THE
GOVERNMENT
-------
|
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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|
No.
171/2013/ND-CP
|
Hanoi,
November 13, 2013
|
DECREE
ON PENALTIES FOR ROAD ADMINISTRATIVE TRAFFIC OFFENCES AND
RAIL TRANSPORT OFFENCES
Pursuant to the Law on Government
organization dated December 25, 2001;
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 of
regulation
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. For administrative violations
pertaining road traffic and rail transport that are not mentioned in this
Decree, other Decrees on administrative penalties for corresponding violations
shall apply.
Article 2. Subjects
of application
1. The organizations and individuals
that commit road traffic offences and rail transport offences within the
territory of Socialist Republic of Vietnam.
2. The persons that have the power to
impose penalties.
3. Relevant organizations and
individuals.
Article 3.
Interpretation of terms
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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 means a motor vehicle that has
two axles and four or more wheels, the engine and cargo bed of which are on the
same chassis.
c) A motorcycle means a motor vehicle
that has two or three wheels, the capacity engine of which is 50 cm3
or over. The maximum speed of a motorcycle exceeds 50 km/h, and the net weight
of which does not exceed 400 kg.
d) An electric motorcycle means a
two-wheel vehicle run by an electric engine of which the power does not exceed
4 kW. The maximum speed of an electric motorcycle does not exceed 50 km/h;
dd) A moped means a motor vehicle that
has two or three wheels, the maximum speed of which does not exceeds 50 km/h,
except for the vehicles in Point e f this Clause;
e) Motored bicycle means a two-wheel
bicycle that is equipped with an engine. The maximum speed of an electric
bicycle is 25 km/h. A motor bicycle is 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) Sliding 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) Signaling 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 combined 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
1. 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 earned
by committing the violations;
e) Other remedial measures mentioned 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 2.
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 from 100,000 VND to 200,000
VND shall be imposed for:
a) Disobeying the signs and road
markings, except for the violations mentioned in Point a, Point h, Point i,
Point k Clause 2; Point a, Point d, Point d, Point e, Point l Clause 3; Point
a, Point b, Point c, Point d, Point dd, Point i, Point k Clause 4; Point a,
Point c, Point d Clause 5; Point a Clause 6; Point a 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.
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) Parking on a carriageway without
putting danger signs as prescribed, unless parking is allowed at that position.
e) No signs in front of the towing
vehicle and behind the towed vehicle; the towing vehicle and towed vehicle are
not firmly connected; the tractor-trailer does not have a sign as prescribed;
g) Causing a collision with the vehicle
ahead due to failure to keep a safe distance; failing to keep the safe distance
in accordance with the “Safe distance” sign, except for the violations
mentioned in Point I Clause 4 of this Article;
h) Failing to comply with the
regulations on yielding at intersections, except for the violations mentioned
in Point d and Point dd Clause 2 of this Article;
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k) The operator or passenger in the
front seat fails to fasten the seat belt while the vehicle has seat belts.
l) Carrying a passenger in the front
seat not fastening the seat belt (if available) while the vehicle is running.
2. A fine of from 300,000 VND to 400,000
VND shall be imposed for one of the following violations:
a) Changing lanes while prohibited or
without signaling, except for the violations mentioned in Point i 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 carriageway, unless the other vehicles are speeding;
c) Allowing more people to seat in the
cockpit than the permissible limit;
d) Failing to reduce speed and yield
when joining the traffic from an alley or when moving from a small to a major
road;
dd) Failing to let another vehicle to
overtake at their request when it is safe to do so; failing to yield to
vehicles in the emergency lane or on major roads at the intersection.
e) The emergency vehicle on duty does
not have proper audible and/or visual warnings;
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h) Failing to stop the vehicle along 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, or where the “No stopping or
parking” sign applies; get out of the driving position or turning off the
engine while stopping; stopping or parking at improper positions where parking
space is provided; stopping or parking at the crosswalk;
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 the “No u-turn”
sign applies;
l) Reversing the vehicle on a one-way
road, 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 warnings;
m) Involving in an accident without
stopping the vehicle, protecting the crash scene, or giving first aid to the
victims, except for the violations in Point b Clause 6 of this Article.
3. A fine of from 600,000 VND to 800,000
VND shall be imposed for one of the following violations:
a) Exceeding the speed limits by 5 km/h
but less than 10 km/h;
b) Honking, revving up the engine, using
air horns or high beam in the urban area or residential area, except for
emergency vehicles;
c) Turning without slowing down or
signaling;
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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.
h) Failing to stop the vehicle along 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 where the “No
parking” sign or “No stopping or parking” sign applies; parking on the sidewalk
against the law;
g) Failing to use sufficient lighting at
night or in a foggy or bad weather when visibility is short; using the high
beam when facing oncoming vehicles, except for the violations mentioned in Point
d Clause 5 of this Article;
h) Using audible and/or visual warnings
of an emergency vehicle on a non-emergency vehicle;
i) Using a car to tow two or more
vehicles, push another vehicle, tow a non-motorized vehicle, motorcycle, moped,
or drag stuff on public roads; using a tractor-trailer to tow another trailer
or car;
k) Carrying passengers on the towed
vehicle, except for the driver;
l) Failing to comply with the traffic
lights, except for the violations mentioned in Point k Clause 4 of this
Article.
4. A fine of from 800,000 VND to
1.200,000 VND shall be imposed for one of the following violations:
a) Going through a road tunnel without
using the lower beam; reversing, making an u-turn in a road tunnel; stopping,
parking, overtaking at improper positions in a road tunnel;
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c) Failing to keep the vehicle to the
right; going in the wrong lane;
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) Disobey the orders or instructions of
traffic conductors;
g) Failing to yield to or obstructing
emergency vehicles that are sending out emergency signals;
h) Failing to take safety measures when
the vehicle breaks down at an intersection with a railway;
i) Breaking the rules when entering or
leaving the highway, when running in the emergency lane or on the shoulder of
the highway, when stopping or parking on the highway; making an u-turn,
reversing on the highway; changing lanes at improper positions or without
signals; disobeying the signs indicating the safe following distance on the
highway;
k) Keep going when the traffic lights
have turned red, unless the vehicle has crossed the stop line before the
traffic lights turn yellow.
5. A fine of from 2,000,000 VND to
3,000,000 VND shall be imposed for one of the following violations:
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b) Operating the vehicle on public roads
with blood alcohol content below the levels mentioned in Point b Clause 7 and
Point a Clause 8 of this Article;
c) Overtaking where overtaking is
prohibited; overtaking without 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;
d) Dodging oncoming vehicles improperly;
failing to yield to oncoming vehicles where the road is narrow, sloping, or obstructed.
6. A fine of from 4,000,000 VND to
6,000,000 VND shall be imposed for one of the following violations:
a) Exceeding the speed limits by more
than 20 km/h to 35 km/h;
b) Causing an accident without stopping,
protecting the scene, informing the competent authority, or giving first aid to
the victim.
7. A fine of from 7,000,000 VND to
8,000,000 VND shall be imposed for one of the following violations:
a) Exceeding the speed limits by more
than 35 km/h; going wrong way on a highway, except for emergency vehicles on
duty;
b) Operating the vehicle while blood
alcohol content (BAC) exceeds 50 - 80 mg per 100 ml of blood, or breath alcohol
content (BrAC) exceeds 0.25 - 0.4 mg per liter of breath;
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d) Weaving, speeding and chasing on
public roads.
8. A fine of from 10,000,000 VND to
15,000,000 VND shall be imposed for one 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 the traffic conductor’s or
duty officer’s order for alcohol or drug testing.
9. A fine of from 15,000,000 VND to
20,000,000 VND shall be imposed for the violations in Point d Clause 7 of this
Article that lead to a traffic accident, or for failing to stop on duty
officers’ order.
10. The driving license shall be
suspended for 24 months (if any) or a fine of from 8,000,000 VND to 10,000,000
VND shall be imposed (if the operator does not have a driving license or his
driving license is suspended) for operating the vehicle on public roads under
the influence of drugs.
11. Apart from fines, the operators that
commit the violations shall also incur the following additional penalties:
a) The illegal horns, flags, and lights
shall be confiscated when any of the violations mentioned in Point h Clause 3
of this Article is committed;
b) The driving license shall be
suspended for 01 month when any of the violations mentioned in Point h Clause
3, Point b, Point c, Point e, Point i, Point k Clause 4, Point b Clause 5,
Point a Clause 6 of this Article is committed;
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d) The driving license shall be
suspended for 04 month when any of the violations mentioned in Clause 9 of this
Article is committed, or the violations in Point d Clause 7 of this Article are
recommitted.
Article 6. Penalties
incurred by operators and passengers on mopeds and motorcycles (including
electric motorcycles)
1. A fine of from 60,000 VND to 80,000
VND shall be imposed for:
a) Disobeying the signs and road
markings, except for the violations mentioned in Point a, Point dd, Point h
Clause 2; Point c, Point dd, Point h, Point o Clause 3; Point c, Point d, Point
e, Point g, Point i Clause 4; Point a, Point c, Point d Clause 5; Point dd
Clause 6; Point d Clause 7 of this Article;
b) No signaling before overtaking;
c) Failing to keep a safe distance that
leads to a collision with the vehicle ahead; failing 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 without yielding to 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;
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h) Using an umbrella, cell phone, or audio
device other than hearing aid devices; using an umbrella when sitting on the
vehicle;
i) Breaking the rules on yielding at
intersections, except for the violations mentioned in Point d Clause 2 and
Point b Clause 3 of this Article.
2. A fine of from 80,000 VND to 100,000
VND shall be imposed for one of the following violations:
a) Changing lanes while prohibited or
without signaling;
b) Going three abreast or more;
c) Failing to turn on the lights at
night, in fog, or in bad weather when visibility is restricted;
d) Failing to let another vehicle to
overtake when it is safe to do so; failing to yield to vehicles in the
emergency lane or on major roads at the intersection.
dd) Dodging other vehicles improperly;
failing 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;
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h) Making a u-turn where u-turn is not
permitted.
3. A fine of from 100,000 VND to 200,000
VND shall be imposed for:
a) Stopping, parking on the carriageway
outside urban areas where sidewalks are available;
d) Failing to reduce speed and yield
when entering a major road from an alley or a minor road;
c) Exceeding the speed limits by 5 km/h
but less than 10 km/h;
dd) Going slowly without moving to the
right of the carriageway and thus obstruct the traffic;
dd) Obstructing the traffic when
stopping, parking on the road; stopping in groups of 03 vehicles or more on the
road, bridge, or in a road tunnel; parking on the road 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 audible and/or visual warnings
of an emergency vehicle on a non-emergency vehicle;
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i) The operator or the passenger on the
vehicle does not wear motorcycle helmets or does not wear motorcycle helmets
properly;
k) Carrying a person that does not
wearing a motorcycle helmet properly, unless that person needs urgent medical
care, is under 06 years of age, or a criminal being escorted;
l) Carrying two people on a vehicles,
unless the person being carried needs urgent medical care, is under 14 years of
age, or a criminal being escorted;
m) Involving in an accident without
stopping the vehicle, protecting the crash scene, or giving first aid to the
victims, except for the violations in Point d Clause 6 of this Article.
n) The vehicle is operated by the person
sitting in the backseat, unless the person sitting in the front seat is a
child;
o) Failing to comply with the traffic
lights, except for the violations mentioned in Point k Clause 4 of this
Article.
4. A fine of from 200,000 VND to 400,000
VND shall be imposed for:
a) Turning without slowing down or
signaling;
b) Carrying 03 people or more;
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d) Operating the vehicle at a lower
speed than the lowest permissible speed;
dd) Going in groups and thus obstructing
the traffic, except for the cases permitted by competent authorities;
e) Entering the highway, except for the
vehicles serving the management and maintenance of the highway;
g) Failing to keep the vehicle to the
right; going in the wrong lane or on the sidewalk;
h) Overtaking on the right side when
prohibited;
i) Entering blocked roads or restricted
areas; going wrong way on a one-way road, except for emergency vehicles on
duty;
k) Pulling or pushing another vehicle or
item while sitting on the vehicle; leading animals or carrying bulky item while
sitting on the vehicle; standing on the seat, on the cargo bracket, or sitting
on the handle; loading cargo to the vehicle beyond permissible limits; towing
another vehicle or item;
l) Exceeding the GVWR written in the
Certificate of vehicle registration (if the GVWR is stated);
m) Disobeying the orders or instructions
of traffic conductors;
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a) Exceeding the speed limits by 10 km/h
- 20 km/h above the speed limits;
b) Operating the vehicle while alcohol
content in blood or breath exceeds 50 - 80 mg per 100 ml of blood, or exceed
0.25 - 0.4 mg per liter of breath;
c) Overtaking when prohibited, except
for the violations in Point h Clause 4 of this Article;
d) Going through a tunnel without using
the lower beam; making an u-turn in a road tunnel; stopping, parking,
overtaking at improper positions in a road tunnel;
dd) Failing to yield to or obstructing
emergency vehicles that are sending out emergency signals.
6. A fine of from 2,000,000 VND to
3,000,000 VND shall be imposed for one of the following violations:
a) Letting the sidestand or other item
touching against the road while running;
b) Disobeying traffic conductor’s or
duty officer’s order for alcohol or drug testing;
c) Causing accidents due to lack of
observation or speeding; causing accidents due to improper overtaking or lane
changing;
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dd) Exceeding the speed limits by more
than 20 km/h;
e) Operating the vehicle while BAC
exceeds 80 mg per 100 ml of blood, or BrAC exceeds 0.4 mg per liter of breath.
7. A fine of from 5,000,000 VND to
7,000,000 VND shall be imposed for one 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 in or outside urban areas;
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;
8. A fine of from 10,000,000 VND to
14,000,000 VND shall be imposed for the violations in Point d Clause 7 of this
Article that lead to a traffic accident, or for failing to stop on duty
officers’ order.
9. The driving license shall be
suspended for 24 months (if any) or a fine of from 2,000,000 VND to 3,000,000
VND shall be imposed (if the operator does not have a driving license or his
driving license is under suspension) for operating the vehicle on public roads
under the influence of drugs.
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a) The illegal horns, flags, and lights
shall be confiscated when any of the violations mentioned in Point g Clause 3
of this Article is committed;
b) The driving license shall be
suspended for 01 month when any of the violations mentioned in Point b, Point
c, Point i and Point m Clause 4, Point b Clause 5, and Point dd Clause 6 of
this Article is committed;
c) The driving license shall be
suspended for 02 month when any of the violations mentioned in Point dd Clause
5, Point a, Point b, Point c, Point d, Point e Clause 6, and Clause 7 of this
Article is committed; the driving license shall be suspended for 04 months and
the vehicle shall be impounded for recommitting the violations in Clause 7 of this
Article. The driving license shall be suspended for 02 months if any of the
violations mentioned in Point a, Point c, Point d, Point dd, Point e, Point g,
Point h Clause 1; Point b, Point c, Point d, Point dd, Point h Clause 2; Point
a, Point dd, Point g, Point h, Point o Clause 3; Point b, Point c, Point e,
Point g, Point i, Point k, Point m Clause 4; Point b, Point d Clause 5 of this
Article lead to an accident;
d) The driving license shall be
suspended for 04 month when any of the violations mentioned in Clause 8 of this
Article are recommitted.
Article 7. Penalties
incurred by operators of tractors and specialized motorcycles that violate
traffic rules
1. A fine of from 80,000 VND to 100,000
VND shall be imposed for:
a) Disobeying the signs and road markings,
except for the violations mentioned in Point a, Point c, Point d, Point d,
Point e Clause 2; Point a, Point b, Point c, Point i Clause 3; Point a, Point
b, Point d, Point e, Point h Clause 4; Point a, Point b Clause 5;
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 the “No u-turn”
sign applies;
b) Reversing the vehicle on a one-way
road, 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 warnings;
c) Dodging other vehicles improperly;
failing to yield to oncoming vehicles where the road is narrow, sloping, or
obstructed;
d) Stopping, parking on the carriageway
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 improper positions where parking positions are provided; parking on
a slope without chocking the wheels; stopping where the “No stopping and
parking” sign applies; parking where the “No parking” sign “or “No parking or
stopping” sign applies;
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 way that block road signs;
e) Stopping or parking on the road
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 carriageway
when parking on the street without putting danger signs as prescribed, unless
parking at permissible positions.
i) Parking on the sidewalk against the
law in urban areas.
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a) Exceeding the speed limits by 5 km/h
but less than 10 km/h;
b) Entering blocked roads, restricted
areas; going wrong way on a one-way road;
c) Failing to keep the vehicle to the
right; going in the wrong lane, except for the violations mentioned in Point dd
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) Failing to yield to or obstructing
emergency vehicles that are sending out emergency signals;
e) Failing to yield to vehicles in the
emergency lane or on major roads at intersections.
g) Failing to use sufficient lighting at
night or in a foggy or bad weather when visibility is short; using the full
beam when facing oncoming vehicles;
h) Involving in an accident without
stopping the vehicle, protecting the crash scene, or giving first aid to the
victims, except for the violations in Point b Clause 6 of this Article.
i) Failing to comply with the traffic
lights, except for the violations mentioned in Point h Clause 4 of this
Article.
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a) Exceeding the speed limits by 10 km/h
- 20 km/h;
b) Operating the vehicle at a lower
speed than the lowest permissible speed;
c) Operating specialized motorcycles the
maximum speed of which is below 70 km/h and agricultural tractors on the
highway, except for the vehicles and equipment serving the management and
maintenance of the highway;
d) Operating the vehicle on public roads
under the influence of alcohol but the an alcohol content is below the levels
mentioned in Point a Clause 6 and Point a Clause 7 of this Article;
dd) Breaking the rules when entering or
leaving the highway, when running in the emergency lane or on the shoulder of
the freeway, when stopping or parking on the carriageway of the highway; making
an u-turn, reversing on the highway; changing lanes at improper positions or
without signals; disobeying the signs indicating the safe following distance on
the highway;
e) Making a u-turn at an intersection
with the railway line; breaking the rules on stopping or parking at
intersection with the railway; stopping or parking within the railway safety
perimeter, except for the violations in Point b Clause 2 and Point b Clause 3
of Article 48 of this Decree;
g) Disobeying the orders or instructions
of traffic conductors;
h) Keep going when the traffic lights
have turned red, unless the vehicle has crossed the stop line before the
traffic lights turn yellow.
5. A fine of from 800,000 VND to
1,000,000 VND shall be imposed for:
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b) Going through a road tunnel without
turning on the lights; reversing, making a u-turn in a road tunnel; stopping or
parking at improper positions in a road tunnel;
c) Failing to take safety measures when
the vehicle breaks down at an intersection with the railway.
6. A fine of from 1,000,000 VND to
3,000,000 VND shall be imposed for:
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) Causing an accident without stopping,
protecting the scene, informing the competent authority, or giving first aid to
the victim.
7. A fine of from 3,000,000 VND to
5,000,000 VND shall be imposed for:
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
duty officer’s order for alcohol or drug testing.
8. The license to drive tractors, the
certificate of training in traffic rules (for specialized bikes) shall be
suspended for 24 months, or a fine of from 3,000,000 VND to 5,000,000 VND shall
be imposed (if the license to drive tractors or certificate of training is not
available or is suspended) for operating the vehicle under the influence of
drugs.
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b) The license to drive tractor or the
certificate of training in traffic rules shall be suspended for 01 month when
any of the violations mentioned in Point a, Point c, Point d, Point dd, Point g
Clause 4, Clause 5; Point a Clause 6 of this Article is committed;
b) The license to drive tractor or the
certificate of training in traffic rules shall be suspended for 02 month when
any of the violations mentioned in Clause 1, Clause 2, Clause 3, Clause 4,
Clause 4 and Point a Clause 6 of this Article lead to an accident, or the
violations mentioned in Point b Clause 6 and Clause 7 of this Article is
committed;
Article 8. Penalties
incurred by operators and passengers on bicycles, motored bicycles, and other
non-motorized vehicles that violate traffic rules
1. A warning or a fine of from
50,000 VND to 60,000 VND shall be imposed for:
a) Failing to keep the vehicle to the
right; going in the wrong lane;
b) Stopping suddenly; turning without
signaling;
c) Disobeying the traffic lights, road
signs, or road markings, except for the violations mentioned in Point b, Point
h Clause 2, and Point e Clause 4 of this Article;
d) Overtaking on the right side when
prohibited;
dd) Stopping, parking on the carriageway
outside urban areas where sidewalks are available;
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g) Going two abreast or three abreast
(for bicycles or motored bicycles),
h) Using an umbrella or cell phone while
operating the bicycle or motored bicycle; using an umbrella when sitting on the
bicycle or motored bicycle;
i) Operating the non-motorized vehicle
at night without lights or reflectors.
2. A fine of from 60,000 VND to 80,000
VND shall be imposed for one of the following violations:
a) Placing the vehicle on the road
against the law; Obstructing the traffic when stopping or parking on the road;
parking on the tramway or on the bridge and thus obstructing the traffic;
b) Breaking the rules on stopping or
parking at intersections with the railway, except for the violations in Point b
Clause 2 and Point b Clause 3 of Article 48 of this Decree;
c) Failing to let other vehicles to
overtake at their request when it is safe to do so; preventing motor vehicles
from overtake; obstructing emergency vehicles;
d) Using trolleys as street kiosks and
thus obstructing the traffic;
dd) Failing to yield to vehicles in the
emergency lane or on major roads at intersections;
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g) Loading cargo to the vehicle beyond
permissible limits; stacking goods unsafely, or in a way that obstruct the
traffic and block the operator’s view;
k) Keep going when the traffic lights
have turned red, unless the vehicle has exceed the stop line before the traffic
lights turn yellow.
3. A fine of from 80,000 VND to 100,000
VND shall be imposed for:
a) Releasing both hands while operating
the bicycle or motored bicycle; suddenly making a turn in front of a moving
motor vehicle; operating the bicycle or motored bicycle with the legs;
b) Disobeying the orders or instructions
of traffic conductors;
c) Pulling or pushing another vehicle or
item; carrying bulky items; towing another vehicle or item.
4. A fine of from 100,000 VND to 200,000
VND shall be imposed for:
a) Weaving, speeding and chasing on
public roads;
b) Running on one wheel (or two wheel if
the vehicle is a tricycle);
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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 needs urgent medical care, is under 06 years of
age, or a criminal being escorted;
e) Entering blocked roads or restricted
areas; going wrong way on a one-way road; entering the highway, except for the
vehicles serving the management and maintenance of the highway;
5. Apart from fines, the vehicle
operator that recommits the violations in Point a or Point b Clause 4 of this
Article also has their vehicle confiscated.
Article 9. Penalties
incurred by pedestrians that violate traffic rules
1. A warning or a fine of from 50,000
VND to 60,000 VND shall be imposed for:
a) Going in the wrong lane, except for
the violations mentioned in Point b Clause 2 of this Article;
b) Disobeying traffic lights, road
signs, or road markings;
c) Disobeying the orders or instructions
of traffic conductors;
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a) Carrying bulky cargo that obstructs
the traffic;
b) Crossing the median strip; crossing
the street unsafely or at improper positions;
c) Hanging from a moving vehicle;
3. A fine of from 80,000,000 VND to
120,000,000 VND shall be imposed upon pedestrians that enter the highway,
except for the persons in charge of management and maintenance of the highway.
Article 10.
Penalties incurred by those that violate traffic rules while riding, leading
animals, or operating of animal-powered vehicles
1. A warning or fine of from 50,000 VND
to 60,000 VND shall be imposed for:
a) Failing to give way; failing to give
hand signals when making a turn;
b) Disobeying traffic lights, road
signs, or road markings;
c) Failing to clean up waste matters of
animals on the street.
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a) Riding or leading animals on the
wrong part of the street; taking them to a blocked road, restricted area, or
carriageway;
b) Allowing animals to walk on public
roads or cross the street by themselves;
c) Going two abreast or more;
d) Leaving animals drawing a vehicle
without a rider;
dd) Using the vehicle without signals.
3. A fine of from 80,000 VND to 100,000
VND shall be imposed for:
a) Disobeying the orders or instructions
of traffic conductors;
b) Causing noise that affects the
serenity in urban areas from 10 pm to 5 am;
c) Leading animals while operating or
sitting in/on a road vehicle.
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a) Loading cargo to the vehicle beyond
permissible limits;
b) Entering the highway against the law.
5. Apart from incurring the penalties,
the person that commits the violations in Point a Clause 4 of this Article
shall also be compelled to remove the excess amount of goods or rearrange the
goods properly.
Article 11.
Penalties for other violations against traffic rules
1. An individual shall incur a fine of
from 100,000 VND to 200,000 VND; an organization shall incur a fine of from
200,000 VND to 400,000 VND when committing one of the following violations:
a) Airing out rice, straw, or other
agricultural products on public roads;
b) Gathering, sitting, lying on public
roads and thus obstructing the traffic;
c) Playing sports illegally on public
roads; using roller skates, skateboards and the likes on the carriageway.
2. An individual shall incur a fine of
from 200,000 VND to 400,000 VND; an organization shall incur a fine of from
400,000 VND to 800,000 VND when committing one of the following violations:
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b) Placing things that block road signs
or traffic lights.
3. An individual shall incur a fine of
from 500,000 VND to 1,000,000 VND; an organization shall incur a fine of from
1,000,000 VND to 2,000,000 VND when committing one of the following violations:
a) Holding cultural activities, sports
competitions, parades, or festivals on the street against the law;
b) Raising ornamental gates or other
structures within the area of the road that disturb the road order and safety;
c) Illegally raising banners within the
area the road that disturb the road order and safety;
d) Placing, hanging advertising boards
within the area of the road outside urban areas;
dd) Failing to give first aid to victims
of road accidents on request;
e) Dumping garbage or discharging sewage
on the street or in road tunnels against the law, except for the violations
mentioned in Point b Clause 4 of this Article and Clause 5 Article 20 of this
Decree.
4. An individual shall incur a fine of
from 2,000,000 VND to 4,000,000 VND; an organization shall incur a fine of from
4,000,000 VND to 8,000,000 VND when committing one of the following violations:
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b) Discharging sewage from construction
sites to the street;
c) Deliberately changing the crash
scene, except for the violations mentioned in Point m Clause 2, Point b Clause
6 Article 5, Point m Clause 3, Point d Clause 6 Article 6, Point h Clause 3,
Point b Clause 6 Article 7, Point c Clause 4 Article 8 of this Decree.
5. A fine of from 5,000,000 VND to
7,000,000 VND shall be imposed upon the individual that commits one of the
following violations:
a) Spreading nails or other pointed
things on the road, spilling oil or other slippery substances on the road;
stretching strings or placing obstacles on the road that threaten the 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
obstructing the investigation.
6. Apart from incurring the penalties,
the individual or organization that commits the violations in Point a Clause 1,
Clause 2, Points b, c, d, and e Clause 3, Point a Clause 4, and Point a Clause
5 of this Article shall be compelled to remove the illegal construction; remove
the obstacles, collect the garbage and items that occupy the road, collect the
nails and pointed things, and recover the original condition that has been
changed by the violations.
SECTION 2. VIOLATIONS
AGAINST REGULATIONS ON ROAD INFRASTRUCTURE
Article 12.
Penalties for violations against regulations on using the land area for road
traffic
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2. A fine of from 300,000 VND to 400,000
VND shall be imposed upon the individual, a fine of from 600,000 VND to 800,000
VND shall be imposed upon the organization that commits one of the following
violations:
a) Using the land within the road safety
corridor for farming purposes that affect the safety of the construction and
the traffic;
b) Blocking the view of road users when
planting trees within the land are for road traffic;
c) Illegally occupying the median strip
to provide parking services, selling goods, or placing building materials,
except for the violations mentioned in Point a and Point d Clause 4 of this
Article.
3. A fine of from 2,000,000 VND to
3,000,000 VND shall be imposed upon the individual, a fine of from 4,000,000
VND to 6,000,000 VND shall be imposed upon the organization that commits one of
the following violations:
a) Illegally building houses within the
land area for road traffic outside urban areas;
b) Putting up booths, gates, fences,
walls, or other types of temporary works within the land area for road traffic,
except for the violations mentioned in Point dd Clause 4 and Point a Clause 5
of this Article;
c) Holding market, selling goods and
services, placing signboards, advertising board, or roofs on the road surface
or sidewalk to sell goods and services against the law and thus obstructing the
traffic, except for the violations mentioned in Point d, Point dd, Point e,
Point g Clause 4; Point b Clause 5; and Point a Clause 6 of this Article;
d) Illegally occupying less than 5 m2
of the road surface or sidewalk to provide parking services.
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a) Placing, discharging materials or
wastes within the land area road traffic, except for the violations mentioned
in Clause 5 Article 20 of this Decree;
b) Digging, leveling land within the
road safety corridor without permission;
c) Adding information to road signs that
is irrelevant to the their meanings and purposes;
d) Illegally using land for road traffic
or road safety corridor to store goods, building materials, machinery,
equipment, or other items;
dd) Putting up booths, or other kinds of
temporary works in the road tunnel, overpass, pedestrian underpass, or under
the overpass;
e) Placing, selling machinery,
equipment, building materials on the road surface or sidewalk; manufacturing or
processing goods on the road surface or sidewalk;
g) Illegally occupying from 5 m2
to < 10 m2 of the road surface or sidewalk to provide parking
services.
5. A fine of from 5,000,000 VND to
7,000,000 VND shall be imposed upon the individual, a fine of from 10,000,000
VND to 14,000,000 VND shall be imposed upon the organization that commits one
of the following violations:
a) Illegally building houses within the
land area for road traffic in urban areas;
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6. A fine of from 10,000,000 VND to
15,000,000 VND shall be imposed upon the individual, a fine of from 20,000,000
VND to 30,000,000 VND shall be imposed upon the organization that commits one
of the following violations:
a) Illegally occupying more than 20 m2
of the road surface or sidewalk to provide parking services;
b) Putting up advertising boards in the
road safety corridor without written approval by competent authorities;
c) Illegally opening a minor road that
connects to a major road.
