 2; Points a, b, c and e of Clause 3, Article 15;
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g) Clause 1, Points b, c of Clause 2; Point a, c
and of Clause 3; Points a, i, f, h and j of Clause 4, Article 28; Clause 1,
Point a of Clause 3, Article 29.
h) Articles 30, 32, 33 and 37.
Article 42.-
Sanctioning competence of the presidents of People’s Committees at all levels
1. The commune-level People’s Committee
presidents are competent:
a) To impose warning;
b) To impose fines of up to VND 500,000;
c) To confiscate material evidences, means used
for administrative violations, valued at up to VND 500,000;
d) To force the restoration of the original
state altered due to administrative violations committed, or force the
dismantlement of illegally constructed works.
2. The district-level People’s Committee
presidents shall have the rights:
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b) To impose fines of up to VND 20,000,000;
c) To confiscate material evidences, means used
for administrative violations;
d) To deprive the right to use driving licenses,
practice certificates, which falls under their jurisdiction;
e) To force the restoration of the original
state altered due to administrative violations or force the dismantlement of
illegally built works.
3. The provincial-level People’s Committee
presidents shall have the rights:
a) To impose warning;
b) To impose a fine of up to VND 30,000,000;
c) To confiscate material evidences, means used
for administrative violations;
d) To deprive the right to use licenses
practice, certificates, which falls under their jurisdiction;
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Article 43.- Sanctioning
competent of people’s police
1. People’s police being on official duty shall
have the right:
a) To imposing warning;
b) To impose fines of up to VND 100,000.
2. Team leaders and station heads of the
people’s police force, prescribed in Clause 1 of this Article, shall have the
rights:
a) To impose warning;
b) To impose fines of up to VND 200,000.
3. The commune-level police chiefs shall apply
forms of administrative handling prescribed in Clause 1, Article 42 of this
Decree.
4. The district-level police chiefs shall have
the rights:
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b) To impose fines of up to 10,000,000;
c) To deprive the right to use licenses,
practice certificates, which falls under their jurisdiction;
d) To confiscate material evidences, means used
for administrative violations;
e) To force the restoration of the original
state altered due to the administrative violations or force the dismantlement
of illegally constructed works.
5. The heads of the traffic police sections, the
heads of social order police section, the heads of the social order management
police section of the provincial/municipal Police Departments; the heads of the
special task-force units, the heads of the mobile police units of the company
or higher levels, operating independently shall have the sanctioning competence
like the police chiefs of district, provincial-town- level, prescribed in
Clause 4 of this Article.
6. The directors of the provincial-level Police
Departments shall have the right:
a) To serve warning;
b) To impose fines of up to VND 20,000,000;
c) To apply additional sanctioning forms and
consequence-overcoming measures specified in Clause 4 of this Article.
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a) To serve warning;
b) To impose fines of up to VND 30,000, 000;
c) To deprive the right to use licenses,
practice certificates, which falls under their jurisdiction;
d) To confiscate material evidences, means used
for administrative violations;
e) To apply additional sanctioning forms and
consequence-overcoming measures specified in Clause 4 of this Article.
Article 44.- Sanctioning
competence of land-road traffic inspectors
1. The land-road traffic inspectors being on
official duty shall have the rights:
a) To serve warning;
b) To impose fines of up to VND 200,000;
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d) To force the restoration of original state
altered due to administrative violations or force the dismantlement of
illegally constructed works.
2. The land-road traffic chief inspectors of the
provincial/municipal level shall have the rights:
a) To serve warning;
b) To impose fines of up to VND 20,000,000;
c) To deprive the right to use licenses,
practice certificates, which falls under their jurisdiction;
d) To confiscate material evidences, means used
for administrative violations;
e) To force the restoration of the original
state altered due to the administrative violations or to force the
dismantlement of illegally constructed works.
3. The land-road traffic chief inspectors of the
ministerial level shall have the rights:
a) To serve warning;
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c) To strip of the right to use licenses,
practice certificates, which falls under their jurisdiction;
d) To confiscate material evidences, means used
for administrative violations;
e) To force the restoration of the original
state altered due to the administrative violations or force the dismantlement
of illegally constructed works.
Article 45.- Fine
collection and payment
1. Individuals and organizations committing
administrative violations regarding land-road traffic and being fined shall
have to pay fines according to law provisions.
2. The collection and payment of fines shall
comply with the provisions of the Ordinance on Handling of Administrative
Violations.
Article 46.-
Sanctioning order and procedures
The sanctioning order and procedures must comply
with the provisions of the Ordinance on Handling of Administrative Violations.
Article 47.- Abiding by
decisions on administrative sanctions
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2. If past the time limit prescribed in Clause 1
of this Article the individuals and/or organizations being sanctioned for
administrative violations fail to voluntarily abide by the sanctioning
decisions, they shall be coerced to do so.
Article 48.- Coercive
enforcement of decisions to sanction administrative violations
1. Administratively sanctioned individuals and
organizations that fail to abide by the sanctioning decisions shall be forced
to implement them through the following measures:
a) Deducting parts of their wages or incomes,
making deductions from deposits in their bank accounts;
b) Inventorying part of assets with value
corresponding to the fine amount for auction;
c) Other coercive measures to confiscate
material evidences, means used for administrative violations, to force the
restoration of the original stage altered due to the administrative violations
or force the dismantlement of illegally constructed works.
2. Individuals and organizations that receive
the coercion decisions must strictly abide by them.
3. The coerced individuals and organizations
must bear all expenses for organization of the implementation of coercive
measures.
4. The coercion through measures specified at
Points b and c, Clause 1 of this Article must be notified in writing before the
implementation thereof to the commune-level People’s Committees of the
localities where the coercion shall be effected for coordinated implementation.
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6. The people’s police force shall have to
ensure order and safety in the process of enforcing the coercion decisions of
the presidents of the People’s Committees of the same level or the coercion
decisions of other State bodies when so requested by the latter.
Article 49.- Complaint
and denunciation
1. Administratively sanctioned individuals and
organizations or their lawful representatives are entitled to complain about
sanctioning decisions under the provisions of the Ordinance on Handling of
Administrative Violations.
2. Citizens may denounce the administrative
violations committed by organizations or individuals and the violations committed
by persons who are competent to impose administrative sanctions to competent
State bodies.
Chapter IX
IMPLEMENTATION PROVISIONS
Article 50.-
Implementation effect
This Decree takes implementation effect 15 days
after its publication on the Official Gazette. To annul the Government’s Decree
No.39/2001/ND-CP of July 13, 2001 prescribing the administrative sanctions
against violations of land-road traffic order and safety as well urban traffic
order and safety; to annul Articles 39 and 40 of the Government’s Decree
No.172/1999/ND-CP of December 7, 1999 detailing the implementation of the
Ordinance on Protection of Traffic Works regarding land-road traffic works.
Article 51.-
Implementation organization
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Article 52.- Implementation
responsibilities
The ministers, the heads of the
ministerial-level agencies, the heads of the agencies attached to the Government
and the presidents of the People’s Committees of the provinces and
centrally-run cities shall have to implement this Decree.
ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai