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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No. 78/1998/ND-CP
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Hanoi, September
26, 1998
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DECREE
ON AMENDMENTS AND
SUPPLEMENTS TO A NUMBER OF ARTICLES OF DECREE No. 49-CP OF JULY 26, 1995 OF THE
GOVERNMENT
THE GOVERNMENT
Pursuant
to the Law on Organization of the Government of September 30, 1992;
Pursuant to the Ordinance on Vietnam People's Police of January 28, 1989 and
the July 6, 1995 Ordinance amending Article 6 of the Ordinance on Vietnam People's
Police;
Pursuant to the July 6, 1995 Ordinance on the Handling of Administrative
Violations;
Pursuant to Decree No. 36-CP of May 29, 1995 of the Government on ensuring
traffic order and safety on land roads and in urban centers and Decree No.
75/1998/ND-CP of September 26, 1998 of the Government amending and
supplementing a number of Articles of Decree No. 36-CP of May 29, 1995;
Pursuant to Decree No. 80-CP of December 5, 1996 of the Government defining the
organization and operation of the specialized communications and transport
inspectorate;
At the proposals of the Minister of Communi-cations and Transport and the
Minister of Justice,
DECREES:
Article 1.-
To amend and/or supplement a number of Articles of Decree No.49-CP of July 26,
1995 of the Government on administrative sanctions against violations of
traffic order and safety on land roads and in urban centers as follows:
1. Article 2 is amended as follows:
"Article 2.- The fine levels applicable in
san-ctioning administrative violations with extenuating or aggravating factors.
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2. The application of extenuating or aggravating
factors shall comply with the provisions of the Ordinance on the Handling of
Administrative Violations."
2. Point a, Clause 1 of Article 5, is amended as
follows:
"a/ Conducting activities of construction
and/or repair of projects within the corridor of protection of land road
traffic works or projects directly related to land road traffic works without
permit from the land road traffic management agency or with such a permit but
without notifying in writing the agency directly managing land road projects
thereof."
3. To supplement Point f to Clause 2 of Article
7 as follows:
"f/ Skating or playing other games and/or
sports on roads"
4. Clauses 1, 2, 3, 4 and 5 of Article 8 are
amended as follows:
"1. A fine of 10,000 dong for one of the
following acts:
a/ Riding bicycle on lanes not prescribed
therefor, on street pavements, in public flower gardens or parks.
b/ Using umbrellas or stick umbrellas against
rain or sun shine when riding bicycle.
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2. A fine of 20,000 dong for one of the
following acts:
a/ Riding across a road, bridge, ferry or a
dangerous road section without obeying the signal lights or signs and other
traffic signals or the guidance of the person in charge of traffic control.
b/ Riding three and more abreast.
c/ Parking, stopping the bicycle beyond the
prescribed limit at the crossroads when the red light is on or when the traffic
police has signaled to stop;
d/ Failing to give signal by stretching hand
before making a turn.
e/ Pack-bicycle or bicycle transporting bulky
cargo beyond the prescribed limits, or violating the regulations on time and
roads prescribed for traffic.
f/ Failing to give way to motorized vehicles.
3. A fine of 50,000 dong for one of the
following acts:
a/ Holding on to a motorized vehicle, carrying a
bulky load while riding; pulling other objects or leading animal(s); carrying a
person on handlebar or crossbar of the bicycle; carrying on pillion more
persons than allowed; carrying inflammable and/or explosive goods in
contravention of regulations.
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c/ Weaving one's way on the bike, riding in
zigzags; chasing one another on the street.
d/ Riding from houses, alleys or side-streets to
road or vice versa without noticing ahead, thus breaking the traffic safety.
e/ Riding into the opposite direction of one-way
roads, restricted roads, a road for motorized vehicles only or an area banned
to bicycles.
4. A fine of 200,000 dong for one of the
following acts:
a/ Participating in an unlawful cycling race.
b/ Causing accidents then fleeing."
5. Clauses 2 and 3 of Article 9, are amended as
follows:
- Point b, Clause 2, is amended as follows:
"b/ Letting an animal draw a cart without a
guardian; failing to have enough tools to contain the animal's waste matters or
failing to take away from road all waste matters of the animal."
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"a/ Loading the vehicle with cargos beyond
the prescribed limit; carrying inflammable and/or explosive goods at variance
with the regulations."
6. Clause 3 of Article 10, is amended as
follows:
"Article 10.- Sanctions against drivers of
cyclo, trailer-bicycle and other vehicles of similar structure in violation of
traffic order and safety.
3. A fine of 500,000 dong for acts of racing by
cyclo or trailer- bicycle, carrying inflammable and/or explosive goods at
variance with the regulations."
7. Article 11 is supplemented and amended as
follows:
"Article 11.- Sanctions against drivers of
motorcycles, mopeds, trailer-mopeds, motorized cyclos and other vehicles of
similar structure in violation of traffic order and safety.
1. A fine of 50,000 dong for one of the
following acts:
a/ Failing to keep the right lane, riding on
street pavements.
b/ Using umbrellas or stick umbrellas against
rain or sun shine or using mobile phones while riding the vehicles mentioned in
this Article.
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d/ The driver of one of the vehicles mentioned
in this Article carries more persons than prescribed, or carries bulky
commodities; or rides the vehicle two and more abreast.
e/ The driver of one of the vehicles mentioned
in this Article is not full 16 years of age.
f/ Failing to give signal when changing
direction or passing through a place where the view is obstructed; using the
main headlight in cities, towns or townships; blowing horns in areas where
honking is forbidden or thus breaking the quietness of night from 10 p.m. to 5
a.m.
g/ Gathering in group of 3 vehicles or more on
the roadbed, pavement or bridge.
h/ Failing to bring along motorcycle or moped
registration certificate.
2. A fine of 100,000 dong for one of the
following acts:
a/ Riding at a speed exceeding the prescribed
one; riding on the opposite direction of the one-way road or entering a
restricted road or area.
b/ Refusing to give way to priority vehicle or
other vehicle that has signaled the overtaking as prescribed.
c/ Riding across a road, bridge, ferry or
dangerous road section without observing the signal lights, signs, other
traffic signals or guidance of the traffic police or traffic control personnel.
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e/ Riding a vehicle without lights, horn and/or
brakes or with non-operational ones; using horns reserved only for priority
vehicles or car; using unreadable or curved number plates.
f/ Riding a moped, motorcycle, trailer-moped or
motorized cyclo without driving license as prescribed.
g/ Lending the driving license.
h/ Failing to submit to the inspection and/or
control by the traffic police when there's a sign of his/her violation of the
regulations on traffic order and safety.
i/ Failing to complete the procedures for
changing the region or transferring the ownership over a vehicle as prescribed
by law.
3. A fine of 200,000 dong for one of the
following acts:
a/ Riding at high speed from houses, alleys or
side-streets to main roads, and vice versa.
b/ Riding a vehicle which is not registered yet
or which has been registered but its plate number is not compatible with that
in the vehicle's registration certificate; riding a vehicle without number
plate or with a fake number plate.
4. A fine of 500,000 dong for one of the
following acts:
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b/ Driving the vehicle after drinking alcohol,
beer or other stimulants with volume percentage exceeding the prescribed level;
c/ Failing to keep intact the scene after
causing an accident.
5. A fine of 1,000,000 dong for one of the
following acts:
a/ Weaving one's way, riding in zigzags, chasing
one another or riding a vehicle with only one wheel on the road.
b/ Riding a motorcycle with cylinder capacity of
175 cm3 or above at variance with the regulations.
c/ Altering the vehicle's characteristics.
d/ Causing accident then fleeing.
e/ Erasing or modifying the vehicle's dossier,
registration certificate, the engine's numbers or frame's numbers, but not
seriously enough for being examined for penal liability.
f/ Carrying inflammable and/or explosive goods
at variance with the regulations.
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a/ Weaving one's way or riding in zigzags,
chasing one another and causing accident but not seriously enough for being
examined for penal liability.
b/ Weaving one's way or riding in zigzags,
chasing one another and causing accident, ignoring the order of the person on
duty to stop.
7. Apart from fine, a driver of moped,
motorcycle, trailer-moped or cyclo, who violates the provisions of this Article
shall be handled as follows:
a/ To have his/her driving license withdrawn for
60 (sixty) days, in case of violation of Point b, Clause 4; Points a and d,
Clause 5.
b/ To have his/her driving license stripped, in
case of violation of Clause 6; and have the vehicle confiscated in case of
recidivism;
c/ To pay compensation for any damage, in case
of violation of Point a, Clause 6."
8. Article 13 is amended as follows:
"Article 13.- Sanctions against automobile
drivers, who violate traffic order and safety.
1. A fine of 100,000 dong for one of the
following acts:
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b/ Parking, stopping, giving way, overtaking,
reversing, making U-turn, left or right turn at variance with the regulations.
c/ Blowing horns in cities, towns or townships
or in areas where honking is banned; honking at night time from 10 p.m. to 5
a.m. in cities, towns or townships; using main head lights from 7 p.m. to 5
a.m. when another automobile is running from the opposite direction.
d/ The number plate is unreadable, hidden or
lacks letter(s) and/or number(s) as prescribed; the number plate is stuck on
the vehicle not at the prescribed positioin.
e/ Driving an automobile without horn, head
lights, signal lights, windshield wipers, windshields and rearview mirror(s).
2. A fine of 300,000 dong for one of the
following acts:
a/ Driving an automobile into the opposite
direction of a one-way road, or a road banned to some kinds of vehicle.
b/ Driving an automobile at a speed higher then
the prescribed one; driving at a high speed from an alley, side-street or small
street to the main road or vice versa.
c/ Refusing to give way to another vehicle even
when the latter has signaled for the overtaking or refusing to give way to
vehicle on main roads.
d/ Driving across a road, bridge, ferry or dangerous
road section without observing the signal lights, signs and other traffic
signals or not according to guidance of the traffic police or traffic control
personnel.
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f/ Refusing to carry accident victim(s) to
first-aid station(s) when riding past a place of accident.
g/ Driving an automobile without brakes, driving
at night without the prescribed lights.
h/ Using a fake number plate.
i/ The driving license has expired but the
time-limit for the exchange thereof has not finished; the certificates of
technical safety control and environmental protection have expired but the
automobile has not yet been re-examined.
3. A fine of 500,000 dong for one of the
following acts:
a/ Refusing to give way to a priority vehicle.
b/ Using an automobile to push or haul another
vehicle, to pull a semi-trailer or a trailer at variance with the regulations.
c/ Transporting bulky commodities and/or objects
higher, which are longer or wider than allowed.
d/ Transporting bamboo, iron, steel or other
materials and letting them drag on roads or without taking any safety measures.
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f/ Refusing to submit to or obstructing the
inspection, control or guidance of the traffic police or the traffic control
personnel when he/she is caught in violation.
g/ Lending or hiring out the driving license;
assigning unsafe automobiles to drivers or assigning automobiles to persons who
have no driving licenses.
h/ Failing to keep the safety distance at a
place where there's a sign on minimum distance between automobiles.
i/ Parking, stopping the automobile or opening
the automobile's door, thus causing accident to other(s) but not to the extent
of being examined for penal liability.
j/ Loading the automobile with commodities
askew.
4. A fine of 1,000,000 dong for one of the
following acts:
a/ Driving after taking alcohol, beer or other
stimulants with volume percentage higher than prescribed.
b/ Practicing driving without the practice
permit or without an instructor sitting beside; the automobile does not carry
the "practice driving" sign as prescribed; driving without auxiliary
brakes and rearview mirror(s); driving on a public road without permission;
driving outside the prescribed lane or area.
c/ Transporting commodities and/or objects above
the allowed weight of the automobile.
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e/ The driver does not have a driving license or
the driving license does not match the kind of the automobile he/she is
driving; there's no certificate of technical safety and environmental
protection for the automobile; the automobile is not yet registered; it is not
certified for transfer of region or lacks the operating permit as prescribed.
f/ Erasing, modifying the automobile's
registration certificate, the engine's numbers, frame's numbers, certificate of
technical safety and environmental protection or other papers, but not to the
extent of being examined for penal liability.
g/ Using a fake driving license, a fake
certificate of technical safety and environmental protection or a fake
registration certificate.
h/ The driver of the automobile commits act(s)
of violation and resists the official(s) on duty, but not to the extent of
being examined for penal liability.
5. A fine of 2,000,000 dong for one of the
following acts:
a/ Causing accident then fleeing, but not to the
extent of being examined for penal liability.
b/ Borrowing or hiring a whole automobile or a
number of components of an automobile to avoid control by the competent agency.
6. A fine of 5,000,000 for any act of
transporting noxious, inflammable and/or explosive substances at variance with
the regulations; or parking, stopping such vehicle in a crowded place or
important projects.
7. A fine of 20,000,000 dong against
participants in an unlawful car race.
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8. Apart from a fine, an automobile driver
committing act(s) of violation defined in this Article shall also be subject
to:
a/ Having his/her driving license withdrawn for
90 (ninety) days, in case of violation of Point a, Clause 4; Point a, Clause 5,
and Clause 6.
b/ Immediately reducing the load and bearing all
costs arising therefrom, in case of violation of Point c, Clause 4.
c/ Paying compensation for any damage, in case
of violation of Point a, Clause 5."
9. Article 14 is amended as follows:
"Article 14.- Sanctions against drivers of
passenger cars and passengers thereon for violating traffic order and safety.
1. A fine of 100,000 dong against passengers who
commit one of the following acts:
a/ Causing disorder in the car.
b/ Obstructing the transportation of passengers.
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d/ Hanging on the car, sitting on its roof or
committing other acts against the safety while the car is running.
2. A fine of 200,000 dong against the driver of
a passenger car who commits one of the following acts:
a/ Letting the passengers stay in the car when
the car is taking to or disembarking from a ferry, or while on a ferry.
b/ Taking or releasing passengers when the car
is running, at the wrong stations, or unprescribed places, at non-stopping or
non-parking place or at a curved road section where the view is obstructed.
c/ Failing to shut the car door when it starts
running.
3. A fine of 500,000 dong against the driver of
a passenger car who commits one of the following acts:
a/ Letting passengers to hang on the car's door,
sit on the car's side-wall or roof.
b/ Transferring or ceding passengers of one's
car to another en route, without the passengers' consent.
c/ Carrying more passengers than prescribed for
each kind of vehicle.
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e/ Disembarking passengers to avoid inspection
and/or control of the competent person(s).
4. A fine of 2,000,000 dong for acts of
transporting noxious, inflammable and/or explosive substances together with
passengers.
5. Apart from a fine, the driver of a passenger
car who violates the provisions in this Article shall also have to:
a/ Immediately take measures to overcome the
consequences and ensure traffic safety, in case of violation of Points a and c,
Clause 2; Points a, c and d, Clause 3; and Clause 4.
b/ Have his/her driving license withdrawn for 90
(ninety) days, in case of his/her violation of Point c, Clause 3; and Clause 4.
6. The driver of a passenger car who violates
the provisions in Article 13 of this Decree shall also be sanctioned under the
provisions of that Article."
10. Clauses 2 and 3 of Article 15, are amended
as follows:
"2. A fine of 500,000 dong against the
driver of such rudimentary vehicles as "cong nong" or "bong
sen" or other vehicles of similar technical standard for committing one of
the following acts:
a/ Transporting men;
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c/ Transporting inflammable and/or explosive
goods at variance with the regulations.
3. The driver of such three-wheeled vans as
"xe lam", "cong nong" or "bong sen" or other
vehicles of similar technical standard, who violates the provisions of Articles
13, 14 and 17 of this Decree shall be sanctioned under the provisions of those
Articles."
11. Article 16 is amended as follows:
"Article 16.- Sanctions against the drivers
of caterpillars, overloaded and oversized vehicles, as compared to those
prescribed for roads and/or bridges, violating traffic order and safety
1. A fine of 1,000,000 dong for one of the
following acts:
a/ Driving on roads, bridges or ferries without
permit or the permit has expired.
b/ Failing to keep the route prescribed in the
permit.
2. A fine of 2,000,000 dong for one of the
following acts (except for vehicles which have been given special permits):
a/ Transporting commodities with their total
weight after deducting the allowed error still exceeding the weight prescribed
for the bridge or road by up to 2%;
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3. A fine of 3,000,000 dong for one of the
following acts:
a/ Transporting commodities with their weight
after deducting the allowed error still exceeding the weight prescribed for the
bridge or road by more than 2%;
b/ Transporting commodities with their sizes
exceeding the limits prescribed for the bridge or road in Point b, Clause 2 of
this Article.
4. Apart from a fine, the driver of a vehicle
who commits act(s) defined in this Article shall also have his/her driving
license withdrawn for 60 (sixty) days; have to discharge the overloaded or
oversized commodities immediately; all costs arising therefrom, including the
hire of means for the discharge of commodities shall be borne by the owner and
driver of the vehicle."
12. Point a, Clause 5 of Article 17, is amended
as follows:
"a/ If the driver who is also the owner of
a vehicle violates the provisions in Clause 3 of this Article, he/she shall be
stripped of his/her driving license for 180 (one hundred and eighty) days and
his/her vehicle's certificate of technical safety and environmental protection
withdrawn."
13. Clause 2 of Article 20, is amended as
follows:
"2. The land road communications and
transport specialized inspectorate shall have the competence to sanction acts
of violation of the provisions in Articles 4, 5, 6, 7, 16 and 18 of this
Decree."
14. Clause 5 of Article 22, is amended as
follows:
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15. Clause 6 of Article 22, is amended as
follows:
"6. The head of the land road and railway
traffic Police Department and the head of the Police Department for
administrative management of social order shall have the competence:
a/ To serve a warning;
b/ To fine up to 20,000,000 dong;
c/ To apply forms of additional sanctions and
measures to overcome consequences as stipulated in Clause 4, Article 22 of this
Decree."
16. Article 23 is amended as follows:
"Article 23.- Sanctioning competence of the
specialized communications and transport inspector:
1. A specialized communications and transport
inspector shall have the competence:
a/ To issue a warning;
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c/ To confiscate material evidences and means of
violation valued up to 500,000 dong;
d/ To force the offender to restore the initial
state which has been altered due to the administrative violation; to force the offender
to dismantle the illegally-built works;
e/ To force the offender to take measures to
ensure traffic safety.
2. The head of the specialized communications
and transport inspectorate attached to the provincial/municipal Communications
and Transport Service (the Communications and Public Works Service) or to the
Division of Land Road Management shall have the competence:
a/ To serve a warning;
b/ To fine up to 10,000,000 dong against the
violations of the provisions in this Decree;
c/ To force the offender to compensate up to
1,000,000 for damage caused by his/her administrative violation;
d/ To apply forms of additional sanctions and
measures to overcome the consequences as stipulated in Clause 1, Article 23 of
this Decree."
Article 2.-
This Decree takes effect 15 days after its signing. All the earlier provisions
which are contrary to this Decree are now annulled.
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Article 4.-
The ministers, the heads of the ministerial-level agencies, the heads of the
agencies attached to the Government, the presidents of the People's Committees
of the provinces and cities directly under the Central Government shall have to
implement this Decree.
THE GOVERNMENT
Phan Van Khai