7. A fine of from 15,000,000 VND to
20,000,000 VND shall be imposed upon the individual, a fine of from 30,000,000
VND to 40,000,000 VND shall be imposed upon the organization that illegally
builds permanent constructions in the land area for road traffic.
8. Apart from incurring the penalties,
the individual or organization that commits the violations in Clause 2, Clause
3, Clause 4, Clause 5, Clause 6 and Clause 7 of this Article shall be compelled
to remove the illegal construction, advertising board or trees; collect the
garbage and illegal items, and recover the original condition that has been
changed by the violations.
Article 13.
Penalties for violations against regulations on construction and maintenance
within the land area for road traffic
1. A fine of from 1,000,000 VND to
3,000,000 VND shall be imposed upon the individual, a fine of from 2,000,000
VND to 6,000,000 VND shall be imposed upon the organization that commits one of
the following violations:
a) Executing construction on the land
area for road traffic in contravention of the License for construction;
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c) Failing 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 and
equipment outside the construction site and thus obstructing the traffic;
dd) Failing to remove the signs, fences,
building equipment, other materials, or failing to restore the original
condition of the road after the construction is completed.
2. A fine of from 3,000,000 VND to
5,000,000 VND shall be imposed upon the individual, a fine of from 6,000,000
VND to 10,000,000 VND shall be imposed upon the organization that commits one
of the following violations:
a) Executing construction on the land
area for road traffic without a license for construction or while the license
for construction has expired;
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 from 10,000,000 VND to
15,000,000 VND shall be imposed upon the individual, a fine of from 20,000,000
VND to 30,000,000 VND shall be imposed upon the organization that commits one
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 placing adequate warning signs, markings and fences; failing to
put red lights at two ends of the road segment under construction; failing to
take measures to ensure traffic safety as prescribed.
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5. Apart from incurring the penalties,
the violator shall be compelled to:
a) Take measures to ensure safe traffic
if any of the violations mentioned in Point a, Point b, and Point c Clause 1,
Clause 2, and Clause 3 of this Article is committed;
b) Take measures to ensure safe traffic
and restore the original condition if any of the violations mentioned in Point
d and Point dd Clause 1 of this Article is committed;
Article 14.
Penalties for violations against regulations on bus stations, parking lots,
rest stops, and tollbooths
1. A fine of from 15,000,000 VND to
20,000,000 VND shall be imposed upon the individual, a fine of from 30,000,000
VND to 40,000,000 VND shall be imposed upon the organization that commits one
of the following violations:
a) Establishing or building a bus station,
parking lot, rest stop, or tollbooth against the planning or without approval
by competent authorities;
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 incurring the penalties,
the violator shall be compelled to:
a) Remove the illegal construction and
restore the original condition if any of the violations mentioned in Point a
Clause 1 of this Article is committed;
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Article 15.
Penalties for violations against regulations on management, maintenance, and
protection of road infrastructure
1. A fine of from 60,000 VND to 100,000
VND shall be imposed upon the individual that commits one of the following
violations:
a) Herding animals on the roadsides;
tying animals to the trees along the roads, to the milestones, road signs,
fences, or ancillary works of the road;
b) Climbing the abutment, pier, or
girder of the bridge without permission.
2. A fine of from 200,000 VND to 300,000
VND shall be imposed upon the individual, a fine of from 400,000 VND to 600,000
VND shall be imposed upon the organization that commits one of the following
violations:
a) Setting fire on the bridge or under
the bridge without permission; anchoring the boat or ship under the bridge or within
the safety corridor of the bridge;
b) Placing water pipes across the road,
setting fire on public roads without permission.
3. A fine of from 2,000,000 VND to
3,000,000 VND shall be imposed upon the organization in charge of management
and maintenance of road infrastructure that commits one of the following
violations:
a) Failing to replace or repair the
danger signs that are lost, damaged, or inoperative in the segments under their
management;
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c) Failing to prevent vehicles from
going through the flooded segments the road surface of which is more than 0.5 m
under the water surface.
4. A fine of from 3,000,000 VND to
5,000,000 VND shall be imposed upon the individual, a fine of from 6,000,000
VND to 10,000,000 VND shall be imposed upon the organization that commits one
of the following violations:
a) Delaying moving the illegal
construction, house, or booth, whether deliberately or unintentionally, that
obstructing land clearance serving the construction, expansion, improvement,
and protection of road infrastructure under decisions of competent authorities;
b) Damaging or sabotaging the drainage
system, except for the violations mentioned in Clause 5 of this Article;
c) Removing, moving, placing, or
falsifying road signs, traffic lights, fences, milestones, road markings,
median strip, and parts of the road without permission.
5. A fine of from 5,000,000 VND to
7,000,000 VND shall be imposed upon the individual, a fine of from 10,000,000
VND to 14,000,000 VND shall be imposed upon the organization that commits one
of the following violations:
a) Illegally drilling, digging, cutting
the road or the sidewalk;
b) Breaking the median strip, convex
mirrors, and safety works on public roads without permission;
c) Damaging or opening manhole covers
and tunnel systems on public roads without permission;
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6. Apart from incurring the penalties,
the violator shall be compelled to:
A) Replacing or repairing the lost or
damaged road signs if any of the violations mentioned in Point a Clause 3 of
this Article are committed;
b) Restore the original condition if any
of the violations mentioned in Point b Clause 2; Point b and Point c Clause 4;
Clause 5 of this Article is committed.
SECTION 3. VIOLATIONS
AGAINST REGULATIONS ON VEHICLES ON PUBLIC ROADS
Article 16.
Penalties incurred by operators of cars (including the trailers or
semi-trailers being towed) that violate regulations on roadworthiness of
vehicles
1. A fine of from 100,000 VND to 200,000
VND shall be imposed for operating a car without a windshield or with a broken
or ineffective windshield (if any).
2. A fine of from 300,000 VND to 400,000
VND shall be imposed for:
a) Operating a car without functional
headlamps, plate lamp, brake lamps, turn signals, windshield wipers, mirrors,
emergency equipment, fire safety equipment, pressure meter, and speedometer;
b) Operating a vehicle without a
functional horn;
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3. A fine of from 800,000 VND to
1,000,000 VND shall be imposed for:
a) Operating a vehicle with an additional
headlamp towards the back;
b) Operating a vehicle with a defective
steering system;
c) Operating a vehicle without
sufficient license plates, or the license plates are at improper positions; the
letters and numbers on the license plate are not clear; the license plate is
bent, blocked, or damaged;
d) Operating a vehicle without
sufficient wheels or tires; the sizes of the wheels or tires are not
conformable;
dd) Changing the size of the trunk or
adding passenger seats without permission.
4. A fine of from 2,000,000 VND to
3,000,000 VND shall be imposed for:
a) Operating a vehicle without a
corresponding certificate of vehicle registration or trailer/semi-trailer
registration;
b) Operating a vehicle without a license
plate (if required);
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d) Using a horn the loudness of which is
beyond permissible limits, or installing it on the vehicle;
dd) Operating a vehicle without a brake
system that comply with standards.
5. A fine of from 4,000,000 VND to
6,000,000 VND shall be imposed for:
a) Operating a vehicle beyond its
temporary operational period;
b) Operating a vehicle beyond its maximum
service life (if limited);
c) Operating the illegally manufactured
or assembled vehicles on public roads (including the tractors banned from
traffic);
d) Operating a vehicle the license plate
of which is not consistent with the certificate of registration, or the license
plate of which is not issued by a competent authority;
dd) Using a Certificate or stamp of
technical and environmental safety or Certificate of vehicle registration that
is not issued by a competent authority; using a Certificate of vehicle
registration that is not consistent with the chassis or engine number
(including trailers and semi-trailers)
6. Apart from fines, the operators that
commit the violations shall also incur the following additional penalties:
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b) The illegal lamps or horns shall be
confiscated when any of the violations mentioned in Point a Clause 3 or Point d
Clause 4 of this Article is committed;
c) The Certificate 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 01 month when any of the violations
mentioned in Point d or Point dd Clause 5 of this Article is committed;
d) The driving license shall be
suspended for 02 month when any of the violations mentioned in Point b or Point
c Clause 5 of this Article is committed;
7. Apart from incurring the penalties,
the violator shall be compelled to:
a) Install conformable equipment and
remove unconformable equipment when any of the violations mentioned in Clause
1, Clause 2, Point c, Point d or Point dd Clause 3 of this Article is
committed;
a) Restore the technical functions of
the equipment; install conformable equipment when any of the violations
mentioned in Point b Clause 3 or Point dd Clause 4 of this Article is
committed;
c) Install a conformable horn if any of
the violations mentioned in Point d Clause 4 of this Article is committed.
Article 17.
Penalties incurred by operators of mopeds and motorcycles (including electric
motorcycles) that violate regulations on roadworthiness
1. A fine of from 80,000 VND to 100,000
VND shall be imposed for:
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b) Operating a vehicle the license plate
of which is improperly positioned; the letters and numbers on the plate are not
clear; the plate is bent, blocked, or damaged;
c) Operating a vehicle without working
turn signals.
2. A fine of from 100,000 VND to 200,000
VND shall be imposed for:
a) Using an inappropriate horn for the
type of vehicle;
b) Operating a vehicle without a sound
or smoke suppression system that meets environmental requirements with regard
to exhaust and noise;
c) Operating a vehicle without a lamp
with lower beam and a high beam that is working or complying with standards;
dd) Operating a vehicle without a proper
brake system;
dd) Operating a vehicle with an
additional headlamp towards the back.
3. A fine of from 300,000 VND to 400,000
VND shall be imposed for:
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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); the license plate installed is not consistent with the
Certificate of vehicle registration or not issued by a competent authority;
4. A fine of from 800,000 VND to
1,000,000 VND shall be imposed for:
a) Operating a vehicle beyond its
temporary operational period;
b) Operating a vehicle that is illegally
manufactured or assembled.
5. Apart from fines, the operators that
commit the violations shall also incur the following additional penalties:
a) The horn shall be confiscated when
any of the violations mentioned in Point a Clause 2 of this Article is
committed;
b) The improper Certificate of vehicle
registration or license plate shall be confiscated when any of the violations
mentioned in Point b or Point c Clause 3 of this Article is committed;
c) The driving license shall be suspended
for 01 month when any of the violations mentioned in Point a Clause 4 of this
Article is committed;
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Article 18.
Penalties incurred by operators of non-motorized vehicles that are not
roadworthy
1. A warning or a fine of from 50,000
VND to 60,000 VND shall be imposed for operating a car without registration or
without a license plate (if required).
2. A fine of from 60,000 VND to 100,000
VND shall be imposed for:
c) Operating a vehicle without a brake
system or the brake system is not working.
b) Carrying passengers or cargo with a non-motorized
vehicle that fails to meet local convenience and hygiene standards.
Article 19.
Penalties incurred by operators of tractors and specialized motorcycles that
are not roadworthy
1. A fine of from 300,000 VND to 400,000
VND shall be imposed for:
a) Operating a vehicle the Certificate
of vehicle registration; the license plate is not in place; the license plate
is not issued by competent authorities;
b) Operating a vehicle without a brake
system or the brake system fails to meet technical standards; operating a
vehicle with a defective steering system;
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d) Operating a vehicle without lighting
system or without sound suppression devices;
dd) Operating a vehicle without an
unexpired certificate or stamp of technical and environmental safety (if
required).
2. A fine of from 1,000,000 VND to
2,000,000 VND shall be imposed for:
a) Operating a vehicle beyond the
permissible area;
b) Operating the specialized tractor or
motorcycles that are illegally manufactured, assembled, or modified on public
roads.
3. Apart from fines, the vehicle
operator that commit the violations in Point b Clause 2 of this Article shall
also have their vehicle confiscated.
4. Apart from fines, the vehicle
operator that commit the violations in Point b, Point c, and 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 and tractors that fail to meet hygienic
requirements
1. A warning or a fine of from 50,000
VND to 100,000 VND shall be imposed for operating the vehicle that fail to meet
hygienic requirements in urban areas.
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3. A fine of from 1,000,000 VND to
3,000,000 VND shall be imposed for:
a) Spilling oil or chemicals on public
roads;
b) Carrying break bulk cargo or building
materials that are likely to be spilled without covering, or the cover does not
work; spilling water from the goods or waste being carried and thus threatening
traffic safety and environmental hygiene;
c) Dragging waste on public roads and
thus threatening traffic safety and environmental hygiene.
4. A fine of from 5,000,000 VND to
10,000,000 VND shall be imposed for spilling waste during the collection or
transport.
5. A fine of from 10,000,000 VND to
15,000,000 VND shall be imposed for dumping garbage or waste to the street.
6. Apart from fines, the vehicle
operator that commit the violations mentioned in Clause 5 of this Article shall
also have their driving license suspended for 01 month.
7. Apart from incurring the penalties,
the vehicle operator that commits the violations in Clause 1, Clause 2, Clause
3, Clause 4 and Clause 5 of this Article shall be compelled to remove the
materials, garbage, waste, and recover the original condition that has been
changed by the violations. Remedial measures shall be taken if pollution is
caused.
SECTION 4. VIOLATIONS
AGAINST REGULATIONS ON ROAD VEHICLE OPERATORS
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1. A person from 14 to under 16 years of
age that operates a moped or motorcycle (including electric motorcycles), car,
or tractor shall receive a warning.
2. A fine of from 80,000 VND to 120,000
VND shall be imposed for:
a) Operating a motorcycle or moped
without carrying an unexpired Certificate of civil liability insurance for
motor vehicles;
b) Operating a motorcycle or moped
without carrying the Certificate of vehicle registration;
c) Operating a motorcycle without
carrying a driving license.
3. A fine of from 200,000 VND to 400,000
VND shall be imposed for:
a) Operating a car or tractor without
carrying a driving license;
b) Operating a car or tractor without
carrying a Certificate of vehicle registration;
c) Operating a car or tractor without
carrying the certificate of technical and environmental safety (if required).
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a) A person from 16 to under 18 years of
age that operates a motorcycle, of which the engine capacity is 50 cm3
or over;
b) The operator of a car or tractor that
fails to present an unexpired Certificate of civil liability insurance for
motor vehicles;
c) Operating a car or tractor with a
driving license that has been expired for less than 06 months.
5. A fine of from 800,000 VND to
1,200,000 VND shall be imposed for operating a vehicle without the driving
license or using a driving license that is not issued by a competent authority,
or a falsified driving license, except for the violations mentioned in Point b
Clause 7 of this Article.
6. A fine of from 1,200,000 VND to
3,000,000 VND shall be imposed upon a person from 16 to under 18 years of age
that operates a car or tractor.
7. A fine of from 4,000,000 VND to
6,000,000 VND shall be imposed upon an operator of a motorcycle of which the
engine capacity is 175 cm3 or over, a car, or a tractor that commits
one of the following violations:
a) Using a driving license that is not consistent
with the type of vehicle or has expired for 06 months or more;
b) Failing to have a driving license or
using a driving license that is not issued by a competent authority, or a
driving license that is falsified;
8. Apart from fines, the vehicle operator
that commit the violations in Clause 5 or 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.
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1. A fine of from 100,000 VND to 200,000
VND shall be imposed for:
a) Operating a specialized motorcycle
without reaching the permissible age;
b) Operating a specialized motorcycle
without carrying a suitable driving license, the certificate of training in
traffic rules;
c) Operating a specialized motorcycle
without carrying a Certificate of vehicle registration;
d) Operating a specialized motorcycle
without carrying the certificate of technical and environmental safety (if
required).
2. A fine of from 600,000 VND to
1,000,000 VND shall be imposed for operating a specialized 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 incurred by operators of passenger vehicles that violate traffic
rules
1. A fine of from 100,000 VND to 200,000
VND shall be imposed for:
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b) Failing to comply with regulations on
turning on and off the “TAXI” light;
c) Failing to wear uniforms and name
tags.
2. A fine of from 300,000 VND to 500,000
VND shall be imposed upon the driver of the passenger car for every person
carried beyond the permissible limit of the vehicle (except for buses): 02
people or more on a 9 seater vehicle, 03 people or more on a 10 - 15 seater
vehicle; 04 people or more on a 16 - 30 seater vehicle; 05 people or more on a
30 seater vehicle or bigger, except for the violations mentioned in Clause 4 of
this Article.
3. A fine of from 500,000 VND to 800,000
VND shall be imposed upon:
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 floating bridge
(except for the elderly, the disabled, and sick people);
c) Failing to stick to the prescribed
route;
d) Allowing the passenger to lie on a
hammock 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; putting goods in the passenger
cabin;
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g) Carrying stinky goods on the
passenger vehicle;
h) Failing to have a list of passengers
when transporting tourists or passengers under a contract; carrying other
people than those in the list; failing to have a transport contract as
prescribed;
i) Transporting passengers along a fixed
route without carrying a transport order, or the transport order is not
certified by both stations;
k) Transporting passengers without
attendants (if required);
l) Selling tickets to tourists or
passengers under transport contracts;
m) Driving a taxi without a taximeter or
using the taximeter improperly while transporting passengers;
n) Failing to stick to the route
licensed by a competent authority (if any).
4. A fine of from 800,000 VND to
1,000,000 VND shall be imposed upon the driver of the passenger car for every
person carried beyond the permissible limit of the vehicle if the route is
longer than 300 km: 02 people or more on a 9 seater vehicle, 03 people or more
on a 10 - 15 seater vehicle; 04 people or more on a 16 - 30 seater vehicle; 04
people or more on a > 30 seater vehicle.
5. A fine of from 1,000,000 VND to
2,000,000 VND shall be imposed upon:
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b) Transferring passengers to another
vehicle without their consents; threatening, humiliating passengers; fighting
for passengers; forcing passengers to use services against their will;
c) Forcing passengers to get off the
vehicle to avoid inspection by competent persons;
d) Making the vehicle imbalanced when
loading cargo;
dd) Picking up, dropping off passengers
at improper places along the route where such places are prescribed;
e) Picking up or dropping off passengers
where parking and/or stopping is prohibited, or where the road is curved and
thus view is blocked;
g) Operating a vehicle to provide
passenger transport services without a functional GPS surveillance device.
6. A fine of from 3,000,000 VND to
5,000,000 VND shall be imposed for:
a) Transporting dangerous, toxic,
flammable, explosive goods, transporting animals or other goods that affect the
health of passengers on the passenger vehicle;
b) Transporting people on the hood,
roof, or in the trunk;
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d) Operating the vehicle beyond time
limits;
dd) Operating a passenger vehicle
without an unexpired badge.
7. Apart from fines, the vehicle
operators that commit the violations shall also incur the following additional
penalties:
a) The driving license shall be
suspended for 01 month when any of the violations mentioned in Clause 2, Clause
4 (exceeding the permissible number of passengers by 50% - 100%); Point d,
Point e, Point h, Point i Clause 3; Point a, Point b, Point c, Point d, Point
dd, Point e Clause 5 of this Article is committed;
b) The driving license shall be
suspended for 02 month when any of the violations mentioned in Clause 6 of this
Article is committed;
c) The driving license shall be
suspended for 04 month when any of the violations mentioned in Clause 2 or
Clause 4 is committed (exceeding the permissible number of passengers by more
than 100%).
8. Apart from incurring the penalties,
the vehicle operator that commits the violations in Clause 2 or Clause 4 of
this Article must provide another vehicle to transport the passengers beyond
the permissible number.
Article 24.
Penalties incurred by operators of trucks, tractors and cars that violate
traffic rules when transporting goods
1. A fine of from 300,000 VND to 400,000
VND shall be imposed for:
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b) Exceeding the GVWR written in the
Certificate of vehicle registration or Certificate of technical and
environmental safety, but below the levels mentioned in Point a Clause 2, Point
a Clause 5, and Clause 6 of this Article.
2. A fine of from 800,000 VND to
1,000,000 VND shall be imposed for:
a) Exceeding the GVWR (written in the
Certificate of vehicle registration or Certificate of technical and
environmental safety) by 10% - 40% if the GVWR is below 5 metric tons, or by 5%
- 30% if the GVWR is 5 metric tons or above, including trailers and
semi-trailers;
b) Putting cargo on the roof; stacking
cargo exceeding the width of the vehicle; stacking goods longer than the length
of the vehicle by 10%;
c) Carrying passengers in the cargo container;
allowing the passenger to sit on the roof or hang from the vehicle while it is
running;
d) Transporting goods without carrying a
transport contract or transport order, except for taxi trucks.
3. A fine of from 1,000,000 VND to
2,000,000 VND shall be imposed for transporting goods without a functional a
GPS surveillance device (if required).
4. A fine of from 2,000,000 VND to
3,000,000 VND shall be imposed for:
a) Driving a taxi truck without a
taximeter or the taximeter is installed improperly;
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5. A fine of from 3,000,000 VND to
5,000,000 VND shall be imposed for:
a) Exceeding the GVWR (written in the
Certificate of vehicle registration or Certificate of technical and
environmental safety) by more than 40% to 60% if the GVWR is below 5 metric
tons, or by more than 30% to 50% if the GVWR is 5 metric tons or above (including
trailers and semi-trailers);
b) Operating the vehicle beyond time
limits;
c) Operating a vehicle without an
unexpired badge (if a badge is required).
6. A fine of from 5,000,000 VND to
7,000,000 VND shall be imposed for exceeding the GVWR (written in the
Certificate of vehicle registration or Certificate of technical and
environmental safety), by more than 60% if the GVWR is below 5 metric tons, or
by more than 50% if the GVW is 5 metric tons or above (including trailers and
semi-trailers).
7. Apart from the fines, the violator
shall also incur the following additional penalties:
a) The driving license shall be
suspended for 01 month when any of the violations mentioned in Point a or Point
b Clause 2 of this Article is committed;
b) The driving license shall be
suspended for 02 month when the violations Point c Clause 2, Point b Clause 4,
Clause 5, or Clause 6 of this Article is committed;
8. Apart from incurring the penalties,
the person that commits the violations in Point a or Point b Clause 2, Point b
Clause 4, Point a Clause 5, or Clause 6 of this Article shall also be compelled
to remove the excessive amount of goods.
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1. A fine of from 1,000,000 VND to
2,000,000 VND shall be imposed for:
a) Transporting oversize and overweight
goods without notice of size;
b) Failing to comply with the License
for transport, except for the violations mentioned in Point b Clause 2 of this
Article.
2. A fine of from 5,000,000 VND to
7,000,000 VND shall be imposed for:
a) Transporting oversize and overweight
goods without an unexpired license for transport;
b) Transporting oversize and overweight
goods with an unexpired license for transport but the GVW or outer size (after
cargo is loaded) exceeds the limits in the license for transport.
3. Apart from the fines, the violator
shall also incur the following additional penalties:
a) The driving license shall be
suspended for 01 month when any of the violations mentioned in Clause 1 of this
Article is committed;
b) The driving license shall be
suspended for 02 month when any of the violations mentioned in Clause 2 of this
Article is committed;
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Article 26.
Penalties incurred by vehicle operators that violate the regulations on
transport of pollutants and dangerous goods
1. A fine of from 1,000,000 VND to
2,000,000 VND shall be imposed for:
a) Stopping or parking at crowded
places, in residential areas, at important constructions or dangerous places
while transporting dangerous goods; transporting dangerous goods without danger
signs, except for the violations mentioned in Clause 2 of this Article;
b) Transporting pollutants against the
regulations on environment protection, except for the violations mentioned in
Clause 2 and Clause 3 of this Article.
2. A fine of from 2,000,000 VND to
3,000,000 VND shall be imposed for transporting dangerous goods without a
license or against the license.
3. A fine of from 5,000,000 VND to
10,000,000 VND shall be imposed for transporting hazardous or radioactive wastes
against regulations on environment protection.
4. Apart from the fines, the violator
shall also incur the following additional penalties:
a) The driving license shall be
suspended for 01 month when any of the violations mentioned in Clause 1 or
Clause 2 of this Article is committed;
b) The driving license shall be
suspended for 02 month when any of the violations mentioned in Clause 3 of this
Article is committed;
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Article 27.
Penalties for transporting garbage, wastes, bulk cargo, or other goods against
regulations on transport in urban areas
A fine of from 500,000 VND to 1,000,000
VND shall be imposed for the failure to adhere 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 from 500,000 VND to
1,000,000 VND shall be imposed upon an individual, a fine of from 1,000,000 VND
to 2,000,000 VND shall be imposed upon an organization that load cargo to the
vehicle beyond the GVWR written in the Certificate of vehicle registration of
Certificate of technical and environmental safety; loading cargo to the vehicle
without signing the transport order.
2. A fine of from 1,000,000 VND to
2,000,000 VND shall be imposed upon the individual, a fine of from 2,000,000
VND to 4,000,000 VND shall be imposed upon the organization that commits one of
the following violations:
a) Failing to put the name and phone
number of the transport service provider on the outer sides of the body or
doors of the passenger vehicle;
b) Failing to put the name and phone
number of the transport service provider, the net weight of the vehicle, the
maximum payload on the outer sides of the truck doors;
c) Failing to put the name and phone
number of the transport service provider, the net weight of the vehicle, the
maximum payload of the vehicle on the outer sides of the body or doors of the
taxi truck;
d) Failing to number the passenger
seats;
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3. A fine of from 2,000,000 VND to
3,000,000 VND shall be imposed upon the individual, a fine of from 4,000,000
VND to 6,000,000 VND shall be imposed upon the organization that commits one of
the following violations:
a) Failing to establish a department to
monitor safety conditions, or the department fails to maintain their operation;
b) Failing to register and post the
route, charges, standards of the transport services or ancillary services.
c) Using a 10 seater vehicle or bigger
as a taxi;
d) Using a vehicle without
"TAXI" light as a taxi; using taxies without taximeters or the
taximeters of which are not installed properly;
dd) The symbol (logo) or phone number on
the taxi is inconsistent with registration;
e) The number of drivers and attendants
on the passenger vehicle is not sufficient according to the registered business
plan;
g) Employing the drivers and attendants
that are not trained in passenger transport and road safety (if the type of
transport requires that drivers and attendants be trained);
h) Employing drivers and attendants
without labor contracts;
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k) Employing unfit people to operate the
transport business;
l) Using the vehicles of members to
provide transport services without written agreements between the member and
the cooperative; or using the vehicles that are not under their ownership to
provide transport services;
m) The quantity of vehicles is not
sufficient for the registered business; no parking space available;
n) The information in the transport
order is not completely certified by the station, or not at all; the violations
of the companies and cooperatives that participate in transport service
provision at the station are not reported to the administering agency.
4. A fine of from 3,000,000 VND to
4,000,000 VND shall be imposed upon the individual, a fine of from 6,000,000
VND to 8,000,000 VND shall be imposed upon the organization that commits one of
the following violations:
a) Running the station, parking lot, or
rest stop without permission from competent authorities;
b) Allowing the vehicles that are not
suitable for passenger transports to pick up passengers in the station;
c) Providing transport services without
a Certificate of business registration or the License for transport services;
d) Conducting the business in
contravention of the License for transport services;
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e) Failing to adhere to the registered
routes, charges, and service standards;
g) Establishing illegal stations;
h) Using the vehicles without GPS
surveillance devices to provide transport services (if required), or the
devices are not functional or not conformable with standards;
5. Apart from the fines, the violator
shall also incur the following additional penalties:
a) The badge of the vehicle shall be
suspended for 01 month when any of the violations mentioned in Point b, Point
d, Point d, Point e, Point g, Point h, Point i, Point l Clause 3; Point e,
Point h Clause 4 of this Article is committed;
b) The license for transport services
shall be suspended for 01 month when any of the violations mentioned in Point a
Clause 3, or Point d Clause 4 of this Article is committed;
6. Apart from incurring the penalties,
the violator shall be compelled to:
a) Take remedial measures when any of
the violations mentioned in Clause 2; Point b, Point d, Point dd, Point e,
Point g, Point h, Point i, Point l Clause 3; Point d, Point e, Point h Clause 4
is committed
b) Return the excess charges to
passengers when any of the violations mentioned in Point e Clause 4 of this
Article is committed.
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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 from 1,000,000 VND to
2,000,000 VND shall be imposed upon the individual, a fine of from 2,000,000
VND to 4,000,000 VND shall be imposed upon the organization that sells license
plates that are not manufactured or allowed by competent authorities.
2. A fine of from 3,000,000 VND to
5,000,000 VND shall be imposed upon the individual, a fine of from 6,000,000
VND to 10,000,000 VND shall be imposed upon the organization that illegally
manufacture or assembly motor vehicles.
3. Apart from fines, the violators that
commit the violations in Clause 1 or Clause 2 of this Article shall have the illegal
license plates and vehicles confiscated.
Article 30.
Penalties incurred by vehicle owners
1. For owners of mopeds and motorcycles:
a fine of from 100,000 VND to 200,000 VND shall be imposed upon the individual,
a fine of from 200,000 VND to 400,000 VND shall be imposed upon the
organization that commits one of the following violations:
a) Changing the brand name or color of
the vehicle without permission (according to the Certificate of vehicle
registration);
b) Failing to follow the procedure for
transferring the vehicle ownership when buying, being given, allocated, or
inherited a moped or motorcycle.
2. For owners of cars, tractors,
specialized motorcycles: a fine of from 300,000 VND to 400,000 VND shall be
imposed upon the individual, a fine of from 600,000 VND to 800,000 VND shall be
imposed upon the organization that commits one of the following violations:
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b) Changing the color of the vehicle
without permission (according to the Certificate of vehicle registration);
c) Failing to comply with regulations on
license plates and text on the vehicle; except for the violations mentioned in
Point a, Point b, and Point c Clause 2 Article 28, Point b Clause 2 Article 37
of this Decree.
3. For owners of mopeds and motorcycles:
a fine of from 800,000 VND to 1,000,000 VND shall be imposed upon the
individual, a fine of from 1.600,000 VND to 2,000,000 VND shall be imposed upon
the organization that commits one of the following violations:
a) Changing the chassis 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
fake documents to apply for reissuance of the license plate or Certificate of
vehicle registration;
dd) Allowing an unqualified person
according to Clause 1 Article 58 of the Law on Road traffic to use the vehicle
on public roads.
4. For owners of cars, tractors,
specialized motorcycles: a fine of from 1,000,000 VND to 2,000,000 VND shall be
imposed upon the individual, a fine of from 2,000,000 VND to 4,000,000 VND
shall be imposed upon the organization that fails to follow the procedure for
transferring the vehicle ownership when buying, being given, allocated, or
inherited a car, tractor, or specialized motorcycle.
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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) Failing to apply for a replacement of
the Certificate of vehicle registration after the vehicle is modified;
dd) Allowing an unqualified person to
use the car or tractor (according to Clause 1 Article 58 of the Law on Road
traffic) or specialized motorcycle (according to Clause 1 Article 62 of the Law
on Road traffic) on public roads;
e) Providing false information or using
fake documents to apply for the reissuance of the license plate, Certificate of
vehicle registration, or Certificate of technical and environmental safety;
g) Allowing an employee or representative
to operate the vehicle and subsequently commit the violations mentioned in
Clause 2, Point e Clause 3, Clause 4, or Point d Clause 6 Article 23 of this
Decree;
h) Allowing an employee or
representative to operate the vehicle and subsequently commit the violations
mentioned in Point a or Point b Clause 2, Point b Clause 4, Point a or Point b
Clause 5, Clause 5 Article 24 of this Decree;
i) Allowing an employee or
representative to operate the vehicle and subsequently commit the violations
mentioned in Clause 2 Article 25 of this Decree;
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6. A fine of from 4,000,000 VND to
6,000,000 VND shall be imposed upon the individual, a fine of from 8,000,000
VND to 12,000,000 VND shall be imposed upon the organization that commits one
of the following violations:
a) Using hired or borrowed car parts and
accessories during inspection;
b) Operating specialized motor vehicles
on public roads without the Certificate of technical and environmental safety.
7. For owners of cars, tractors,
specialized motorcycles: a fine of from 6,000,000 VND to 8,000,000 VND shall be
imposed upon the individual, a fine of from 12,000,000 VND to 16,000,000 VND
shall be imposed upon the organization that commits one of the following
violations:
a) Changing the chassis, engine, the
brake system, transmission system without permission; changing the original
shape or size of the vehicle against the manufacturer’s design or the modified
design approved by a competent authority
without permission; changing the functions of the vehicles;
b) Transforming other types of vehicle
into passenger vehicles.
8. Apart from the fines, the violator
shall also incur the following additional penalties:
a) The license plate, Certificate of
vehicle registration (reissued), fake documents shall be confiscated when any
of the violations mentioned in Point b, Point d Clause 3, Point b or Point e
Clause 5 of this Article is committed;
b) The horn shall be confiscated when
any of the violations mentioned in Point a Clause 7 of this Article is
committed;
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a) Restore the brand name or color
written in the Certificate of vehicle registration, comply with the regulations
on license plates and text on the vehicle when any of the violations mentioned
in Point a Clause 1, Point b or Point c Clause 2 of this Article is committed;
b) Restore the original shape, size or
technical safety of the vehicle when any of the violations mentioned in Point a
Clause 2 or Point a Clause 7 of this Article is committed.
Article 31.
Penalties incurred by attendants on buses, passenger vehicles and tourist buses
that violate traffic rules
1. A warning or fine of from 50,000 VND
to 60,000 VND shall be imposed for:
a) Failing 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) Failing to wear uniforms and name
tags.
2. A fine of from 100,000 VND to 200,000
VND shall be imposed upon the bus attendant that collect money without giving
tickets to passengers, or sell tickets at higher prices than prescribed rates.
3. A fine of from 300,000 VND to 400,000
VND shall be imposed upon the bus attendant on a passenger vehicle along a
fixed route that collect money without giving tickets to passengers, or sell
tickets at higher prices than prescribed rates.
4. A fine of from 1,000,000 VND to
2,000,000 VND shall be imposed for:
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b) Forcing passengers to get off the
vehicle to avoid inspection by competent persons.
5. A fine of from 3,000,000 VND to
5,000,000 VND shall be imposed for attacking passengers physically.
Article 32.
Penalties incurred by passengers that violate traffic rules
1. A fine of from 50,000 VND to 100,000
VND shall be imposed for:
a) Failure to follow the instructions of
the driver and attendants on road safety;
b) Disturb the order on the vehicle.
2. A fine of from 300,000 VND to 400,000
VND shall be imposed for:
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 fines, the person that commit
the violations in Point a Clause 2 of this Article shall have the hazardous,
flammable explosive chemicals, dangerous goods, or prohibited goods
confiscated.
Article 33.
Penalties incurred by operators of tracked vehicles, the vehicles that exceed
the capacity or dimensional limits of the bridge or road (including passenger
vehicles)
1. A fine of from 1,000,000 VND to
2,000,000 VND shall be imposed for failing to comply with the License for
transport, except for the violations mentioned in Point b, Point d, and Point
dd Clause 3 of this Article.
2. A fine of from 2,000,000 VND to
3,000,000 VND shall be imposed for operating a vehicle of which the gross
vehicle weight or gross axle weight exceeds the capacity of the bridge or road
by 10% - 20%, unless an unexpired license for transport is presented.
3. A fine of from 3,000,000 VND to
5,000,000 VND shall be imposed for:
a) Disobeying the order for weight or
size inspection; transferring load or using other tricks to pass the
inspection;
b) Operating a vehicle with an unexpired
License for transport but the gross vehicle weight or gross axle weight of
which exceeds the rating in the License for transport;
c) Operating a vehicle of which the
gross vehicle weight or gross axle weight exceeds the capacity of the bridge or
road by 20% - 50%, unless an unexpired license for transport is presented;
d) Carrying goods that exceed the
dimensional limits written in the License for transport;
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e) Operating a vehicle of which the
outer size (including cargo) exceeds the size of the bridge or road, unless an
unexpired license for transport is presented.
4. A fine of from 5,000,000 VND to
7,000,000 VND shall be imposed for operating a vehicle of which the gross
vehicle weight or gross axle weight exceeds the capacity of the bridge or road
by over 50%, unless an unexpired license for transport is presented.
5. Apart from fines, the vehicle
operators that commit the violations shall also incur the following additional
penalties:
a) The driving license (for cars,
tractors) or the certificate of training in traffic rules (for specialized
motorcycles) shall be suspended for 01 month when any of the violations
mentioned in Clause 1 or Clause 2 of this Article is committed;
b) The driving license (for cars,
tractors) or the certificate of training in traffic rules (for specialized
motorcycles) shall be suspended for 02 month when any of the violations
mentioned in Clause 3 or Clause 4 of this Article is committed.
6. Apart from incurring the penalties,
the vehicle operator that commits the violations in Clause 1, Clause 2, Clause
3, or Clause 4 of this Article shall also be compelled to remove the excess
load, and repair the road infrastructure that is damaged by the violations.
Article 34.
Penalties incurred by street racers and street racing watchers
1. A fine of from 1,000,000 VND to
2,000,000 VND shall be imposed for:
a) Cheering, inciting speeding, weaving,
chasing, or street racing;
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2. A fine of from 10,00,000 VND to
20,000,000 VND shall be imposed for illegally racing motorcycles, mopeds, and
electric motorcycles.
3. A fine of from 20,00,000 VND to
30,000,000 VND shall be imposed for illegally racing cars.
4. Apart from fines, the vehicle
operators that commit the violations shall also incur the following additional
penalties:
a) The vehicles used for racing (except
for animals) shall be confiscated when any of the violations mentioned in Point
b Clause 1 of this Article is committed;
b) The vehicle and driving license shall
be suspended for 04 month when any of the violations mentioned in Clause 2 or
Clause 3 of this Article is committed.
Article 35.
Penalties incurred by operators of motorized vehicles bearing foreign license
plates
1. A fine of from 500,000 VND to
1,000,000 VND shall be imposed upon operators of motorized vehicles bearing
foreign license plates that commit one of the following violations:
a) Operating a vehicle without a symbol
for nationality recognition;
b) The documents about the vehicle are
not translated into English or Vietnamese;
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2. A fine of from 4,000,000 VND to
6,000,000 VND shall be imposed for:
a) Using the vehicle within Vietnam’s
territory beyond the deadline;
b) Operating beyond permissible areas;
c) Operating the vehicle without an
unexpired license for international transport or unexpired international
shipping badge;
d) Operating a vehicle without a
temporary license plate or the temporary license plate on which is not issued
by a competent authority;
dd) Transporting passengers or goods
against concluded Agreements or Protocols on road transport;
e) Operating a right-hand drive vehicle
without a guiding car;
g) The nationality of the operator of
the right-hand drive vehicle or a vehicle bearing foreign license plates is not
conformable.
3. Apart from incurring the penalties,
the vehicle operator that commits 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.
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1. A fine of from 500,000 VND to
1,000,000 VND shall be imposed upon the operators of motorcycles and mopeds
that commit one of the following violations:
a) Failing to present the declaration of
temporarily imported road vehicles;
b) Operating a vehicle without an
unexpired badge, or using a badge that is not issued by a competent authority.
2. A fine of from 4,000,000 VND to
6,000,000 VND shall be imposed upon the operators of cars that commit one of
the following violations:
a) Failing to present the declaration of
temporarily imported road vehicles;
b) Operating a vehicle without an
unexpired badge, or using a badge that is not issued by a competent authority.
3. Apart from fines, the vehicle
operators that commit the violations shall also incur the following additional
penalties:
a) The badge that is not issued by a
competent authority shall be confiscated when any of the violations mentioned
in Point b Clause 1, Point b Clause 2 of this Article is committed;
b) The vehicle shall be confiscated when
any of the violations mentioned in Clause 1 or Clause 2 of this Article is
committed.
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Article 37.
Penalties for violations against regulations on driver training and driving
test
1. A fine of from 300,000 VND to 400,000
VND shall be imposed upon the driving instructor that commits one of the
following violations:
a) Allowing the learner that is not
wearing the learner’s badge to drive the instructional vehicle;
b) Carrying passengers or goods on the
instructional vehicle against the law;
c) Failing to adhere to the route and
time in the license for instructional vehicle; failing to sit next to the
learner to assist in steering;
d) Failing to wear the instructor’s
badge while teaching;
dd) Failing to have a lesson plan.
2. A fine of from 3,000,000 VND to
5,000,000 VND shall be imposed upon:
a) The driver training institution that
fails to appoint instructors to sit next to learners to assist in driving, or
appoint unqualified people as instructors;
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c) The driver training institution that
uses instructional vehicles without a working twin brake system;
d) The driver training institution that
recruits learners whose age, health, education, seniority, or length of safe
driving does not match the class of vehicle they learn;
dd) The driver training institution that
does not have enough 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 individuals that provide false
information or fake documents to be allowed to learn, take the test and to be
issued with the driving license or certificate of training in traffic rules.
3. A fine of from 5,000,000 VND to 10,000,000
VND shall be imposed upon:
dd) The driver training institution that
provides training in the other classes of vehicles than those permitted, or
provides training beyond the capacity in the license for driver training;
b) The driver training institution that
provides driver training at other locations that those written in the license
for driver training;
c) The driver training institution that
enrolls learners or provide driver training without an unexpired license for
driver training;
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dd) The driver training institution that
fails to have adequate classrooms, or the classrooms of which do not have
adequate teaching materials;
e) The driver training institution that
fails to have a practice yard that meet requirements;
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 driver training institution that
issues Certificate of course completion or certificate of basic training to
learners improperly;
i) The driving test center that fails to
meet the prescribed requirements;
k) The driving test center that changes
or use the testing software, grading devices, and classes of testing vehicles
without approval by competent authorities;
l) The driving test center that uses
inaccurate grading devices in the exam, or uses improper markings on the
testing yard;
m) The driving test center that fails to
fix the testing fees and charges for other services, or collects testing fees
and other charges against the rules.
4. The driving instructor that allows
the learner to commit one of the violations in Article 5 of this Decree shall
incur a corresponding penalty for such violation.
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a) The driver training institution shall
be suspended from enrolment for 03 months when committing the violations in
Point a, Point b, Point c, Point d, Point d, Point e Clause 2; Point a, Point
b, Point c, Point d, Point d, Point e, Point g, Point h Clause 3 of this
Article;
b) The driver training institution shall
have the certificate of eligibility suspended for 03 months when committing the
violations in Point i, Point k, Point l Clause 3 of this Article;
C) Fake documents shall be confiscated
(Point g Clause 2 of this Article).
Article 38.
Penalties for violations against regulations on inspection of technical and
environmental safety
1. A fine of from 300,000 VND to 400,000
VND shall be imposed upon the inspector of the Registry that commits one of the
following violations:
a) Falsifying inspection results;
b) Failing to follow relevant procedures
and regulations during the inspection.
2. A fine of from 5,000,000 VND to
7,000,000 VND shall be imposed upon the Registry that commits one of the
following violations:
a) Failing to disclose the inspection
procedure at the office;
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c) Employing unqualified people as
inspectors;
d) Carrying out inspections without
adequate devices and personal protective equipment;
dd) Using the testing devices that are
not certified or the certification of which has expired;
e) Using testing devices that are broken
and thus inaccurate;
g) Failing to supervise the inspection
procedure and check the inspection results.
3. Apart from the fines, the Registry the
commits the violations in Point c, Point d, Point d, Point e Clause 2 of this
Article shall also have their “Certificate of eligibility” suspended for 02
years.
Chapter 3.
VIOLATIONS, PENALTIES, FINES, AND REMEDIAL
MEASURES FOR RAIL TRANSPORT OFFENCES
SECTION 1.
VIOLATIONS AGAINST REGULATIONS ON SIGNALS, RAILWAY RULES, AND RAILWAY SAFETY
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1. A fine of from 2,000,000 VND to
3,000,000 VND shall be imposed upon the railway infrastructure company that
commits one of the following violations:
a) The signs are not installed or not
properly installed;
b) The signals are not sufficient or not
functional.
2. Apart from incurring the penalties,
the violator shall be compelled to:
a) Install the signs properly when any
of the violations mentioned in Point a Clause 1 of this Article is committed;
b) Install sufficient signals and ensure
they are working when any of the violations mentioned in Point b Clause 1 of
this Article is committed;
Article 40.
Penalties for violations against regulations on train assembly and brake
testing
1. A fine of from 300,000 VND to 500,000
VND shall be imposed upon the examiners that fail to examine incoming and
outgoing trains.
2. A fine of from 500,000 VND to 1,000,000
VND shall be imposed upon the train dispatchers and traffic controllers that
commit one of the following violations:
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b) Assembling coaches that fail to meet
safety requirements;
c) Assembly cargo coaches that contain
animals, stinky goods, flammable/explosive substances, hazardous substances, or
other dangerous goods into a passenger train.
3. A fine of from 1,000,000 VND to
1.500,000 VND shall be imposed upon the traffic controller or train captain
that commits one of the following violations:
a) Allowing a train without sufficient
brake pressure to run from the assembly station to another station that
requires brake testing;
b) Letting the train run without brake
testing.
Article 41.
Penalties for violations against regulations on shunting
1. A fine of from 500,000 VND to
1,000,000 VND shall be imposed upon the driver of the shunter, shunting
commander or worker that commits one of the following violations:
a) Allowing the locomotive to move
before receiving a shunting plan or signal from the shunting commander;
b) Exceed the permissible shunting
limit;
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d) Kicking a coach to a track where
another coach is under repair or loading; kicking a coach to a track in the
rail section or a track where lighting is insufficient, or in a foggy or
storming whether;
dd) Letting the coach pass the safety
mark after shunting, except for prescribed special cases;
e) Parking a locomotive or coach on a
safety track without order from a competent person.
2. A fine of from 1,000,000 VND to
1,500,000 VND shall be imposed upon the train driver or shunting commander that
shunt the train beyond the station perimeter.
Article 42.
Penalties for violations against regulations on train operation
1. A fine of from 200,000 VND to 400,000
VND shall be imposed upon the train driver, train captain, or traffic
controller that fails to sign the warning.
2. A fine of from 1,000,000 VND to
2,000,000 VND shall be imposed upon the train driver that commits one of the
following violations:
a) Reversing the train in a foggy or
stormy weather without receiving signals;
b) Reversing the train while the signal
transmission is interrupted while another train in the same direction is
running behind;
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d) Reserving the train when distress
signal has been sent;
dd) Reserving the train when is pushed
by a locomotive to the rail section.
3. A fine of from 2,000,000 VND to
4,000,000 VND shall be imposed upon the traffic controller, train driver, or
captain that allow the train to enter the rail section without evident
permission.
4. Apart from fines, the train driver or
co-driver that commits the violations in Clause 2 or Clause 3 of this Article
shall also have their train driver’s license suspended for 01 month.
Article 43.
Penalties for violations against regulations on receiving and sending trains
1. A fine of from 1,000,000 VND to
3,000,000 VND shall be imposed upon the flagman at the crossing or combined
bridge that commits one of the following violations:
a) Failing to adhere the professional
procedure;
b) Failing to record sufficient information
about the trains that cross the crossing.
2. A fine of from 1,000,000 VND to
3,000,000 VND shall be imposed upon the flagman at the crossing or combined
bridge that fails to erect the barrier on time.
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a) Failing to take safety measures when
a train is approaching;
b) Mistaking the trains;
c) Sending a train without taking the
switch key or lock the switch.
Article 44.
Penalties for violations against regulations on observance of railway signals
1. A fine of from 300,000 VND to 500,000
VND shall be imposed upon the train driver, shunting commander or worker that
commits one of the following violations:
a) Failing to respond to shunting
signals by blowing the train whistle;
b) Failing to send appropriate signals
while shunting.
2. A fine of from 1,000,000 VND to
2,000,000 VND shall be imposed upon the train driver or captain that allow the
train to run without receiving a safety signal from the traffic controller or
the signaling employee.
3. A fine of from 2,000,000 VND to
3,000,000 VND shall be imposed upon the train driver that commits one of the
following violations:
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b) Failing to stop the train when it
c) Keeping the train running after
receiving the stop signal.
4. Apart from fines, the train driver
that commits the violations mentioned in Clause 3 of this Article shall also
have his train driver’s license suspended for 01 month.
Article 45.
Penalties for violations against regulations on train dispatching
1. A fine of from 5,000,000 VND to
7,000,000 VND shall be imposed upon the train dispatching that fails to check
the adherence to the timetable and train assembly plan.
2. A fine of from 2,000,000 VND to
3,000,000 VND shall be imposed upon the train dispatcher that commits one of
the following violations:
a) Sending train orders ultra vires;
b) Failing to send warnings to the train
driver on time;
c) Failing 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;
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Article 46.
Penalties for violations against regulations traffic at railroad crossings,
combined bridges, and tunnels
1. A fine of from 50,000 VND to 60,000
VND shall be imposed upon:
a) The pedestrians that trespass the
barrier of the crossing or combined bridge when the light has turned red,
disobey the signals, signs, road markings, or instructions of the flagman when
going through the crossing or combine bridge;
b) The operators of bicycles, motored
bicycles, and non-motorized vehicles that disobey the signals, signs, or road
markings when going through the crossing or combined bridge.
2. A fine of from 80,000 VND to 100,000
VND shall be imposed upon the operators of bicycles, motored bicycles, and
non-motorized vehicles that trespass the barrier of the crossing or combined
bridge when the light has turned red; disobey the signals or instructions of
the flagman when going through the crossing or combined bridge.
3. A fine of from 100,000 VND to 200,000
VND shall be imposed upon the operators of motorcycles and mopeds (including
electric motorcycles) that stop or park within the length of the crossing or
combined bridge, or disobey the signals, signs, or road markings when going
through the crossing or combined bridge.
4. A fine of from 200,000 VND to 400,000
VND shall be imposed upon the operators of motorcycles and mopeds (including
electric motorcycles) that trespass the barrier of the crossing or combined
bridge when the light has turned red; disobey the signals or instructions of
the flagman when going through the crossing or combined bridge.
5. A fine of from 400,000 VND to 600,000
VND shall be imposed upon the operators of tractors and specialized motorcycles
that stop or park within the length of the crossing or combined bridge; disobey
the signals, signs, road markings, or instructions of the flagman when going
through the crossing or combined bridge.
6. A fine of from 600,000 VND to 800,000
VND shall be imposed upon:
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b) Operators of cars that stop or park
within the length of the crossing or combined bridge; disobey the signals, signs,
or road markings when going through the crossing or combined bridge.
7. A fine of from 800,000 VND to
1.200,000 VND shall be imposed upon the operators of motorcycles and mopeds
(including electric motorcycles) that trespass the barrier of the crossing or
combined bridge when the light has turned red, or disobey the instructions of
the flagman when going through the crossing or combined bridge.
8. A fine of from 2,000,000 VND to
3,000,000 VND shall be imposed upon operators of road vehicles that commit one
of the following violations:
a) Damaging the barrier when operating
motor vehicles;
b) Driving tracked vehicles, road
rollers, and transporters of oversize and overweight cargo across the crossing
without notifying the crossing management unit, or without taking safety
measures as guided by the crossing management unit.
9. Apart from incurring the penalties,
the person that commits the violations in Clause 8 of this Article shall be
compelled to restore the original condition.
Article 47.
Penalties for violations against regulations prevention and settlement of
railway accidents
1. A fine of from 100,000 VND to 200,000
VND shall be imposed upon the individual that fails to report the railway
accident to the nearest station, railway agency, local authority, or police
station.
2. A fine of from 1,000,000 VND to
2,000,000 VND shall be imposed upon the responsible for individual that fails
to discover obstacles on the railway line that threaten the safety, or fail to
report them or take protective measures.
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4. A fine of from 3,000,000 VND to
4,000,000 VND shall be imposed upon the individual, a fine of from 6,000,000
VND to 8,000,000 VND shall be imposed upon the organization that commits one of
the following violations:
a) Failing to provide sufficient
information or documents related to the railway accident;
b) Avoiding helping people while
possible;
c) Failing to be present at the crash
scene when being reported of a railway accident;
d) Failing to take measures for
preventing railway accidents when being reported of damaged railway works;
dd) Failing to settle the problems and
thus affecting the train operation;
e) Obstructing the restoration of the
railway when an accident happens.
5. A fine of from 4,000,000 VND to
6,000,000 VND shall be imposed for:
a) Deliberately changing the crash
scene;
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c) Making a getaway after causing a
railway accident;
d) Avoiding, disobeying the orders of
competent persons or authorities for restoration of rail transport.
6. A fine of from 15,000,000 VND to
20,000,000 VND shall be imposed upon the rail transport company that commits
one of the following violations:
a) Failing 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) Failing to report the threats to
train operation and suspension of train operation to the traffic controllers at
the two ends of the rail section where the threat occurs, or the rail transport
operators;
d) Failing to suspend train operation
when the rail infrastructure is found threatening train operation safety.
Article 48.
Penalties for violations against regulations railway safety assurance
1. A fine of from 300,000 VND to 500,000
VND shall be imposed for:
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b) Trespassing the railway fences;
c) Taking animals across the railway at
improper positions, or leaving animals to pull a vehicle across the railway
without an operator;
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 farming products and other
stuff on the railway line or other railway roads;
e) Spilling debris or other materials on
the railway line.
2. A fine of from 2,000,000 VND to
3,000,000 VND shall be imposed for:
a) Anchoring ships, boats, or other
watercrafts within the safety perimeter of the railway bridge;
b) Placing road vehicles, equipment,
materials, or cargo in the railway clearance, except for the violations
mentioned in Point b Clause 3 of this Article.
3. A fine of from 3,000,000 VND to
5,000,000 VND shall be imposed for:
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b) Placing obstacles on the railway
line.
4. A warning or fine of from 5,000,000
VND to 10,000,000 VND shall be imposed upon the person that drops wood, stones,
or other items that cause an accident.
5. Apart from the fines, the violator
shall also be compelled to:
a) Return to the proper positions as
instructed by the railway employees on the train when any of the violations
mentioned in Point a or Point d Clause 1 of this Article is committed;
b) Remove the ships, boats, or other
watercrafts from the safety perimeter of the railway bridge when any of the
violations mentioned in Point a Clause 2 of this Article is committed;
c) Removing the road vehicles,
equipment, materials, or cargo from the railway clearance when any of the
violations mentioned in Point b Clause 2 of this Article is committed;
b) Remove the farming products and other
stuff railway line or other railway works when any of the violations mentioned
in Point dd Clause 1 of this Article is committed;
dd) Remove the debris, obstacles, and
other materials from the railway line when any of the violations mentioned in
Point e Clause 1 or Point b Clause 3 of this Article is committed.
SECTION 2.
VIOLATIONS AGAINST REGULATIONS ON RAILWAY INFRASTRUCTURE
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1. A fine of from 100,000 VND to 200,000
VND shall be imposed upon the individual that dump garbage or waste on the
railway, except for the violations in Point a Clause 2 of this Article.
2. A fine of from 3,000,000 VND to
5,000,000 VND shall be imposed upon the individual, a fine of from 6,000,000
VND to 10,000,000 VND shall be imposed upon the organization that commits one
of the following violations:
a) Dumping or placing hazardous
substances or waste on the railway;
b) Illegally dumping debris or other
materials on the railway;
c) Placing flammable or explosive
substances within the land area for
railway;
d) Blocking the signs, landmarks, or
signals of railway works;
dd) Damaging the drainage system of
railway works;
e) Illegally placing concrete, wood,
steel, or other materials within the safe corridor of the railway works.
3. A fine of from 5,000,000 VND to
10,000,000 VND shall be imposed upon the individual, a fine of from 10,000,000
VND to 20,000,000 VND shall be imposed upon the organization that commits one
of the following violations:
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b) Damaging, removing fences that
separate the railway and the road without permission; moving or destroying the
marks of railway perimeters or railway safety corridor;
c) Damaging, changing, moving the signs,
landmarks, or signals of railway works.
4. A fine of from 10,000,000 VND to
20,000,000 VND shall be imposed upon the individual, a fine of from 20,000,000
VND to 40,000,000 VND shall be imposed upon the organization that commits one
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, equipment, and signaling system of the railway.
5. A fine of from 20,000,000 VND to
25,000,000 VND shall be imposed upon the individual, a fine of from 40,000,000
VND to 50,000,000 VND shall be imposed upon the organization that commits one
of the following violations:
a) Using explosive to extract stones,
sand, or gravel that cause the railway work to subside, crack, or block the
railway;
b) Connecting the national railway to
another railway against the law.
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a) Remove the debris, hazardous
substances, waste, and other materials from the railway when any of the
violations mentioned in Clause 1, Point a or Point b Clause 2 of this Article
is committed;
b) Remove the flammable or explosive
substances from the land area for rail transport when any of the violations
mentioned in Point c Clause 2 of this Article is committed;
c) Remove the illegal construction and
restore the original condition when any of the violations mentioned in Point d,
Point dd, Point e Clause 2; Clause 3; Clause 4; Clause 5 of this Article is
committed.
Article 50.
Penalties for violations against regulations on construction, resource
attraction, and other activities in the vicinity of railway works
1. A fine of from 1,000,000 VND to
3,000,000 VND shall be imposed upon the individual, a fine of from 2,000,000
VND to 6,000,000 VND shall be imposed upon the organization that fails to take
measures for ensure railway safety.
2. A fine of from 3,000,000 VND to
6,000,000 VND shall be imposed upon the individual, a fine of from 6,000,000
VND to 12,000,000 VND shall be imposed upon the organization that damages
railway works.
3. A fine of from 10,000,000 VND to
20,000,000 VND shall be imposed upon the individual, a fine of from 20,000,000
VND to 40,000,000 VND shall be imposed upon the organization that commits the
violations in Clause 1 or Clause 2 of this Article and causes a railway
accident.
4. Apart from incurring the penalties,
the violator shall be compelled to:
a) Take measures to ensure railway
safety when any of the violations mentioned in Clause 1 of this Article is
committed;
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Article 51.
Penalties for violations against regulations on using land area for rail
transport
1. A fine of from 300,000 VND to 500,000
VND shall be imposed upon the individual, a fine of from 600,000 VND to 1,000,000
VND shall be imposed upon the organization that commits one of the following
violations:
a) Using the land within the perimeter
the railway work or the railway safety corridor for farming purposes and thus
causing the railway work to subside, crack, or block the railway;
b) Planting trees higher than 1.5 m;
planting trees within 02 m from the ground;
a) Trading goods, holding markets,
herding cattle within the perimeter of the railway or the railway safety
corridor.
2. A fine of from 1,000,000 VND to
3,000,000 VND shall be imposed upon the individual, a fine of from 2,000,000
VND to 6,000,000 VND shall be imposed upon the organization that commits one of
the following violations:
a) Placing vehicles, equipment,
materials, goods, wastes, or other items within the perimeter of the railway or
the railway safety corridor (except for the vehicles, equipment, and materials
serving the construction and repair of railway works);
b) Illegally putting up booths,
temporary constructions within the land area for rail transport;
c) Putting up advertising boards and
other items within the land area for rail transport, except for the violations
in Point b Clause 3 of this Article;
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3. A fine of from 20,000,000 VND to
30,000,000 VND shall be imposed upon the individual, a fine of from 40,000,000
VND to 60,000,000 VND shall be imposed upon the organization that commits one
of the following violations:
a) Illegally putting up tents, kiosks,
temporary constructions within the land area for rail transport;
b) Putting up an advertising board
within the land area for
railway.
4. Apart from the fines, the person or
organization that commits the violations in Point a Clause 2 of this Article
shall have illegal items confiscated, except for waste.
5. Apart from incurring the penalties,
the violator shall be compelled to:
a) Cut down the trees illegally planted
when any of the violations mentioned in Point a or Point b Clause 1 of this
Article is committed;
b) Remove the waste from the railway
perimeter or railway safety corridor when any of the violations mentioned in
Point a Clause 2 of this Article is committed;
c) Remove the illegal booths and
temporary constructions from the land area for rail transport;
d) Remove the advertising boards and
other blocking items from the land area for rail transport;
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Article 52.
Penalties for violations against regulations on railway infrastructure
administration
1. A fine of from 5,000,000 VND to
10,000,000 VND shall be imposed upon the railway infrastructure company that
commits one of the following violations:
a) Failing to make written records on
important positions that are likely to affect railway safety;
b) Failing to carry out periodic
inspections;
c) Failing to discover or report the
discovered infringements upon the railway perimeter or the railway safety
corridor under their management to competent authorities;
d) Failing to repair damaged railway
works;
dd) Failing to repair, replace, or
fortify damaged parts of the railway infrastructure to sustain the quality in
terms of speed and capacity.
2. Apart from incurring the penalties,
the violator shall be compelled to:
a) Make written records on important
positions that are likely to affect railway safety when any of the violations
mentioned in Point a Clause 1 of this Article is committed;
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Article 53.
Penalties for violations against regulations on construction of railway works
1. A fine of from 1,000,000 VND to
3,000,000 VND shall be imposed upon the individual, a fine of from 2,000,000
VND to 6,000,000 VND shall be imposed upon the organization that commits one of
the following violations:
a) Failing to notify the agency in
charge of the railway work before commencing the construction;
b) Failing to provide adequate signaling
and safety equipment during the construction;
c) Failing to install adequate signs and
signals; failing to take measures to ensure the safety during the construction
on the railway;
d) Operating railway equipment during
the construction without appropriate qualifications;
dd) Using the building equipment in a
way that threatens traffic safety;
e) Carrying on the construction beyond
the deadline without applying for an extension of the license;
g) Failing to remove the building
materials and equipment from the railway clearance after the blockade period is
over;
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i) Failing to notify the agency in
charge of railway administration of the completion of the construction.
2. A fine of from 3,000,000 VND to
5,000,000 VND shall be imposed upon the individual, a fine of from 6,000,000
VND to 10,000,000 VND shall be imposed upon the organization that commits one
of the following violations:
a) Carrying out the construction without
a license or without a valid license, or against the license issued by a
competent authority;
b) Failing to take measures for
preventing accidents when finding that the construction threatens the safety of
railway transport operations.
3. A fine of from 10,000,000 VND to
15,000,000 VND shall be imposed upon the individual, a fine of from 20,000,000
VND to 30,000,000 VND shall be imposed upon the organization that fails to take
measures for ensure railway safety on an operational track and thus causes a
railway accident.
4. Apart from the fines, the
organization or individual that commit the violations mentioned in Point
e Clause 1, Point a Clause 2, or Clause 3 of this Article shall be suspended
from construction for 01 month or have their license for construction suspended
for 01 month (if any).
5. Apart from incurring the penalties,
the organization or individual that commit the violations in Clause 1, Clause 2
or Clause 3 of this Article shall be compelled to immediately take measures for
ensuring railway safety.
SECTION 3.
VIOLATIONS AGAINST REGULATIONS ON RAILWAY VEHICLES
Article 54.
Penalties for violations against regulations on railworthiness
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2. A fine of from 3,000,000 VND to
5,000,000 VND shall be imposed upon the individual, a fine of from 6,000,000
VND to 10,000,000 VND shall be imposed upon the organization that allow
vehicles to operate on the railway without certificates of registration or certificates
of technical and environmental safety, unless they are newly imported, being
tested, or sent back for repair.
3. Apart from the fines, the person or
organization that commits the violations in Clause 1 of this Article shall have
their improvised vehicle confiscated.
Article 55.
Penalties for violations against regulations necessary information and
instructions for railway vehicles
1. A fine of from 2,000,000 VND to
3,000,000 VND shall be imposed upon the organization in charge of
administration of railway vehicle operation that commits one of the following
violations:
a) Failing to add sufficient
number, registration number, and other symbols on the vehicle;
b) Failing to put up the regulations,
route, names of destination stations, and how to deal with accidents or fire on
the train in the form of notice boards or other means of information.
2. Apart from incurring the penalties,
the violator shall also be compelled to:
a) Put sufficient number, registration
number, and other symbols on the train when any of the violations mentioned in
Point a Clause 1 of this Article is committed;
b) Put up the regulations, route, names
of destination stations, and how to deal with accidents or fire on the train in
the form of notice boards or other means of information when any of the
violations mentioned in Point b Clause 1 of this Article is committed.
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1. A fine of from 3,000,000 VND to
5,000,000 VND shall be imposed upon the organization in charge of
administration of railway vehicle operation that commits one of the following
violations:
a) No automatic or manual brake is
installed on the railway vehicle, or the brake is not functional;
b) No emergency brake handle is
installed in passenger coaches and at the working position of the captain, or
the emergency brake handle is not functional;
c) Failing to periodically check and
seal the emergency brake handle;
d) Failing to install a pressure gauge
at the working position of the captain and some passenger cars, or the gauge is
not functional;
dd) The assembling equipment does not
meet requirements.
2. Apart from incurring the penalties,
the violator shall also be compelled to:
a) Install the automatic or manual brake
when any of the violations mentioned in Point a Clause 1 of this Article is
committed;
b) Install the emergency brake handle at
the working position of the captain and passenger coaches when any of the
violations mentioned in Point a or Point d Clause 1 of this Article is
committed;
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Article 57.
Penalties for violations against regulations necessary equipment on railway
vehicles
1. A fine of from 1,000,000 VND to
2,000,000 VND shall be imposed upon the captain of a passenger train or freight
train that commits one of the following violations:
a) No fire-fighting equipment and
materials, first-aid kits, equipment for choking and signaling on the freight
train;
b) No 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.
2. A fine of from 2,000,000 VND to
3,000,000 VND shall be imposed upon the organization in charge of
administration of railway vehicle operation that puts a passenger coach into
operation without adequate and functional equipment.
3. A fine of from 3,000,000 VND to
5,000,000 VND shall be imposed upon the organization in charge of
administration of railway vehicle operation that commits one 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 such equipment is not
functional;
b) No speedometer or equipment for
communication between the driver and the captain at the working position of the
captain, or the equipment installed is not functional.
4. Apart from incurring the penalties,
the violator shall be compelled to:
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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 when any of the violations mentioned in Point b Clause 1 of
this Article is committed;
c) Install a speedometer, equipment for
recording speed and information related to the train operation (black box), the
equipment that helps the driver to stay awake while operating the train (if
required) on the locomotive or powered vehicle when any of the violations
mentioned in Point a Clause 3 of this Article is committed;
d) Install a speedometer or equipment for
communication between the driver and the captain at the working position of the
captain when any of the violations mentioned in Point b Clause 3 of this
Article is committed.
SECTION 4.
PENALTIES FOR VIOLATIONS COMMITTED BY RAILWAY EMPLOYEES
Article 58. Penalties
incurred by the employees directly serving the train operation that violate
regulations on qualifications
1. A fine of from 1,000,000 VND to
2,000,000 VND shall be imposed upon the train drive that operate a railway
vehicle without carrying an unexpired train driver’s license, or the license
does not match the vehicle.
2. A warning or fine of from 4,000,000
VND to 6,000,000 VND shall be imposed for using fake qualifications, train
operator’s license, or failing to obtain a train driver’s license.
3. Apart from the fines, the person that
commits the violations in Clause 2 of this Article shall have their fake train
driver’s license or qualification confiscated.
Article 59.
Penalties incurred by train dispatchers, train captains, duty officers, and other
employees that violate regulations on alcohol content
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2. A fine of from 2,000,000 VND to
3,000,000 VND shall be imposed for one of the following violations:
a) 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 the duty officer’s order
for alcohol content testing.
Article 60.
Penalties incurred by the employees on the train or in the station that violate
regulations on railway safety assurance
1. A fine of from 500,000 VND to
1,000,000 VND 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 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 employees that fail to
check and discover the damage to the tunnel, bridge, or railway, or fail to
take measures when such damage is discovered, or fail to report the damage to
competent persons and thus threaten railway safety;
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2. A fine of from 1,000,000 VND to
2,000,000 VND shall be imposed for failing to follow professional procedures
and thus threatening railway safety.
3. A fine of from 2,000,000 VND to
3,000,000 VND shall be imposed upon the station manager that allow a coach to
carry cargo beyond its capacity.
4. Apart from incurring the penalties,
the violator shall be compelled to:
a) Instruct the people at fault to go
back to proper positions when any of the violations mentioned in Point a Clause
1 of this Article is committed;
b) Remove the amount of cargo that
exceeds the coach capacity when any of the violations mentioned in Clause 3 of
this Article is committed.
Article 61.
Penalties incurred by the driver and co-driver
1. A fine of from 300,000 VND to 500,000
VND 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 from 500,000 VND to
1,000,000 VND shall be imposed upon the driver that commits one of the
following violations:
a) Leave the driving position while the
locomotive is working;
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c) Damaging the equipment that keeps the
driver awake while operating the train;
d) Disobeying the instructions of the
captain, signals or signs;
dd) No flags, signal lamps, flares, or
chocks in the locomotive during the shift;
3. A fine of from 1,000,000 VND to
2,000,000 VND shall be imposed upon the driver that commits one of the
following violations:
a) Stopping the train against the rules
without acceptable explanation;
b) Letting the train move pass the stop signal;
c) Exceeding the speed limits by 5 km/h
but less than 10 km/h.
4. A fine of from 3,000,000 VND to
5,000,000 VND shall be imposed for:
a) Exceeding the speed limits by 10 km/h
- 20 km/h;
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5. A fine of from 5,000,000 VND to
7,000,000 VND shall be imposed upon the driver that exceeds the speed limits by
more than 20 km/h.
6. A fine of from 8,000,000 VND to
10,000,000 VND 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 from 10,000,000 VND to
15,000,000 VND shall be imposed for:
a) Working while BAC exceeds 80 mg per
100 ml of blood, or BrAC exceeds 0.4 mg per liter of breath;
b) Disobeying the duty officer’s order
for alcohol content testing.
8. Apart from the fines, the violator
shall also incur the following additional penalties:
a) The train driver’s license shall be
suspended for 01 month when any of the violations mentioned in Clause 3 or
Clause 4 of this Article is committed;
b) The train driver’s license shall be
suspended for 02 month when any of the violations mentioned in Clause 5, Clause
6 or Clause 7 of this Article is committed;
9. Apart from incurring the penalties,
the person that commits the violations in Point b Clause 2 of this Article
shall be compelled to remove the passengers and cargo from the locomotive.
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A fine of from 4,000,000 VND to
8,000,000 VND shall be imposed for employing the people without qualifications
that match their positions; employing the people that fail to meet health
standards.
Article 63.
Penalties for violations against the laws on training and issuance of
qualifications
1. A fine of from 3,000,000 VND to
5,000,000 VND shall be imposed upon the training institution that:
a) Fails to meet the requirements and
standards of a rail employee training institution;
b) Fails to comply with the regulations
on recruitment, training programs, examination, issuing/replacing
qualifications;
2. A warning or fine of from 5,000,000
VND to 10,000,000 VND shall be imposed for providing training or issuing
qualifications without approval by competent authorities.
3. Apart from the fines, the
organization that commits the violations in Clause 1 of this Article shall be
suspended from recruitment for 02 months.
4. Apart from incurring the penalties, the
person that commits the violations in Clause 2 of this Article shall be
compelled to revoke the qualifications illegally issued.
SECTION 5.
VIOLATIONS AGAINST REGULATIONS ON RAILWAY SERVICES
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1. A fine of from 4,000,000 VND to
6,000,000 VND shall be imposed upon the company 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 one of the following violations:
a) Failing to apply for a business
registration;
b) Using the material-handling equipment
that fails to meet safety standards; employing the people without
qualifications to operate material-handling equipment;
c) Failing to comply with regulations on
fire safety and environmental hygiene in the warehouse; using substandard
warehouses or yards;
d) Manufacturing, assembling, modifying,
repairing vehicles without supervision and quality control; failing to employ
bachelors in auto mechanics; failing to make plans for fire safety and
environmental pollution prevention;
dd) Providing rail transport services or
road infrastructure services without a safety certificate, or using a fake or
expired safety certificate;
e) Providing rail transport services
without an insurance contract (for transport of passengers and dangerous goods
by train); failing 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;
g) Failing 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 the fines, the
organization that commits the violations in Point dd Clause 1 of this Article shall
have their fake or expired certificate confiscated.
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1. A fine of from 2,000,000 VND to
3,000,000 VND shall be imposed upon the rail transport company that commits one
of the following violations:
a) Transporting corpses and bones
against the law;
b) Transporting living or wild animals
against the law.
2. A fine of from 5,000,000 VND to
10,000,000 VND shall be imposed upon the rail transport company that commits
one of the following violations:
a) Failing to undertake special
transport missions at the request of competent authorities;
b) Failing to comply with regulations on
transporting oversize and overweight goods;
c) Failing to comply with regulations on
loading, unloading, and transporting dangerous goods;
d) Failing to ensure passengers are
provided with adequate conveniences when the transport is interrupted due to
accidents, natural disasters, or sabotage.
3. Apart from incurring the penalties,
the company that commits the violations in Clause 1 or Point c Clause 2 of this
Article shall be compelled to remove the corpses, bones, living or wild animals
from the train.
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1. A warning or fine of from 100,000 VND
to 200,000 VND shall be imposed for using fake tickets on the train.
2. A fine of from 2,000,000 VND to
4,000,000 VND shall be imposed upon:
a) Ticketing staff of the train station,
ticket agents, or on the train that sells tickets against the law;
b) Trading tickets to earn illicit
profits.
3. A fine of from 10,000,000 VND to
15,000,000 VND shall be imposed upon the individual, a fine of from 20,000,000
VND to 30,000,000 VND shall be imposed upon the organization that commits one
of the following violations:
a) Making fake tickets;
b) Transporting fake tickets;
c) Selling fake tickets;
d) Storing fake tickets.
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a) The fake tickets shall be confiscated
when any of the violations mentioned in Clause 1 of this Article is committed;
b) All tickets shall be confiscated when
any of the violations mentioned in Point b Clause 2 of this Article is
committed;
c) The fake tickets and equipment used
for making and transporting fake tickets shall be confiscated when any of the
violations mentioned in Clause 3 of this Article is committed;
d) The illicit profits shall be
confiscated when any of the violations mentioned in Clause 2 or Point c Clause
2 of this Article is committed.
SECTION 6. OTHER
RAIL TRANSPORT OFFENCES
Article 67.
Penalties for violations against other regulations on railway safety and
security
1. A fine of from 100,000 VND to 200,000
VND shall be imposed for:
a) Peddling on the train or in the train
stations;
b) Failing to comply with train
regulations on the train;
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2. A fine of from 300,000 VND to 500,000
VND shall be imposed for:
a) Disturbing the order or safety on the
train or in the train stations;
b) Threatening, infringing upon the
health or belongings of passengers of railway employees;
c) Bringing animals that carry
contagious diseases or wild animals to the station or to the train;
d) Bringing corpses, bones,
flammable/explosive substances, or weapons to the station or train.
3. Apart from incurring the penalties,
the person that commits the violations in Point c or Point d Clause 2 of this
Article shall be compelled to remove the corpses, bones, animals,
flammable/explosive substances, or weapons from the station or train.
Chapter 4.
POWER TO IMPOSE PENALTIES AND PENALTY
IMPOSITION PROCEDURE
SECTION 1. POWER TO
IMPOSE PENALTIES
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1. Presidents of the People’s Committees
are entitled to impose penalties for the violations mentioned in this Decree
that are committed locally.
2. Traffic police officers are entitled
to impose penalties for:
a) The violations against traffic rules
mentioned in this Decree;
b) The violations against regulations on
protection of road infrastructure mentioned in Clause 1, Clause 2, Clause 4,
Clause 5 Article 15 of this Decree.
3. Railway police officers are entitled
to impose penalties for the violations against regulations on railway safety
mentioned in this Decree.
4. Police officers, rapid reaction
forces, mobile police officers, and administration police officers are entitled
to impose penalties for the violations mentioned in the following Points,
Clauses, and Articles of this Decree if such violations are related to their
duties:
a) Point d, Point i Clause 1; Point g,
Point h Clause 2; Point b, Point d, Point d, Point e Clause 3; Point a, Point
b, Point d, Point d, Point e, Point h Clause 4; Point b Clause 5; Point b,
Point d Clause 7; Clause 8; Clause 9; Clause 10 Article 5;
b) Point e Clause 2; Point a, Point d,
Point e, Point h, Point i, Point k, Point l, Point o Clause 3; Point b, Point
c, Point d, Point e, Point g, Point i, Point k, Point m Clause 4; Point b,
Point d, Point d Clause 5; Point a, Point b, Point e Clause 6; Clause 7; Clause
8; Clause 9 Article 6;
c) Point b, Point d, Point d, Point e,
Point h, Point i Clause 2; Point b, Point d, Point d Clause 3; Point d, Point
e, Point g Clause 4; Point b, Point c Clause 5; Point a Clause 6; Clause 7;
Clause 8 Article 7;
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dd) Article 9, Article 10, Article 11,
Article 12;
e) Clause 1, Clause 2, Clause 4, Clause
5 Article 15;
g) Article 18, Article 20;
h) Point b Clause 3; Point a, Point b,
Point c, Point d, Point e Clause 5; Point a, Point b, Point c Clause 6 Article
23;
i) Article 26, Article 29;
k) Clause 4, Clause 5 Article 31;
Article 32, Article 34;
l) Article 46, Article 48, Article 49,
Article 50, Article 51, Article 66, Article 67.
5. Chiefs of police stations of communes
are entitled to impose penalties for the violations mentioned in the following
Points, Clauses, and Articles of this Decree if such violations are related to
their duties:
a) Point d, Point i Clause 1; Point g,
Point h Clause 2; Point b, Point d, Point d, Point e Clause 3; Point a, Point
b, Point d, Point d, Point e, Point h Clause 4 Article 5;
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c) Point b, Point d, Point d, Point e,
Point h, Point i Clause 2; Point b, Point d, Point d Clause 3; Point d, Point
e, Point g Clause 4; Point b, Point c Clause 5 Article 7;
d) Point c, Point e, Point g Clause 1;
Clause 2; Clause 3; Clause 4 Article 8;
dd) Article 9, Article 10;
e) Clause 1, Clause 2, Clause 3 Article
11;
g) Clause 1, Clause 2 Article 12;
h) Clause 1, Clause 2 Article 15;
i) Article 18; Clause 1, Clause 2
Article 20;
k) Point b Clause 3; Point a, Point b,
Point c, Point d, Point e Clause 5 Article 23;
l) Clause 1 Article 26; Clause 1 Article
29;
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n) Clause 1, Clause 2, Clause 3, Clause
4, Clause 5, Clause 6, Clause 7 Article 46; Clause 1 Article 48; Clause 1
Article 49; Clause 1 Article 51; Clause 1 Article 66; Article 67.
6. 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 mentioned in:
a) Point d Clause 1; Point g, Point h
Clause 2; Point d, Point d, Point e Clause 3; Point a, Point b, Point d, Point
e, Point h Clause 4; Point b Clause 5; Point b Clause 7; Clause 8 Article 5;
b) Point a, Point d, Point h Clause 3;
Point m Clause 4; Point d Clause 5 Article 6;
c) Point d, Point d, Point e, Point g,
Point h, Point i Clause 2; Point b Clause 3; Point d, Point e, Point g Clause
4; Point b, Point c Clause 5 Article 7;
d) Point d, Point e Clause 1; Point a,
Point b Clause 2; Point b Clause 3 Article 8;
d) Point a Clause 1; Clause 2; Clause 3;
Point a, Point b Clause 4; Point a Clause 5 Article 11;
e) Article 12, Article 13, Article 14,
Article 15;
g) Clause 1; Clause 2; Clause 3; Clause
4; Point b, Point d Clause 5 Article 16;
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i) Clause 3; Point b, Point c Clause 4;
Clause 6; Clause 7 Article 21;
k) Article 22; Article 23;
l) Clause 1; Point a, Point b, Point d
Clause 2; Clause 3; Clause 4; Clause 5; Clause 6 Article 24;
m) Article 25, Article 27, Article 28;
n) Clause 2; Point a, Point d, Point g,
Point h, Point i, Point k Clause 5; Clause 6; Clause 7 Article 30;
o) Article 31, Article 33, Article 37,
Article 38;
p) Clause 1, Clause 2, Clause 3, Clause
4, Clause 5, Clause 6, Clause 7 Article 46; Point b Clause 2, Point b Clause 3
Article 48 if the violation is committed at a railway crossing or a bridge
shared by trains and road traffic.
7. Rail transport inspectors are
entitled to impose penalties for the violations mentioned in Chapter III of
this Decree, except for the violations in Point c Clause 5 Article 47, Clause 3
Article 50, Clause 3 Article 53 of this Decree.
Article 69. Power
to impose penalties of the Presidents of the People’s Committees
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a) Issue warnings;
b) Impose fines of up to 4,000,000 VND
for road traffic offences and up to 5,000,000 VND for rail transport offences;
c) Confiscate the items and vehicles
illegally used, the value of which does not exceed the fine level mentioned in
Point b of this Clause;
d) Take the remedial measures mentioned
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 20,000,000 VND
for road traffic offences and up to 37,500,000 VND for rail transport offences;
c) Suspend the licenses, practicing
certificates, or suspend the operation;
d) Confiscate the items and vehicles at
fault, the value of which does not exceed the fine level mentioned in Point b
of this Clause;
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3. Presidents of People’s Committees of
provinces are entitled to:
a) Issue warnings;
b) Impose fines of up to 40,000,000 VND
for road traffic offences and up to 75,000,000 VND for rail transport offences;
c) Suspend the licenses, practicing
certificates, or suspend the operation;
d) Confiscate the items and vehicles
illegally used;
dd) Take the remedial measures mentioned
in Clause 1 Article 4 of this Decree.
Article 70. Power
to impose penalties of the police
1. Police officers on duty are entitled
to:
a) Issue warnings;
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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 1,200,000 VND
for road traffic offences and up to 1,500,000 VND 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 2,000,000 VND
for road traffic offences and up to 2,500,000 VND for rail transport offences.
c) Confiscate the items and vehicles
illegally used, the value of which does not exceed the fine level mentioned in
Point b of this Clause;
d) Take the remedial measures mentioned
in Point a and Point c Clause 1 Article 4 of this Decree.
4. Chiefs of police stations of
districts, chiefs of divisions of Road Traffic Police Authority and Rail
Transport Police Authority; chiefs of departments affiliated to provincial
police divisions, company commanders and above are entitled to:
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b) Impose fines of up to 8,000,000 VND
for road traffic offences and up to 15,000,000 VND for rail transport offences;
c) Suspend the licenses, practicing
certificates, or suspend the operation;
d) Confiscate the items and vehicles
illegally used, the value of which does not exceed the fine level mentioned in
Point b of this Clause;
dd) Take the remedial measures mentioned
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 20,000,000 VND
for road traffic offences and up to 37,500,000 VND for rail transport offences;
c) Suspend the licenses, practicing
certificates, or suspend the operation;
d) Confiscate the items and vehicles
illegally used, the value of which does not exceed the fine level mentioned in
Point b of this Clause;
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6. The Directors of Road Traffic Police
Authority, Rail Transport Police Authority, and Administration Police Authority
are entitled to:
a) Issue warnings;
b) Impose fines of up to 40,000,000 VND
for road traffic offences and up to 75,000,000 VND for rail transport offences;
c) Suspend the licenses, practicing
certificates, or suspend the operation;
d) Confiscate the items and vehicles
illegally used;
dd) Take the remedial measures mentioned
in Points a, c, dd, and e Clause 1 Article 4 of this Decree.
Article 71. Power
to impose penalties of transport inspectors
1. Inspectors and the persons assigned
as inspectors are entitled to:
a) Issue warnings;
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c) Confiscate the items and vehicles
illegally used, the value of which does not exceed the fine level mentioned in
Point b of this Clause;
d) Take the remedial measures mentioned
in Points a and c Clause 1 Article 4 of this Decree.
2. Chief Inspectors of Services of
Transport, chiefs of local road authorities affiliated to Directorate for Roads
of Vietnam, chief of inspectorates of Services of Transport, 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 20,000,000 VND
for road traffic offences and up to 37,500,000 VND for rail transport offences;
c) Suspend the licenses, practicing
certificates, or suspend the operation;
d) Confiscate the items and vehicles
illegally used, the value of which does not exceed the fine level mentioned in
Point b of this Clause;
dd) Take the remedial measures mentioned
in Clause 1 Article 4 of this Decree.
3. Chiefs of inspectorates of the
Ministry of Transport are entitled to:
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b) Impose fines of up to 28,000,000 VND
for road traffic offences and up to 52,500,000 VND for rail transport offences;
c) Suspend the licenses, practicing
certificates, or suspend the operation;
d) Confiscate the items and vehicles
illegally used, the value of which does not exceed the fine level mentioned in
Point b of this Clause;
dd) Take the remedial measures mentioned
in Clause 1 Article 4 of this Decree.
4. Chief Inspectors of the Ministry of
Transport, the Director of Directorate for Roads of Vietnam, and the Director
of Vietnam Railway Administration are entitled to:
a) Issue warnings;
b) Impose fines of up to 40,000,000 VND
for road traffic offences and up to 75,000,000 VND for rail transport offences;
c) Suspend the licenses, practicing certificates,
or suspend the operation;
d) Confiscate the items and vehicles
illegally used;
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Article 72. 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 mentioned in
Article 69, Article 70 and Article 71 of this Decree are imposed upon an
individual; the maximum fines can be imposed upon an organization is twice the
maximum fines imposed upon an individual that commits the same violations.
3. Any of the persons mentioned in
Clause 2, Clause 3 Article 69; Clause 4, Clause 5, Clause 6 Article 70; Clause
2, Clause 3, Clause 4 Article 71 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 73. 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 69,
70, and 71 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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a) The persons entitled to impose
administrative penalties for rail transport offenses mentioned in Articles 69,
70, and 71 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 74.
Procedure for imposing penalties upon vehicle owners
1. If the owner of the vehicle at fault
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 at fault
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.
3. If a penalty mentioned in Chapter II
is imposed upon both the vehicle owner and the operator or the attendant, the
owner is also the operator of the vehicle, or the owner is also an attendant on
the vehicle, the owner of the vehicle at fault shall incur the penalty.
4. The violations mentioned in Point b
Clause 1 and Clause 4 Article 30 of this Decree shall be only verified through
investigations if the accident is serious, or through vehicle registration.
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1. To immediately stop the violation,
the person entitled to impose penalties is allowed to impound the vehicle for
up to 07 days before issuing a decision on penalties for the violations in:
a) Point b Clause 5; Point b, Point d
Clause 7; Clause 8; Clause 10 Article 5;
b) Point b Clause 5; Point b, Point e
Clause 6; Clause 7; Clause 8; Clause 9 Article 6;
c) Point d Clause 4; Point a Clause 6;
Clause 7; Clause 8 Article 7;
d) Point d, Point d Clause 4 Article 8
if the operator at fault is under 16 years of age;
dd) Clause 4; Point d, Point d Clause 5
Article 16;
e) Clause 3 Article 17;
g) Point a, Point d Clause 1 Article 19;
h) Clause 1; Point a, Point c Clause 4;
Clause 5; Clause 6; Clause 7 Article 21.
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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.
Chapter 5.
IMPLEMENTATION
Article 76. Effect
1. This Decree takes effect on January
01, 2014.
2. This Decree supersedes:
a) The Government's Decree No.
34/2010/ND-CP dated April 02, 2010 on administrative penalties for road traffic
offenses.
b) The Government's Decree No.
71/2012/ND-CP dated September 19, 2012 on amendments to the Government's Decree
No. 34/2010/ND-CP.
c) The Government's Decree No.
44/2006/ND-CP dated April 25, 2006 on administrative penalties for rail
transport offenses;
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3. The vehicle operators that commit the
violations in Point d Clause 1 Article 5 and Point h Clause 2 Article 7 of this
Decree shall incur penalties from July 01, 2014 if the danger sign is not
“Caution: Parking vehicles”.
4. Point b Clause 1 Article 30 of this
Decree shall be applied from January 01, 2017.
5. Clause 4 Article 30 of this Decree
shall be applied from January 01, 2015.
6. Clause 1 Article 28 of this Decree
shall be applied from July 01, 2014.
Article 77.
Transition terms
1. The road traffic offenses and rail
transport offenses committed before this Decree takes effect and discovered
afterwards, the regulations that are advantageous to the organizations and
individuals at fault shall apply.
2. The Decrees mentioned in Clause 2
Article 76 of this Decree shall apply to the decisions on administrative
penalties for road traffic offenses and rail transport offenses mentioned that
have been issued or implemented before this Decree takes effect.
Article 78.
Responsibility for implementation
1. The Ministry of Public Security and
the Ministry of Finance must quickly amend the regulations on procedures for
transferring vehicle ownership towards simplification of formalities, including
the procedure for vehicle ownership transfer at police stations and the
procedure for paying registration fees at finance authorities, specifying the
entities responsible for following the procedure for vehicle ownership
transfer.
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FOR THE
GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung