Nghị định 100/2019/NĐ-CP xử phạt vi phạm giao thông đường bộ và đường sắt

 

 

DECREE

On sanctioning of administrative violations in the field of road traffic and railway

--------------------

Pursuant to the Law on Organization of the Government dated June 19, 2015;

Pursuant to the Law on Handling of Administrative Violations dated June 20, 2012;

Pursuant to the Law on Road Traffic dated November 13, 2008;

Pursuant to the Railway Law dated June 16, 2017;

At the proposal of the Minister of Transport;

The Government hereby promulgates the Decree on sanctioning administrative violations in the field of road traffic and railway.

 

Chapter I

GENERAL PROVISIONS

 

Article 1. Scope of regulation

1. This Decree provides regulations on administrative violations, sanctioning forms, fines, and remedial measures for each violation, the competence to make written records and sanction of administrative violations, fine levels according to each title in the field of road traffic and railway.

2. Acts of administrative violations in state management related to road traffic and railway other than those prescribed in this Decree, but prescribed in other Decrees on sanctioning of administrative violations shall be sanctioned according to the provisions of such Decrees.

Article 2. Subjects of application

1. Organizations and individuals that have acts of violations in the field of road traffic and railway within the territory of the Socialist Republic of Vietnam.

2. Organizations prescribed in Clause 1 of this Article include:

a) State agencies that commit violations not related to their assigned state management tasks;

b) People’s armed forces;

c) Public service providers;

d) Agencies of the Communist Party of Vietnam;

dd) Socio-political organizations, socio-political-professional organizations, social organizations and socio-professional organizations;

e) Economic organizations established under the Law on Enterprises including sole proprietorships, joint-stock companies, limited liability companies, partnerships and units affiliated to enterprises (branches, representative offices);

g) Economic organizations established under the Cooperative Law including cooperatives and unions of cooperatives;

h) Organizations established under the Law on Investment including domestic investors, foreign investors and foreign-invested economic organizations; branch offices and representative offices of foreign traders and enterprises in Vietnam; representative offices of foreign trade promotion organizations in Vietnam;

i) Other organizations established in accordance with law provisions.

3. Business households, households and cooperative groups that commit administrative violations prescribed in this Decree shall be sanctioned similar to individual violators.

4. Persons competent to make written records and sanction administrative violations and organizations and individuals involved in the sanctioning of administrative violations in accordance with this Decree.

Article 3. Interpretation of terms

In this Decree, the terms below are construed as follows:

1. Road traffic:

a) Tractor means a vehicle consisting of a self-moving locomotive, driven by a fork or a steering wheel, and a trailer pulled (removable with the tractor);

b) Automobile-like vehicle means a motor vehicle that has two axles and four or more wheels, an engine and cargo bed (if any) of which are on the same chassis (including electricity-powered 4-wheel vehicles);

c) Motorcycle-like vehicle means a motor vehicle that has two or three wheels with a cylinder capacity of 50 cm3 or higher, maximum design speed over 50 km/h and net weight not exceeding 400 kg;

d) Electric moped means a moped operated by an electric engine with power not exceeding 4 kW and maximum design speed not exceeding 50 km/h;

dd) Moped-like vehicle means a motor vehicle operated by an engine, having two or three wheels with a maximum design speed not exceeding 50 km/h, except those prescribed at Point e of this Clause;

e) Motor bicycle means a two-wheel bicycle that is equipped with an engine with a maximum design speed not exceeding 25 km/h. A motor bicycle is still operational with its engine off.

2. Rail transport:

a) Hump means a system serving railway shunting, when the locomotive pushes the wagon train to the slope, it will perform the operation of connecting the wagons so that the wagons can take advantage of the potential energy of the slope to run to the tracks in the classification yard;

b) Kicking means a method where momentum of the consist is used to propel the wagons to various tracks in the classification yard;

c) Dropping means a method where potential energy of the classification track is used to propel the wagons to various tracks in the classification yard;

d) Detachment means a method where a group of wagons 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 personnel directly serving the train operation of unusual conditions of the railway infrastructure, the rolling stocks, and other cases, specifying measures for ensuring train operation safety;

g) Railway clearance means the space along the rail 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 rail line and lies between two barrier arms and barriers (including barrier arms and barriers), or lies between two outer rails and the both sides of the rail way 6 meters if no barriers are available;

i) Length of the road-rail bridge means the distance between two barrier arms, barriers (including barrier arms and barriers), or the distance between two abutments of the bridge plus 10 meters to both sides if no barriers are available.

Article 4. Remedial measures and implementation principles

1. Remedial measures for damage caused by administrative violations in the field of road traffic and railway:

a) Forcible restoration of the original state;

b) Forcible dismantlement of construction works or construction work parts built without license or at variance with construction licenses;

c) Forcible adoption of measures to remediate environmental pollution caused by administrative violations;

d) Forcible re-export of transports from Vietnam;

dd) Forcible refund of illicit profits earned through the commission of administrative violations;

e) Other remedial measures prescribed in Clauses 2 and 3 of this Article.

2. Other remedial measures in the field of road traffic:

a) Forcible dismantlement of objects obstructing sight of road signs and traffic lights or forcible relocation of trees planted in incorrect spots;

b) Forcible collection of rice, straw, agro-forestry-fishery products, garbage, wastes, vehicles, materials, goods, machinery, equipment, signboards, advertising panels, nails, pointy and sharp objects, string and other materials, obstacles;

c) Forcible immediate adoption of measures to ensure traffic safety in accordance with law provisions or forcible removal of construction notice boards containing adequate information in accordance with law provisions;

d) Forcible reconstruction of automobile station, parking lots, rest stops and tollbooths according to to regulations and technical standards;

dd) Forcible addition or repair of lost or damaged road signs and repair of damaged road infrastructure;

e) Forcible installation of adequate equipment, replacement with equipment satisfactory to technical safety standards, restoration of technical attributes of vehicles and equipment in accordance with regulations or removal of additional equipment whose installation is against the law;

g) Forcible allocation of other vehicles for transport of number of passengers exceeding maximum passenger capacity of the vehicles;

h) Forcible adequate and accurate registration and declaration of information in accordance with law provisions;

i) Forcible installation of roof signs specifying “TAXI” or forcible display of phrases “TAXI”, “CAR OPERATED UNDER CONTRACT” or “TOURIST CAR” in accordance with regulations;

k) Forcible issuance of “driver identification card” for drivers in accordance with law provisions;

l) Forcible organization of professional training or periodic health check for drivers and on-board staff in accordance with law provisions;

m) Forcible entering into contracts with drivers and on-board staff;

n) Forcible development and execution of procedures to ensure traffic safety in accordance with law provisions;

o) Forcible assignment of eligible personnel directly operating transport activities in accordance with law provisions;

p) Forcible installation of cameras, seat belts, taximeters, receipt printers and tracking devices on vehicles in accordance with law provisions;

q) Forcible provision, updating, transmission, storage and management of information from the tracking devices and cameras installed on vehicles in accordance with law provisions;

r) Forcible provision of username and password to log into software processing data from the tracking devices of automobiles or servers of units for competent authorities in accordance with law provisions;

s) Forcible adequate and accurate preparation, updating and storage of vehicles’ background, occupation background of drivers and relevant dossiers and documents during management and operation of transport in accordance with law provisions;

t) Forcible restoration of brands and paint color as prescribed in vehicle registration certificate in accordance with law provisions or forcible compliance with regulations on license plates and lettering on sides and doors of vehicles;

u) Forcible restoration to original shape, size or technical safety conditions of vehicles and re-registration before taking the vehicles to join traffic;

v) Forcible adjustment to trunks of vehicles in accordance with current regulations, re-registration and adjustment to loads permitted for transport as prescribed in certificates of technical and environmental safety according to current regulations before taking the vehicles to join traffic;

x) Forcible carrying out of procedures for vehicle registration, ownership transfer, revision or revocation of vehicle registration, license plates and certificates of technical and environmental safety in accordance with regulations;

y) Forcible relocation of vehicles to special commercial economic zones and international border gate economic zones.

3. Other remedial measures in the field of railway:

a) Forcible correct and adequate installation and maintenance of usual operation of warning and signaling systems and equipment in accordance with law provisions;

b) Forcible organization of brake tests or organization of protection measure testing in accordance with law provisions;

c) Forcible positioning of wagons carrying dangerous commodities (explosives, flammable substances) in accordance with law provisions or switch of railway to other routes according to regulations on shunting;

d) Forcible dismantlement from railway, railway bridges and tunnels;

dd) Forcible removal of dirt, rock, sand, obstacles, straw, agriculture products, wastes, toxic substances, flammable substances, explosives, materials and other objects from railways, railway work or vicinity of land area for rail transport;

e) Forcible relocation of ships, boats, other vessels or objects within the railway bridge protection area;

g) Forcible relocation of road transports, materials, machinery, equipment, commodities, warning signs and temporary signs away from railway clearance;

h) Forcible immediately adoption of measures to ensure railway work safety and rail transport safety in accordance with law provisions;

i) Forcible dismantlement of objects obstructing sight of signs, markers and signals of railway work or relocation of slabs made of concrete, wooden, metal or other material (illegally placed) out of railway work protection area, reduction cut with respect to trees exceeding maximum height or relocation of trees planted in contrary to regulations affecting safety of railway work and railway;

k) Forcible dismantlement of (illegally placed) vehicles, equipment, materials, goods, wastes, or other items out of railway work protection area or railway safety corridor;

l) Forcible dismantlement or relocation of structure, houses, tents or buildings obstructing construction, innovation, expansion and safety assurance of railway work or forcible dismantlement or relocation of tents, buildings, advertising panels, direction signs, instruction signs and other objects (illegally placed, placed or established) obstructing vision from land area for rail transport or forcible demolition of expired constructions, demolition of constructions that are revoked or have permits cancelled;

m) Forcible fortification, relocation or innovation of construction affecting rail transport safety at request of competent authorities;

n) Forcible repair, addition, replacement or fortification of damaged parts of railway infrastructure according to publicized maximum speed order and maximum load order.

o) Forcible provision of safety equipment, signals, signs and protection signals in accordance with law provisions;

p) Forcible positioning of vehicles, materials and construction machinery in accordance with law provisions without obstructing train operation;

q) Forcible adequate installation in accordance with law provisions, replacement with equipment satisfactory to technical safety standards or restoration of technical attributes of equipment such as: automatic and manual train stop; emergency brake and pressure gauges (at working station of conductors and on passenger cars); devices attaching locomotives and cars; end of train devices; speedometers, devices recording speed and information relating to train operation (black boxes); alert devices to keep train operators awake; speed measuring devices, devices enabling communication between conductors and operators (at working station of train captains);

r) Forcible restoration to original structure, shape and use functions of vehicles prior to allowing the vehicles to participate in rail transport;

s) Forcible adequate provision of following instruments on passenger trains and cargo trains such as escape equipment, fighting equipment and materials, first-aid kits, tools and materials for minor repairs, equipment for choking and signaling;

t) Forcible relocation of violators to positions in accordance with law provisions or removal of individuals and cargoes from locomotives;

u) Forcible allocation of other vehicles for transport of number of passengers exceeding maximum passenger capacity of wagons;

v) Forcible revocation and disposal of specialized license and certificates illegally issued;

x) Forcible transport of corpses, cremains, live animals, diseased animals, flammable substances, explosives, weapons, dangerous commodities from trains (at the nearest station in case of running trains), to stations for handling in accordance with law provisions;

y) Forcible timely implementation of special transport and social security tasks at request of heads of competent state agencies in accordance with law provisions.

4. The principles for taking remedial measures are prescribed in Clause 2 Article 28 of the Law on Handling of Administrative Violations.

 

Chapter II

ACTS OF VIOLATION, SANCTIONING FORMS, FINES, AND REMEDIAL MEASURES FOR ADMINISTRATIVE VIOLATIONS IN THE FIELD OF ROAD TRAFFIC

 

Section 1. VIOLATIONS AGAINST TRAFFIC RULES

 

Article 5. Fines imposed on operators of automobiles and automobile-like vehicles violating traffic rules

1. A fine ranging from VND 200,000 to VND 400,000 shall be imposed on a vehicle operator committing any of the following violations:

a) Failing to comply with road signs and road markings, except for the cases prescribed at Points a, d, g, h, i and k Clause 2; Points a, d, dd, e, k, l, o, r and s Clause 3; Points b, c, d, dd and i Clause 4; Points a, c, d, dd, e, g and i Clause 5; Points a and b Clause 6; Points a and c Clause 7; Point a Clause 8 of this Article;

b) Changing direction without yielding to the pedestrians and wheelchairs of the disabled that cross the street at crosswalks, or without yielding to rudimentary vehicles running in the rudimentary vehicle lane.

c) Changing direction without yielding to vehicles going in the opposite direction, the pedestrians and wheelchairs of the disabled that cross the street at other positions than crosswalks;

d) Stopping or parking without signaling;

dd) Occupying part of the roadway when parking on the street without placing a warning sign as prescribed, except for the cases prescribed at Point c Clause 6 of this Article and the cases of parking at permissible positions;

e) Failing to place signs in front of the pulling automobile and behind the pulled automobile; operating an automobile pulling a trailer without signs as prescribed;

g) Honking in urban and residential areas from 10 pm to 5 am, except for emergency vehicles on duty in accordance with law provisions;

2. A fine ranging from VND 400,000 to VND 600,000 shall be imposed on a vehicle operator committing any of the following violations:

a) Changing lanes where prohibited or without signaling, except for the cases prescribed at Point g Clause 5 of this Article;

b) Operating the vehicle at a lower speed than that of other vehicles in the same direction without moving to the right of the roadway, unless the other vehicles are running faster than the legal limit;

c) Carrying more people in the cockpit than the legal limit;

d) Failing to comply with regulations on yielding at intersections, except for the cases prescribed at Points m and n Clause 3 of this Article;

dd) Operating a vehicle involving in an accident without stopping the vehicle, protecting the crash scene, or giving first aid to the victims, except for the cases prescribed at Point b Clause 8 of this Article;

e) Operating an emergency vehicle without conformable warning devices or using warning devices without a license issued by a competent authority or without an unexpired one;

g) Stopping, parking on the roadway outside urban areas where the sidewalk is spacious enough; stopping or parking away from the right curb where the sidewalk is narrow or there is no sidewalk; stopping, parking against the traffic direction; stopping or parking on median barriers between carriageways; parking on a slope without choking the wheels; opening doors carelessly or leaving doors unsafely open;

h) Failing to stop the vehicle close to the sidewalk on the right side, or the right wheel is more than 0.25 m away from the side walk; stopping on the tramway or bus lane; stopping right above a manhole, cable duct opening, at a fire hydrant; getting out of the driving position or turning off the engine while stopping; stopping or parking at inappropriate positions where parking space is provided; stopping or parking at the crosswalk; stopping where a “No stopping and parking” sign is placed, except for the cases prescribed at Point i Clause 4 and Point b Clause 6 of this Article;

i) Making a u-turn in a residential area contrary to regulations;

k) Making a u-turn at pedestrian crossings, on bridges, bridge approaches, in tunnels, under overpass, except for cases in which places for u-turn are established in locations above.

3. A fine ranging from VND 800,000 to VND 1,000,000 shall be imposed on a vehicle operator committing any of the following violations:

a) Exceeding the speed limits from 5 km/h to under 10 km/h;

b) Honking, revving up the engine continuously; using air horns or high beam in an urban area or residential area, except for emergency vehicles on duty according to regulations;

c) Changing direction without slowing down or signaling (unless going along a curved segment where there is no intersection);

d) Failing to obey the regulations on stopping or parking at intersection with the railway; stopping or parking within the railway safety area, except for the cases prescribed at Point b Clause 2, Point b Clause 3 Article 49 of this Decree;

dd) Stopping or parking 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’s headquarter that has automobile way, on a road that is wide enough for only one lane; stopping or parking in a manner that block road signs; stopping or parking at median barriers;

e) Failing to stop the vehicle close to the sidewalk on the right side, or the distance from the right wheel to the sidewalk exceeds 0.25 m; stopping on the tramway or bus lane; stopping right above a manhole, cable duct opening, at a fire hydrant; parking on the sidewalk against the law; parking where a “No parking) sign” or “No stopping and parking” sign is placed, except for the cases prescribed at Point i Clause 4 and Point b Clause 6 of this Article;

g) Failing to turn on the lights or using insufficient lighting from 7 pm to 5 am or in a foggy or bad weather when visibility is short; using the full beam when facing oncoming vehicles;

h) Operating an automobile pulling another automobile or object (except for a trailer, semi-trailer, car, or special-use vehicle that cannot run itself); operating an automobile pushing another vehicle or object; operating an automobile pulling a trailer or semi-trailer coupled with another trailer or automobile or object; failing to safely connect the pulling and pulled automobiles;

i) Carrying passengers on the pulled automobile, except for the driver;

k) Making a u-turn at a level crossing; making a u-turn at narrow section of the road, on a slope, on a curve section of the road with limited sight or at location where the sign “No u-turn allowed” is placed;

l) Causing a collision with the vehicle ahead due to failing to keep a safe distance; failing to keep the safe distance in accordance with the “Safety distance” sign, except for the cases prescribed at Point g Clause 5 of this Article;

m) Failing to reduce speed and yield when joining the traffic from an alley or when moving from a small road to a major road;

n) Failing to yield to vehicles in the emergency lane or on the major road at an intersection;

o) Reversing the vehicle on a one-way road or a road where a “No entry” sign is placed, where stopping is prohibited, at a crosswalk, at an intersection with another road or railway, where view is blocked; reversing the vehicle without observation or without signals; except for the cases prescribed at Point a Clause 8 of this Article;

p) Failing to fasten seat belt while driving the vehicle;

q) Carrying passengers who fail to fasten the seat belts (if available) while the vehicle is running;

r) Failing to turn on low beam while operating the vehicle in a road tunnel;

s) Operating the vehicle at a lower speed than the lowest permissible speed.

4. A fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed on a vehicle operator committing any of the following violations:

a) Using a cell phone with hands while operating the vehicle on roads;

b) Entering prohibited areas, roads placed with signs prohibiting entry of operated vehicles, except for the cases prescribed at Point c Clause 5, Point a Clause 8 of this Article and emergency vehicles on duty according to regulations;

c) Failing to stop vehicle ineligible for non-stop electronic toll collection from entering lanes for non-stop electronic toll collection at toll roads;

d) Stopping or parking on the left of one-way street or on the left (along direction of motion) of dual carriageway; on curve section of the road or near top of slopes where vision is obstructed; on bridges, under overpass, parallel with another parking or stopping vehicle, except for the cases prescribed at Point b Clause 6 of this Article;

dd) Stopping, parking, making a u-turn against the rules, causing traffic congestion;

e) Using warning devices for emergency vehicles on a non-emergency vehicle;

g) Failing to take safety measures as prescribed when the vehicle breaks down at an intersection with a railway;

h) Failing to yield overtaking vehicles provided safety conditions are satisfied;

i) Backing up or making a u-turn in road tunnels; stopping, parking or overtaking in road tunnels where such activities are not permitted.

5. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed on a vehicle operator committing any of the following violations:

a) Failing to comply with the traffic lights;

b) Failing to obey the orders or instructions of the traffic conductor or traffic guard;

c) Entering a blocked road or restricted area; going against traffic direction of a one-way road or a road where a “No entry” sign is placed, except for the cases prescribed at Point a Clause 8 of this Article and emergency vehicles on duty;

d) Overtaking in cases where overtaking is not permitted, overtaking in roads placed with signs prohibiting operated vehicles from overtaking; failing to signal before overtake; overtaking on the right of other vehicles in case not allowed to, except cases in which roads with multiple lanes with same direction of motion separated by road markings where vehicles on lanes on the right are faster than vehicles on lanes on the left;

dd) Failing to keep the vehicle to the right; going in the wrong lane (along or against traffic direction) except for cases prescribed at Point c Clause 4 of this Article; crossing the median strip; going on a sidewalk unless for entering a house;

e) Avoiding oncoming traffic against regulations and law, except for violations of using high beam when avoiding oncoming traffic prescribed at Point g Clause 3 of this Article; failing to yield to oncoming traffic in accordance with law provisions in narrow or steep sections or in case of obstacles;

g) Failing to obey the rules when entering or leaving the freeway; going in the emergency lane or on the shoulder of the freeway; changing lanes on a freeway at inappropriate positions or without signals; failing to keep a safe following distance on the freeway;

h) Failing to yield to or obstructing emergency vehicles on duty that are sending out emergency signals;

i) Exceeding the speed limits from 10 km/h - 20 km/h.

6. A fine ranging from VND 6,000,000 to VND 8,000,000 shall be imposed on a vehicle operator committing any of the following violations:

a) Exceeding the speed limits from above 20 km/h to 35 km/h;

b) Stopping or parking on freeway in locations contrary to regulations and law; failing to provide signals to inform other drivers in case of compulsory stop or parking on freeway in locations against regulations; making a u-turn on freeway;

c) Operating a vehicle under the influence of alcohol but BAC does not exceed 50 mg/100 ml of blood or BrAC does not exceed 0.25 mg/a liter of breath;

7. A fine ranging from VND 10,000,000 to VND 12,000,000 shall be imposed on a vehicle operator committing any of the following violations:

a) Failing to observe, operating the vehicle exceeding speed limit thus causing accidents; stopping, parking, making a u-turn, backing, avoiding, overtaking, changing direction or changing lanes against regulations and law causing accidents; failing to operate in correct sections, lanes, failing to maintain safety distance between 2 vehicles in accordance with law provisions, causing accidents or entering roads placed with signs prohibiting entry of operated vehicles, going against traffic direction on one-way roads or on roads placed with “No entry” signs causing accidents, except for the cases prescribed at Point a Clause 8 of this Article;

b) Weaving, speeding, chasing on roads; steering a vehicle running on roads with the legs;

c) Exceeding the speed limits more than 35 km/h.

8. A fine ranging from VND 16,000,000 to VND 18,000,000 shall be imposed on a vehicle operator committing any of the following violations:

a) Going against the traffic direction on a freeway, backing up on a freeway, except for emergency vehicles on duty;

b) Failing to stop, protect the scene, inform the authority, or give first aid to the victim after causing an accident;

c) Operating the vehicle while BAC exceeds 50 - 80 mg/100 ml of blood, or BrAC exceeds 0.25 - 0.4 mg/a liter of breath;

9. A fine ranging from VND 18,000,000 to VND 20,000,000 shall be imposed on an operator committing any of the violations prescribed at Point b Clause 7 of this Article and causing a traffic accident or failing to stop on a law enforcement officer’s order.

10. A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed on a vehicle operator committing any of the following violations:

a) Operating the vehicle while BAC exceeds 80 mg/100 ml of blood, or BrAC exceeds 0.4 mg/a liter of breath;

b) Failing to comply with the law enforcement officer’s order for alcohol content testing;

c) Operating vehicles on roads under influence of narcotics;

d) Failing to comply with law enforcement officer’s order for drug testing.

11. In addition to the above fines, the violating operator shall also be subject to the following additional sanctions:

a) Confiscation of the warning device(s) installed illegally, for violations prescribed at Point e Clause 4 of this Article;

b) Suspension of driving license from 1 month to 3 months, for violations prescribed at Point dd Clause 2; Points h and i Clause 3; Clause 4; Points a, b, d, dd, g, h and i Clause 5 of this Article;

c) Suspension of driving license from 2 months to 4 months, for violations prescribed at Point c Clause 5; Points a and b Clause 6; Clause 7 of this Article. Suspension of driving license from 2 months to 4 months, for the act of committing violations prescribed at Points a, d, dd, e and g of Clause 1; Points b, d and g of Clause 2; Points b, g, h, m, n, r and s of Clause 3; Points a, c, e, g and h of Clause 4; Points a, b, e, g and h Clause 5 of this Article and causing accidents;

d) Suspension of driving license from 3 months to 5 months, for violations prescribed in Clause 9 of this Article or repetition of violations prescribed at Point b Clause 7 of this Article;

dd) Suspension of driving license from 5 months to 7 months, for violations prescribed at Points a and b Clause 8 of this Article;

e) Suspension of driving license from 10 months to 12 months, for violations prescribed at Point c Clause 6 of this Article;

g) Suspension of driving license from 16 months to 18 months, for violations prescribed at Point c Clause 8 of this Article;

h) Suspension of driving license from 22 months to 24 months, for violations prescribed in Clause 10 of this Article;

Article 6. Fines imposed on operators of mopeds and motorcycles (including electric mopeds) and the like violating road traffic rules

1. A fine ranging from VND 100,000 to VND 200,000 shall be imposed on a vehicle operator committing any of the following violations:

a) Failing to comply with road signs and road markings, except for the cases prescribed at Points c, dd, e and h Clause 2; Points d, g, i and m Clause 3; Points a, b, c, d and e Clause 4; Clause 5; Point b Clause 6; Points a and b Clause 7; Point d Clause 8 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) Changing direction without yielding to the pedestrians and wheelchairs of the disabled that cross the street at crosswalks or rudimentary vehicles running in the cycle lane;

dd) Changing direction without yielding to oncoming vehicles, the pedestrians and wheelchairs of the disabled that cross the street at other positions than crosswalks;

e) Reversing motor tricycles without observation or signaling;

g) Carrying a passenger who uses an umbrella;

h) Failing to comply with regulations on yielding at intersections, except for the cases prescribed at Points b and e Clause 2 of this Article;

i) Changing lanes where prohibited or without signaling;

k) Going three abreast or more;

l) Failing to turn on the lights from 7 pm to 5 am or in a foggy or bad weather when visibility is short;

m) Dodging oncoming vehicles improperly; using high beams while avoiding oncoming traffic; failing to yield to oncoming vehicles where the road is narrow, sloping, or obstructed;

n) Honking from 10 pm to 5 am, using the high beam in rural areas or residential areas, except for emergency vehicles on duty;

o) Operating an emergency vehicle without conformable warning devices or using warning devices without a license issued by a competent authority or without an unexpired one;

p) Making a u-turn in places where making a u-turn is prohibited, except for violations prescribed at Point d Clause 4 of this Article;

q) Operating the vehicle at a lower speed than the lowest permissible speed.

2. A fine ranging from VND 200,000 to VND 300,000 shall be imposed on a vehicle operator committing any of the following violations:

a) Stopping, parking on the roadway outside urban areas where sidewalks are available;

b) Failing to reduce speed and yield when joining the traffic from an alley or when moving from a small road to a major road;

c) Exceeding the speed limits from 5 km/h to under 10 km/h;

dd) Going slowly without keeping to the right of the roadway in a manner that obstructs the traffic;

dd) Stopping, parking on the roadway in a manner that obstructs the traffic; stopping in groups of 03 vehicles or more on the roadway or in a road tunnel; parking on the roadway or on the sidewalk in urban areas contrary to the law;

e) Failing to allow another vehicle to overtake when it is safe to do so; failing to yield to vehicles in the emergency lane or on the major road at the intersection;

g) Using warning devices for emergency vehicles on a non-emergency vehicle;

h) Stopping, parking on the tramway, at the bus stop, at an intersection, at a crosswalk; stopping where a “No stopping and parking” sign is placed, parking where a “No parking” sign or “No stopping and parking” sign is placed; breaking the rules on stopping and parking at intersection with the railway; stopping or parking within the railway safety area, except for the cases prescribed at Point b Clause 2, Point b Clause 3 Article 49 of this Decree;

i) The operator or the passenger on the vehicle fails to wear a motorcycle helmet or fails to wear it properly;

k) Carrying a passenger who does not wear a motorcycle helmet properly, unless that person is a patient who needs urgent medical care, a child under 06 years of age, or a criminal being escorted;

l) Carrying two people on a vehicle, unless a person being carried is a person who needs urgent medical care, a child under 14 years of age, or a criminal being escorted;

m) The vehicle is operated by the person from behind another person, unless such the latter is a child.

3. A fine ranging from VND 400,000 to VND 600,000 shall be imposed on a vehicle operator committing any of the following violations:

a) Turning without slowing down or signaling (unless going along a curved segment where there is no level crossing);

b) Carrying 03 people or more on the vehicle;

c) Honking, revving the engine in urban areas or residential areas continuously, except for the emergency vehicles on duty;

d) Stopping or parking on a bridge;

dd) Going in groups in a manner that obstructs the traffic, except for the cases permitted by competent authorities;

e) Operating a vehicle involving in an accident without stopping the vehicle, protecting the crash scene, or giving first aid to the victims, except for the cases prescribed at Point dd Clause 8 of this Article;

g) Failing to keep the vehicle to the right; going in the wrong lane; crossing the median strip; going on a sidewalk unless for entering a house;

h) Overtaking on the right side where prohibited;

i) Entering prohibited areas, roads placed with signs prohibiting entry of operated vehicles, except for the cases prescribed in Clause 5, Point b Clause 6 of this Article and emergency vehicles on missions;

k) The operator’s or passenger’s pulling or pushing another vehicle or item while sitting on the vehicle; leading an animal or carrying a bulky object while sitting on the vehicle; standing on the seat, the cargo bracket, or sitting on the handle; loading cargo to the vehicle beyond permissible limits; pulling another vehicle or object;

l) Exceeding the gross vehicle weight rating (GVWR) written on the Certificate of vehicle registration (if the GVWR is stated);

m) Failing to turn on low beam while operating the vehicle in a road tunnel.

4. A fine ranging from VND 600,000 to VND 1,000,000 shall be imposed on a vehicle operator committing any of the following violations:

a) Exceeding the speed limits from 10 km/h to 20 km/h;

b) Stopping or parking at inappropriate positions in a road tunnel;

c) Overtaking in cases where overtaking is prohibited, overtaking on roads placed with signs prohibiting operated vehicles from overtaking, except for the cases prescribed at Point h Clause 3 of this Article;

d) Overtaking in road tunnels in inappropriate places; making u-turn in road tunnels;

dd) Failing to yield to or obstructing emergency vehicles that are sending out emergency signals;

e) Failing to comply with the traffic lights;

g) Failing to obey the orders or instructions of the traffic conductor or traffic guard;

h) Using an umbrella, cell phone, or audio device other than hearing aid devices while operating the vehicle.

5. A fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed on vehicle operators entering blocked roads or restricted areas; going against traffic direction of one-way roads or roads where “No entry” signs are placed, except for the cases prescribed at Point b Clause 6 of this Article and emergency vehicles on duty in accordance with law provisions.

6. A fine ranging from VND 2,000,000 to VND 3,000,000 shall be imposed on a vehicle operator committing any of the following violations:

a) Letting the kickstand or other object touching against the road while running;

b) Entering a freeway, except for the vehicles serving the management and maintenance of the freeway;

c) Operating a vehicle under the influence of alcohol but BAC does not exceed 50 mg/100 ml of blood or BrAC does not exceed 0.25 mg/a liter of breath;

7. A fine ranging from VND 4,000,000 to VND 5,000,000 shall be imposed on a vehicle operator committing any of the following violations:

a) Exceeding the speed limits more than 20 km/h;

b) Failing to observe, operating the vehicle exceeding speed limit causing accidents; entering a freeway, stopping, parking, making a u-turn, backing, avoiding, overtaking, changing direction or changing lanes against regulations causing accidents; failing to operate in correct sections, lanes, failing to maintain safety distance between 2 vehicles in accordance with law provisions, causing accidents or entering roads placed with signs prohibiting entry of operated vehicles, going against traffic direction on one-way roads or on roads placed with “No entry” signs causing accidents, except for the cases prescribed at Point d Clause 8 of this Article;

c) Operating the vehicle while BAC exceeds 50 - 80 mg/100 ml of blood, or BrAC exceeds 0.25 - 0.4 mg/a liter of breath.

8. A fine ranging from VND 6,000,000 to VND 8,000,000 shall be imposed on a vehicle operator committing any of the following violations:

a) Release both hands while operating the vehicle; steering with the legs; sitting on one side to operate the vehicle; lying on the seat while operating the vehicle; swapping positions while operating the vehicle; turning the whole body to the back or wearing a blind fold while operating the vehicle;

b) Weaving on roads whether inside or outside an urban area;

c) Running on one wheel (or two wheels if the vehicle is a motor tricycle);

d) Exceeding the speed limits in a group of 02 vehicles or more;

dd) Failing to stop, protect the scene, inform the authority, or give first aid to the victim after causing an accident;

e) Operating the vehicle while BAC exceeds 80 mg/100 ml of blood or BrAC exceeds 0.4 mg/a liter of breath;

g) Failing to comply with the law enforcement officer’s order for alcohol content testing;

h) Operating vehicles on roads under influence of narcotics;

i) Failing to comply with traffic conductor’s or law enforcement officer’s order for drug testing.

9. A fine ranging from VND 10,000,000 to VND 14,000,000 shall be imposed on an operator committing any of the violations prescribed at Points a, b, c or d Clause 8 of this Article and causing a traffic accident or failing to stop on a law enforcement officer’s order.

10. In addition to the above fines, the violating operator shall also be subject to the following additional sanctions:

a) Confiscation of the warning device(s) installed illegally, for violations prescribed at Point g Clause 2 of this Article;

b) Suspension of driving license from 1 month to 3 months, for violations prescribed at Points b, e and i Clause 3; Points dd, e, g and h Clause 4; Clause 5 of this Article;

c) Suspension of driving license from 2 months to 4 months, for violations prescribed at Point a Clause 6; Points a and b Clause 7; Points a, b, c and d Clause 8 of this Article; suspension of driving license from 3 months to 5 months and confiscation of vehicle in case of repetition or multiple violations of offence(s) prescribed at Points a, b, c and d Claus 8 of this Article. Suspension of driving license from 2 months to 4 months, for the acts of committing violations prescribed at Points a, g, h, k, l, m and q of Clause 1; Points b, d, e, g, l and m of Clause 2; Points b, c, k and m of Clause 3; Points dd, e, g and h of Clause 4 of this Article and causing accidents;

d) Suspension of driving license from 3 months to 5 months, for violations prescribed at Point b Clause 6; Point dd Clause 8; Clause 9 of this Article;

dd) Suspension of driving license from 10 months to 12 months, for violations prescribed at Point c Clause 6 of this Article;

e) Suspension of driving license from 16 months to 18 months, for violations prescribed at Point c Clause 7 of this Article;

g) Suspension of driving license from 22 months to 24 months, for violations prescribed at Points e, g, h and i Clause 8 of this Article.

Article 7. Fines imposed on operators of tractors and special-use vehicles (hereinafter referred to as vehicles) violating traffic rules

1. A fine ranging from VND 100,000 to VND 200,000 shall be imposed on a vehicle operator committing any of the following violations:

a) Failing to comply with road signs and road markings, except for the cases prescribed at Points a, b, c, d, dd and e Clause 2; Points a, b, c, dd , h and i Clause 3; Points a, b, c, d, dd and g Clause 4; Points a, c and dd Clause 5; Points a and b Clause 6; Point a Clause 7; Points a and b Clause 8 of this Article;

b) Changing direction without yielding to the pedestrians and wheelchairs of the disabled that cross the street at crosswalks, or without yielding to rudimentary vehicles running in the cycle lane;

c) Changing direction without yielding to the oncoming vehicles, the pedestrians and wheelchairs of the disabled that cross the street at other positions than crosswalks.

2. A fine ranging from VND 200,000 to VND 400,000 shall be imposed on a vehicle operator committing any of the following violations:

a) Making a u-turn at pedestrian crossings, on bridges, bridge approaches, in tunnels, under overpass, except for cases in which places for u-turn are established in locations above;

b) Reversing the vehicle on a one-way road or a road where a “No entry” sign is placed, where stopping is prohibited, at a crosswalk, at an intersection with another road or railway, where view is blocked; reversing the vehicle without observation or without signals;

c) Parking on the sidewalk against the law;

d) Stopping, parking on the roadway outside urban areas where the sidewalk is spacious; stopping or parking away from the right curb where the sidewalk is narrow or unavailable; stopping or parking against traffic direction of the lane; stopping or parking on median strip between carriageway; stopping or parking at inappropriate positions where parking positions are provided; parking on a slope without chocking the wheels; stopping where a “No stopping and parking” sign is placed; parking where a “No parking” sign “or “No stopping and parking” sign is placed, except for the cases prescribed at Point a Clause 6 of this Article;

dd) Stopping or parking on the left side of a one-way road or left of a dual carriageway, 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 automobile way, on a road that is wide enough for only one lane; stopping or parking in a manner that block road signs; on median strip except for the cases prescribed at Point a Clause 6 of this Article;

e) Stopping or parking on the roadway against the law in urban area; stopping on the tramway or bus lane; stopping right above a manhole, cable duct opening, at a fire hydrant or crosswalk; get out of the driving position or turning off the engine while stopping; opening the door carelessly or leaving the door unsafely open;

g) Stopping or parking without signaling;

h) Occupying part of the roadway when parking on the street without placing a warning sign as prescribed, except for the cases prescribed at Point a Clause 6 of this Article and parking at permissible positions;

3. A fine ranging from VND 400,000 to VND 600,000 shall be imposed on a vehicle operator committing any of the following violations:

a) Exceeding the speed limits from 5 km/h to under 10 km/h;

b) Entering prohibited areas, roads placed with signs prohibiting entry of operated vehicles, except for the cases prescribed at Point c Clause 4; Point a Clause 8 of this Article and emergency vehicles on missions

c) Failing to keep the vehicle to the right; going in the wrong lane (along or against traffic direction); crossing the median strip, except for cases prescribed at Points c and d Clause 4; Point a Clause 8 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 vehicles in the emergency lane or on the major road at an intersection;

e) Failing to turn on the lights or using insufficient lighting from 7 pm to 5 am or in a foggy or bad weather when visibility is short; using the full beam when facing oncoming vehicles;

g) Operating a vehicle that involves in an accident without stopping the vehicle, protecting the crash scene, or giving first aid to the victims, except for the cases prescribed at Point c Clause 8 of this Article;

h) Dodging other vehicles improperly; failing to yield to oncoming vehicles where the road is narrow, sloping, or obstructed;

i) Operating the vehicle at a lower speed than the lowest permissible speed.

4. A fine ranging from VND 800,000 to VND 1,000,000 shall be imposed on a vehicle operator committing any of the following violations:

a) Exceeding the speed limits by 10 km/h - 20 km/h;

b) Failing to turn on low beam while operating the vehicle in a road tunnel.

c) Entering a blocked road or restricted area; going against traffic direction of a one-way road or a road where a “No entry” sign is placed, except for the cases prescribed at Point a Clause 8 of this Article and emergency vehicles on duty;

d) Failing to obey the rules when entering or leaving the freeway; going in the emergency lane or on the shoulder of the freeway; changing lanes on a freeway at inappropriate positions or without signals; failing to keep a safe following distance on the freeway;

dd) Failing to obey the regulations on stopping or parking at intersection with the railway; stopping or parking within the railway safety area, except for the cases prescribed at Point b Clause 2, Point b Clause 3 Article 49 of this Decree;

e) Failing to yield to or obstructing emergency vehicles on duty that are sending out emergency signals;

g) Making a u-turn at a level crossing; making a u-turn at narrow section of the road, on a slope, on a curve section of the road with limited sight or at location placed with the sign “No u-turn allowed”.

5. A fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed on a vehicle operator committing any of the following violations:

a) Backing or making a u-turn in road tunnels;

b) Failing to take safety measures when the vehicle breaks down at a level crossing;

c) Stopping or parking at inappropriate positions in a road tunnel;

d) Failing to obey the orders or instructions of the traffic conductor or traffic guard;

dd) Failing to comply with the traffic lights.

6. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed on a vehicle operator committing any of the following violations:

a) Stopping or parking on freeway in locations against regulations and law; failing to provide signals to inform other drivers in case of compulsory stop or parking on freeway in locations against regulations and law; making a u-turn on freeway;

b) Exceeding the speed limits more than 20 km/h;

c) Operating a vehicle under the influence of alcohol but BAC does not exceed 50 mg/100 ml of blood or BrAC does not exceed 0.25 mg/a liter of breath.

7. A fine ranging from VND 6,000,000 to VND 8,000,000 shall be imposed on a vehicle operator committing any of the following violations:

a) Failing to observe, operating the vehicle exceeding speed limit thus causing accidents; stopping, parking, making a u-turn, backing, avoiding, overtaking, changing direction or changing lanes against regulations and law causing accidents; failing to operate in correct sections, lanes, failing to maintain safety distance between 2 vehicles in accordance with law provisions thus causing accidents or entering roads placed with signs prohibiting entry of operated vehicles, going against traffic direction on one-way roads or on roads placed with “No entry” signs causing accidents, except for the cases prescribed at Points a and b Clause 8 of this Article;

b) Operating a vehicle while BAC exceeds 50 - 80 mg/100 ml of blood or BrAC exceeds 0.25 - 0.4 mg/a liter of breath;

8. A fine ranging from VND 10,000,000 to VND 12,000,000 shall be imposed on a vehicle operator committing any of the following violations:

a) Backing on a freeway; going against traffic direction on a freeway;

b) Operating a special-use vehicle with a designed maximum speed below 70 km/h or an agricultural tractor on a freeway, except for the vehicles and equipment serving the management and maintenance of the freeway;

c) Failing to stop, protect the scene, inform the authority, or give first aid to the victim after causing an accident.

9. A fine ranging from VND 16,000,000 to VND 18,000,000 shall be imposed on a vehicle operator committing any of the following violations:

a) Operating the vehicle while BAC exceeds 80 mg/100 ml of blood, or BrAC exceeds 0.4 mg/a liter of breath;

b) Failing to comply with the law enforcement officer’s order for alcohol content testing;

c) Operating vehicles on roads under influence of narcotics;

d) Failing to comply with traffic conductor’s or law enforcement officer’s order for drug testing.

10. In addition to the above fines, the violating operator shall also be subject to the following additional sanctions:

a) Suspension of driving license (when operating tractors) and certificates of training in knowledge about the road traffic law (when operating special-use vehicles) from 1 month to 3 months, for violations prescribed at Points b, c and g Clause 3; Points a, c, d and e Clause 4; Clause 5 of this Article;

b) Suspension of driving license (when operating tractors) and certificates of training in knowledge about the road traffic law (when operating special-use vehicles) from 2 months to 4 months, for violations prescribed at Points a and b Clause 6; Point a Clause 7 of this Article. Suspension of driving license (when operating tractors) and certificates of training in knowledge about the road traffic law (when operating special-use vehicles) from 2 months to 4 months, for the act of committing violations prescribed at Point a Clause 1; Points e, g and h Clause 2; Points d, dd, e and i Clause 3; Points b, d and e Clause 4; Points b, d and dd Clause 5 of this Article and causing accidents;

c) Suspension of driving license (when operating tractors) and certificates of training in knowledge about the road traffic law (when operating special-use vehicles) from 5 months to 7 months, for violations prescribed in Clause 8 of this Article;

d) Suspension of driving license (when operating tractors) and certificates of training in knowledge about the road traffic law (when operating special-use vehicles) from 10 months to 12 months, for violations prescribed at Point c Clause 6 of this Article;

dd) Suspension of driving license (when operating tractors) and certificates of training in knowledge about the road traffic law (when operating special-use vehicles) from 16 months to 18 months, for violations prescribed at Point b Clause 7 of this Article;

e) Suspension of driving license (when operating tractors) and certificates of training in knowledge about the road traffic law (when operating special-use vehicles) from 22 months to 24 months, for violations prescribed in Clause 9 of this Article.

Article 8. Fines imposed on operators of bicycles, motor bicycles (including electric bicycles), and other rudimentary vehicles violating traffic rules

1. A fine ranging from VND 80,000 to VND 100,000 shall be imposed on a vehicle operator committing any of the following violations:

a) Failing to keep the vehicle to the right; going in the wrong lane;

b) Stopping suddenly; turning without signaling;

c) Failing to comply with traffic signs and road markings, except for the cases prescribed at Point dd Clause 2, Point c Clause 3 of this Article;

d) Overtaking on the right side where prohibited;

dd) Stopping, parking on the roadway outside urban areas where sidewalks are available;

e) Going through a road tunnel without turning on the lights; making a u-turn in a road tunnel; stopping or parking at inappropriate positions in a road tunnel;

g) Going three abreast or more with bicycles, motor bicycles; going two abreast or more with other rudimentary vehicles;

h) Using an umbrella or cell phone while operating the bicycle or motor bicycle; using an umbrella while sitting on the bicycle or motor bicycle;

i) Operating a rudimentary vehicle at night without lights or reflectors;

k) Placing the vehicle on the roadway or sidewalk against the law; parking on the roadway in a manner that obstructs the traffic; parking on the tramway or on the bridge in a manner that obstructs the traffic;

l) Failing to obey the regulations on stopping or parking at level crossing except for the cases prescribed at Point b Clause 2, Point b Clause 3 Article 49 of this Decree;

m) Using trolleys as street kiosks in a manner that obstructs the traffic;

n) Failing to yield to vehicles in the emergency lane or on the major road at an intersection;

o) Carrying more people than the prescribed limit, unless the person being carried needs emergency care;

p) Loading cargo to the vehicle beyond the legal limit; stacking goods unsafely or in a manner that obstructs the traffic and block the operator’s view;

q) Operating a vehicle under the influence of alcohol but BAC does not exceed 50 mg/100 ml of blood or BrAC does not exceed 0.25 mg/a liter of breath.

2. A fine ranging from VND 100,000 to VND 200,000 shall be imposed on a vehicle operator committing any of the following violations:

a) Releasing both hands while operating a bicycle or motor bicycle; suddenly making a turn in front of a moving motor vehicle; steering a bicycle or motor bicycle with the legs;

b) Failing to comply with orders or instructions of the traffic conductor or traffic guard;

c) Pulling or pushing another vehicle or object or carrying bulky objects while operating or sitting on the vehicle; towing another vehicle or object.

d) Failing to allow other vehicles to overtake at their request when it is safe to do so; preventing motor vehicles from overtaking; obstructing emergency vehicles;

dd) Failing to comply with the traffic lights.

3. A fine ranging from VND 200,000 to VND 300,000 shall be imposed on a vehicle operator committing any of the following violations:

a) Weaving, speeding and chasing on roads;

b) Running on one wheel (or two wheels if the vehicle is a tricycle);

c) Entering restricted areas; roads placed with signs prohibiting entry of operated vehicles; going against traffic direction on one-way streets, roads placed with “No entry” signs;

d) The operator of motor bicycle (including electric bicycle) not wearing motorcycle helmets properly or wearing helmets improperly;

dd) Carrying a person on a motor bicycle (including electric bicycle) who does not wear the motorcycle helmet or does not wear the helmet properly, unless that person is a patient who needs urgent medical care, a child under 06 years of age, or a criminal being escorted;

e) Operating a vehicle while BAC exceeds 50 - 80 mg/100 ml of blood or BrAC exceeds 0.25 - 0.4 mg/a liter of breath;

4. A fine ranging from VND 400,000 to VND 600,000 shall be imposed on a vehicle operator committing any of the following violations:

a) Entering a freeway, except for the vehicles serving the management and maintenance of the freeway;

b) Failing to stop, protect the scene, inform the authority, or give first aid to the victim after causing an accident;

c) Operating the vehicle while BAC exceeds 80 mg/100 ml of blood or BrAC exceeds 0.4 mg/a liter of breath;

d) Failing to comply with the law enforcement officer’s order for alcohol content testing.

5. In addition to the above fines, the vehicle operator recommitting or committing many of the violations prescribed at Point a and Point b Clause 3 of this Article shall also have his/her vehicle confiscated.

Article 9. Fines imposed on pedestrians violating traffic rules

1. A fine ranging from VND 60,000 to VND 100,000 shall be imposed on a pedestrian committing any of the following violations:

a) Failing to stay on designated section of the road; crossing the median strip; crossing the street unsafely or at inappropriate positions;

b) Failing to comply with traffic light, traffic signs and road markings, except for the cases prescribed in Clause 2 of this Article;

c) Failing to obey the orders or instructions of the traffic conductor or traffic guard;

d) Carrying bulky objects in a manner that obstructs the traffic;

dd) Hanging from a moving vehicle.

2. A fine ranging from VND 100,000 to VND 200,000 shall be imposed on a pedestrian that walks on a freeway, except for the persons in charge of management and maintenance of the freeway.

Article 10. Fines imposed on people riding, leading animals, or operating of animal-powered vehicles violating traffic rules

1. A fine ranging from VND 60,000 to VND 100,000 shall be imposed for:

a) Failing to give way; failing to give hand signals when making a turn;

b) Failing to comply with traffic light, traffic signs and road markings, except for the cases prescribed in Clause 3 of this Article;

c) Failing to bring adequate equipment to contain waste matters of animals or failing to clean up waste matters of animals on the street;

d) Riding or leading animals on the wrong part of the street; taking them to a blocked road, restricted area, or roadway;

dd) Allowing an animal to walk on roads or cross the street by itself;

e) Going two abreast or more;

g) Leaving an animal drawing a vehicle without a rider;

h) Using a vehicle without signals.

2. A fine ranging from VND 100,000 to VND 200,000 shall be imposed for:

a) Failing to obey the orders or instructions of the traffic conductor or traffic guard;

b) Leading an animal while operating or sitting in/on a road vehicle;

c) Loading cargo to the vehicle beyond the legal limit.

3. A fine ranging from VND 400,000 to VND 600,000 shall be imposed on any person who rides or leads an animal on a freeway or operates an animal-powered vehicle on a freeway.

Article 11. Fines for other violations against traffic rules

1. A fine ranging from VND 80,000 to VND 100,000 shall be imposed on persons sitting on bicycles and motor bicycles using umbrellas.

2. A fine ranging from VND 100,000 to VND 200,000 shall be imposed on any person who:

a) Gathering, sitting, lying on roads in a manner that obstructs the traffic;

b) Playing sports illegally on roads; using roller skates, skateboards and the likes on the roadway;

c) Person sitting on motorcycles, mopeds (including electric mopeds), motorcycle-like vehicles and moped-like vehicles using umbrellas;

d) Persons sitting on bicycles and motor bicycles hanging onto, pulling or pushing other vehicles, other objects or carrying bulky objects.

3. A fine ranging from VND 200,000 to VND 300,000 shall be imposed on persons sitting on motorcycles, mopeds (including electric mopeds), motorcycle-like vehicles, moped-like vehicles, motor bicycles (including electric bicycles) who fail to wear motorcycle helmets or improperly wear motorcycle helmets while participating in traffic.

4. A fine ranging from VND 200,000 to VND 400,000 shall be imposed on an individual and a fine ranging from VND 400,000 to VND 800,000 shall be imposed on an organization that places objects blocking a road sign or traffic light.

5. A fine ranging from VND 300,000 to VND 500,000 shall be imposed on persons on motorcycles who fail to fasten the seat belts (if available) while the vehicle is running.

6. A fine ranging from VND 400,000 to VND 600,000 shall be imposed on persons on motorcycles, mopeds (including electric mopeds), motorcycle-like vehicles and moped-like vehicles hanging onto, pulling or pushing other vehicles, other objects, leading animals, carrying bulky objects, standing on the seat, cargo racks or sitting on the handles.

7. A fine ranging from VND 500,000 to VND 1,000,000 shall be imposed on an individual, a fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed on an organization committing any of the following violations:

a) Failing to assist a road accident victim on request;

b) Throwing stones, dirt, or other objects at a vehicle running on roads.

8. A fine ranging from VND 2,000,000 to VND 4,000,000 shall be imposed on individuals and a fine ranging from VND 4,000,000 to VND 8,000,000 shall be imposed on organizations deliberately altering or destroying accident scenes, except for the cases prescribed at Point dd Clause 2, Point d Clause 8 Article 5; Point e Clause 3, Point dd Clause 8 Article 6; Point g Clause 3, Point c Clause 8 Article 7; Point b Clause 4 Article 8 of this Decree.

9. A fine ranging from VND 4,000,000 to VND 6,000,000 shall be imposed on individuals and a fine ranging from VND 8,000,000 to VND 12,000,000 shall be imposed on organizations obstructing or failing to comply with request for inspection and control of law enforcers, except for the cases prescribed in Clause 9, Points b and d Clause 10 Article 5; Points g and i Clause 8, Clause 9 Article 6; Points b and d Clause 9 Article 7; Point d Clause 4 Article 8; Point b Clause 6 Article 33 of this Decree.

10. A fine ranging from VND 6,000,000 to VND 8,000,000 shall be imposed on any person:

a) Spreading nails or other pointed objects on roads, spilling oil or other slippery substances on roads; stretching strings or placing obstacles on roads that threaten people and vehicles in traffic;

b) Infringing upon the health or belongings of the victim or the culprit;

c) Taking advantage of the accident to attack, threaten, inciting, harassing other people, disturb the order, or obstruct the handling of the road collision.

11. In addition to the above fines, a vehicle operator committing any of the violations prescribed in Clause 10 of this Article shall also have his/her driving license suspended for 1 - 3 months.

12. In addition to the above fines, following remedial measures shall also be taken:

a) Individuals and organizations committing violations prescribed in Clause 4 of this Article must remove objects obstructing vision of traffic signs and traffic lights;

b) Individuals and organizations committing violations prescribed at Point a Clause 10 of this Article must collect pointy, sharp objects, string or other obstacles and restore to original conditions prior to the administrative violations.

 

Section 2. VIOLATIONS OF REGULATIONS ON ROAD INFRASTRUCTURE

 

Article 12. Fines for violations of regulations on the use of land area for road traffic

1. A fine ranging from VND 100,000 to VND 200,000 shall be imposed on an individual, a fine ranging from VND 200,000 to VND 400,000 shall be imposed on an organization committing any of the following violations:

a) Hawking on the roadway or on the sidewalk where street vendors are prohibited, except for the cases prescribed at Point c Clause 2, Point b Clause 5, Point e Clause 6 of this Article;

b) Airing out rice, straw, or other agricultural, forestry, aquaculture products on roads; placing a threshing machine on the roadway.

2. A fine ranging from VND 300,000 to VND 400,000 shall be imposed on an individual, a fine ranging from VND 600,000 to VND 800,000 shall be imposed on an organization committing any of the following violations:

a) Using the land within the road safety corridor for farming purposes threatening the safety of the road infrastructure and the traffic;

b) Planting trees within the land area for road traffic blocking the view of road users;

c) Illegally occupying the median strip to place building materials or display, sell goods, except for the cases prescribed at Point b Clause 5; Point d, Point e Clause 6 of this Article;

d) Trading goods within the land area for road traffic outside urban areas, except for the cases prescribed at Point d Clause 5; Point d, Point i Clause 6 of this Article;

dd) Releasing water on roads where not allowed to, except for the cases prescribed at Point h Clause 6 of this Article.

3. A fine ranging from VND 500,000 to VND 1,000,000 shall be imposed on an individual, a fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed on an organization committing any of the following violations:

a) Holding artistic activities, sports competitions, parades, or festivals on the street against the law;

b) Raising an ornamental gate or other obstacles within the land area for road traffic affecting road traffic safety and order;

c) Illegally raising a banner within the land area for road traffic affecting road traffic safety and order;

d) Placing, hanging an advertising board within the land area for road traffic outside urban areas, except for the cases prescribed at Point b Clause 8 of this Article;

dd) Occupying the median strip to provide parking services;

e) Illegally using land area for road traffic outside urban areas to repair vehicles, machinery and equipment, wash vehicles, or pump water affecting road traffic safety and order.

4. A fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed on an individual and a fine ranging from VND 2,000,000 to 4,000,000 shall be imposed on an organization for dumping garbage on roads where not allowed to, except for the cases prescribed at Point a Clause 6 of this Article; Clauses 3 and 4 Article 20 of this Decree.

5. A fine ranging from VND 2,000,000 to VND 3,000,000 shall be imposed on an individual, a fine ranging from VND 4,000,000 to VND 6,000,000 shall be imposed on an organization committing any of the following violations:

a) Erecting a booth, tent, gate, fences, walls, or other types of temporary works within the land area for road traffic, except for the cases prescribed at Point dd Clause 6, Point b Clause 8 and Point a Clause 9 of this Article;

b) Holding market; selling food and drink; displaying and selling goods placing signboards; repairing vehicles, machinery and equipment; washing vehicles; placing a signboard or advertising board; building or placing a platform; raising a roof or doing other activities on the roadway or sidewalk, obstructing the traffic, except for the cases prescribed at Point d, Point dd, Point e, Point g Clause 6; Clause 7; Point a Clause 8 of this Article;

c) Illegally occupying less than 5 m2 of the roadway or sidewalk within an urban area to provide parking services;

d) Illegally occupying less than 20 m2 of the roadway or sidewalk outside urban areas to provide parking services.

6. A fine ranging from VND 4,000,000 to VND 6,000,000 shall be imposed on an individual, a fine ranging from VND 8,000,000 to VND 12,000,000 shall be imposed on an organization committing any of the following violations:

a) Dumping, placing materials or wastes within the land area for road traffic, except for the cases prescribed in Clause 3, Clause 4 of Article 20 of this Decree;

b) Digging, leveling land within the road safety corridor, land area along the sides of the road dedicated to management, maintenance or protection or road infrastructure without permission;

c) Adding irrelevant information to road signs without permission;

d) Illegally using land for road traffic or road safety corridor to store goods, building materials, machinery, equipment, or other objects;

dd) Erecting a booth, tent, or other kinds of temporary works in the road tunnel, overpass, pedestrian overpass or underpass, or under the overpass, except for the cases prescribed at Point a Clause 9 of this Article;

e) Displaying, selling machinery, equipment, building materials or manufacturing or processing goods on the roadway or sidewalk in an urban area;

g) Illegally occupying from 5 m2 to under 10 m2 of the roadway or sidewalk to provide parking services;

h) Discharging sewage from a construction site to the street;

i) Illegally occupying 20 m2 of the roadway or sidewalk or more outside urban areas to provide parking services.

7. A fine ranging from VND 6,000,000 to VND 8,000,000 VND shall be imposed on an individual, a fine ranging from VND 12,000,000 to VND 16,000,000 shall be imposed on an organization illegally occupying from 10 m2 to under 20 m2 of the roadway or sidewalk within an urban area to provide parking services.

8. A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed on an individual, a fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed on an organization committing any of the following violations:

a) Illegally occupying 20 m2 of the roadway or sidewalk or more in an urban area to provide parking services;

b) Erecting an advertising board within the road safety corridor without written approval by competent authorities; Erecting an advertising board on a side of the road which is dedicated to management, maintenance, or protection of road infrastructure.

9. A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed on an individual, a fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed on an organization committing any of the following violations:

a) Appropriating land of road or land along road safety corridor for housing construction;

b) Illegally opening a minor road that connects to a major road.

10. In addition to the above fines, following remedial measures may also be taken:

a) Retrieval of rice, straw, agro-forestry-fishery products and equipment on roads, for violations prescribed at Point b Clause 1 of this Article;

b) Removal of trees planted in inappropriate locations and restoration to original conditions prior to the administrative violations, for violations prescribed at Points a and b Clause 2 of this Article;

c) Collection of pointy, sharp objects, string or other obstacles and restoration to original conditions prior to the administrative violations, for violations prescribed at Points c and d Clause 2 of this Article;

d) Cleaning of garbage, waste matters, vehicles, materials, goods, machinery, equipment, signboards, advertising panels and other objects and restoration to original conditions prior to the administrative violations, for violations prescribed in Clause 3; Clause 4; Points b, c and d Clause 5; Points a, b, c, d, e, g, h and i Clause 6; Clause 7; Point a Clause 8 of this Article;

dd) Deconstruction of constructions illegally built (without permit or different from permits) and restoration to original conditions prior to the administrative violations, for violations prescribed at Point a Clause 5, Point dd Clause 6, Point b Clause 8, Clause 9 of this Article.

Article 13. Fines for violations of regulations on construction and maintenance of works within the land area for road traffic

1. Warnings or a fine ranging from VND 250,000 to VND 500,000 shall be imposed on an individual and a fine ranging from VND 500,000 to VND 1,000,000 shall be imposed on an organization which constructs on road works in operation without erecting construction notice boards or erecting inadequate construction notice boards in accordance with law provisions.

2. A fine ranging from VND 1,000,000 to VND 3,000,000 shall be imposed on an individual, a fine ranging from VND 2,000,000 to VND 6,000,000 shall be imposed on an organization committing any of the following violations:

a) Executing construction within the land area for road traffic against a license for construction or agreement of a competent authority, except for the cases prescribed in Clause 3, Point a Clause 4, Clause 5 of this Article;

b) 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;

c) Placing building materials or equipment outside the construction site in a manner that obstructs the traffic;

d) Failing to remove the signs, fences, building equipment, materials, or failing to restore the original condition of the road (roadway, sidewalk, and the land area at the sides of the road dedicated to management, maintenance, and protection or work constructions) after the construction is completed.

3. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed on an individual, a fine ranging from VND 6,000,000 to VND 10,000,000 shall be imposed on an organization committing any of the following violations:

a) Executing construction within the land area for road traffic under an expired license for construction or under an agreement with a competent authority in which the time limit for construction has expired;

b) Executing construction on a road in operation without taking any measure for ensuring continuous traffic and thus causing serious traffic congestion.

4. A fine ranging from VND 5,000,000 to VND 7,000,000 shall be imposed on an individual, a fine ranging from VND 10,000,000 to VND 14,000,000 shall be imposed on an organization committing any of the following violations:

a) 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;

b) Executing construction within the land area for road traffic without a license for construction or agreement with a competent authority, except for the cases prescribed at Point a Clause 3 of this Article.

5. A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed on an individual, a fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed on an organization committing any of the following violations:

a) Executing construction on an urban road against the construction plan or behind schedule;

b) Executing construction on an operating road without taking adequate measures to ensure traffic safety as prescribed and thus causing a traffic accident;

c) Executing construction on an operating road without placing any warning signs, markings and fences, except for the cases prescribed at Point a Clause 4 of this Article.

6. In addition to the above fines, the organization or individual committing any of the violations prescribed at Point a Clause 2, Point b Clause 3, Point c Clause 5 of this Article shall also be suspended from construction or has its construction license (if any) suspended from 1 month to 3 months.

7. In addition to the above fines, following remedial measures shall also be taken:

a) Removal of construction notice boards displaying adequate information in accordance with law provisions, for violations prescribed in Clause 1 of this Article;

b) Immediate adoption of measures to ensure traffic safety in accordance with law provisions, for violations prescribed at Points a and b Clause 2; Clause 3; Point a Clause 4; Clause 5 of this Article;

c) Immediate adoption of measures to ensure traffic safety in accordance with law provisions and restoration to original conditions prior to the administrative violations, for violations prescribed at Points c and d Clause 2; Point b Clause 4 of this Article.

Article 14. Fines for violations of regulations on bus stations, parking lots, rest stops, and tollbooths

1. A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed on an individual, a fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed on an organization committing any of the following violations:

a) Constructing or establishing bus stations, parking lots, rest stops and tollbooths without acceptance of regulatory agencies regarding transport in accordance with law provisions;

b) Constructing bus station, parking lots, rest stops and tollbooths without satisfying technical standards in accordance with law provisions.

2. In addition to the above fines, following remedial measures shall also be taken:

a) Removal of illegal construction and restoration to the original condition prior to the administrative violations, for violations prescribed at Point a Clause 1 of this Article;

b) Reconstruction of bus stations, parking lots, rest stops and tollbooths in accordance with law provisions and satisfactory to technical standards, for violations prescribed at Point b Clause 1 of this Article.

Article 15. Fines for violations of regulations on management, operation, maintenance, and protection of road infrastructure

1. A fine ranging from VND 60,000 to VND 100,000 shall be imposed on an individual committing any of the following violations:

a) Herding animals at the road slopes; tying animals to the trees along the road, to a milestone, road sign, fence, or any ancillary work of the road;

b) Climbing the abutment, pier, or girder of the bridge without permission.

2. A fine ranging from VND 200,000 to VND 300,000 shall be imposed on an individual, a fine ranging from VND 400,000 to VND 600,000 shall be imposed on an organization committing any of the following violations:

a) Setting fire on a bridge or under a bridge without permission; anchoring the boat or ship under a bridge or within the safety corridor of a bridge;

b) Illegally embanking and pumping water onto the roadway; placing pipes across the road to pump water or sand, setting fire of roads without permission.

3. A fine ranging from VND 6,000,000 to VND 8,000,000 shall be imposed on the organization responsible for management, operation, maintenance of road infrastructure committing any of the following violations:

a) Failing to replace or repair the danger signs that are lost or damaged in accordance with law provisions; failing to repair damaged road infrastructure threatening road traffic safety;

b) Failing to discover and report illegal occupation of the road safety corridor, land area along the sides of the road serving management, maintenance or protection or road infrastructure;

c) Failing to place staff gauges and take measures to prevent vehicles from entering the flooded segments where road surface is more than 0,2 m under the water surface;

d) Failing to establish procedures for road management, operation, maintenance or failing to comply with approved procedures for road management, operation, maintenance.

4. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed on an individual, a fine ranging from VND 6,000,000 to VND 10,000,000 shall be imposed on an organization committing any of the following violations:

a) Delaying moving the illegal construction, house, or booth, whether deliberately or unintentionally, that obstructs land clearance serving the construction, expansion, improvement, and protection of road infrastructure under a decision of a competent authority;

b) Damaging or disabling the drainage system of road infrastructure, except for the cases prescribed in Clause 5 of this Article;

c) Removing, moving, placing, damaging, or falsifying road signs, traffic lights, fences, milestones, road markings, protective walls, protective barriers, structures, or other parts of infrastructure without permission;

d) Dismantling, removing curbs without permission; illegally repairing or renovating the sidewalk; except for the cases prescribed at Point a, Point c Clause 5 of this Article.

5. A fine ranging from VND 5,000,000 to VND 7,000,000 shall be imposed on an individual, a fine ranging from VND 10,000,000 to VND 14,000,000 shall be imposed on an organization committing any of the following violations:

a) Illegally drilling, digging, cutting the road or the sidewalk;

b) Removing the median strip, convex mirrors, and safety works and equipment of roads, parts and components of road structures without permission, except for the cases prescribed at Point c Clause 4 of this Article;

c) Opening and damaging manhole covers of underground works and tunnel systems of roads without permission;

d) Illegally setting of a blast, extracting earth, sand, stone, gravel, or other minerals that affect the road infrastructure;

dd) Spreading, spilling chemicals damaging road infrastructure.

6. A ranging from VND 8,000,000 to VND 10,000,000 shall be imposed on an organization managing and operating tollbooths committing any of the following violations:

a) Failing to comply with management and operation procedures in accordance with law provisions thus leading to more than 100 to 150 vehicles queuing in a single toll lane, or the total queue length (from the toll booth to the last vehicle in the queue) is 750 to 1,000 m;

b) Failing to comply with management and operation procedures in accordance with law provisions thus extending period of time required for a vehicle to pass the tollbooths determined from the moment the vehicle starts to queue until it exits the tollbooths to from exceeding 10 minutes to 20 minutes.

7. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed on an organization managing and operating tollbooths committing any of the following violations:

a) Failing to comply with management and operation procedures in accordance with law provisions thus leading to more than 150 to 200 vehicles queuing in a single toll lane, or the total queue length (from the toll booth to the last vehicle in the queue) is from exceeding 1,000 to 2,000 m;

b) Failing to comply with management and operation procedures in accordance with law provisions thus extending period of time required for a vehicle to pass the tollbooths determined from the moment the vehicle starts to queue until it exits the tollbooths to from exceeding 20 minutes to 30 minutes.

8. A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed on an organization managing and operating tollbooths committing any of the following violations:

a) Failing to comply with management and operation procedures in accordance with law provisions thus leading to more than 200 vehicles queuing in a single toll lane, or the total queue length (from the toll booth to the last vehicle in the queue) is more than 2,000 m;

b) Failing to comply with management and operation procedures in accordance with law provisions thus extending period of time required for a vehicle to pass the tollbooths determined from the moment the vehicle starts to queue until it exits the tollbooths to more than 30 minutes.

9. A fine ranging from VND 50,000,000 to VND 70,000,000 shall be imposed on an organization managing and operating tollbooths committing any of the following violations:

a) Committing violations prescribed in Clauses 6, 7 and 8 of this Article without complying with orders of regulatory agencies regarding adopting measures to rectify traffic congestion at tollbooths;

b) Failing to connect and share data of tollbooths to regulatory agencies in accordance with law provisions.

10. In addition to the above fines, following remedial measures shall also be taken:

a) Replacement or repair of lost or damaged road signs and repair of damaged road infrastructure, for violations prescribed at Point a Clause 3 of this Article;

b) Restoration to original conditions prior to the administrative violations, for violations prescribed at Point b Clause 2; Points b, c and d Clause 4; Clause 5 of this Article.

 

Section 3. VIOLATIONS OF REGULATIONS APPLICABLE TO VEHICLES RUNNING ON ROAD

 

Article 16. Fines imposed on operators of automobiles and automobile-like vehicles (including pulled trailers or pulled semi-trailers) violating regulations on roadworthiness of vehicles

1. A fine ranging from VND 100,000 to VND 200,000 shall be imposed for operating an automobile without a windshield or without an intact and functional one (for vehicles having a windshield).

2. A fine ranging from VND 300,000 to VND 400,000 shall be imposed for:

a) Operating an automobile without adequate and functional headlamps, plate lamp, brake lamps, turn signals, windshield wipers, mirrors, safety belts, emergency equipment, fire safety equipment, pressure meter, and speedometer (for vehicles required to have them), except for the cases prescribed at Point m Clause 3 Article 23, Point q Clause 4 Article 28 of this Decree;

b) Operating a vehicle without a horn or without a functional one;

c) Operating a vehicle without a sound or smoke suppression device or a functional one or without one that meets environmental requirements in terms of exhaust and noise.

3. A fine ranging from VND 800,000 to VND 1,000,000 shall be imposed for:

a) Controlling vehicles with additional lights at the front, the back, on top, underneath, on either or both sides of the vehicles;

b) Operating a vehicle with a steering system failing to meet technical standards;

c) Operating a vehicle without an adequate quantity of license plates, or the license plates are installed at wrong positions; or the letters and numbers on which are not clear; or with a license plate that is bent, blocked, or damaged; painting and altering additional letters and numbers or changing color of letters, numbers and background of the license plates (including trailers and semi-trailers);

d) Operating a vehicle without sufficient wheels or tires; or the sizes of the wheels or tires do not fit or not comply with technical standards (including trailers and semi-trailers);

dd) Operating trucks with trunks different from designs of manufacturers or designs registered with vehicle registration bodies or revised designs approved by competent authorities (including trailers and semi-trailers);

e) Operating vehicles for passenger transport with more or less seats and beds or dimension of cargo bays different from designs of manufacturers or designs registered with vehicle registration bodies or revised designs approved by competent authorities.

4. A fine ranging from VND 2,000,000 to VND 3,000,000 shall be imposed for:

a) Operating a vehicle without a corresponding certificate of vehicle registration or trailer/semi-trailer registration or using an expired certificate of vehicle registration (including trailers and semi-trailers);

b) Operating a vehicle without a license plate (if license plate is required for respective vehicle);

c) Operating a vehicle with certificate of technical and environmental safety or stamp of technical and environmental safety (if required) that has expired for less than 01 month (including those for trailers and semi-trailer);

d) Installing or using a horn the loudness of which is beyond legal limit on the vehicle;

dd) Operating a vehicle without a decent or functional and conformable brake system.

5. A fine ranging from VND 4,000,000 to VND 6,000,000 shall be imposed for:

a) Operating a temporarily registered vehicle beyond its temporary operational period; operating a restricted vehicle beyond its permissible operating area;

b) Operating a vehicle beyond its maximum service life (if limited);

c) Operating an illegally manufactured or assembled vehicle on road (including modified farm vehicles banned from traffic);

d) Operating a vehicle whose license plate is not consistent with the certificate of registration, or operating a vehicle whose a license plate is not issued by a competent authority (including trailers and semi-trailers);

dd) Using a Certificate of technical and environmental safety 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);

e) Operating a vehicle without a certificate of technical and environmental safety or stamp of technical and environmental safety (if required, except for temporarily registered vehicles) or with one that has expired for 01 month or more (including those for trailers and semi-trailer);

6. In addition to the above fines, the violating operator shall also be subject to the following additional sanctions:

a) Suspension of driving license from 1 month to 3 months, for violations prescribed at Points a and b Clause 3; Clause 4; Points a and e Clause 5 of this Article;

b) Confiscation of additional lights and horns exceeding loudness limit, for violations prescribed at Point a Clause 3, Point d Clause 4 of this Article;

c) Confiscation of the Certificate of technical and environmental safety or stamp of technical and environmental safety, the Certificate of vehicle registration, or the license plate that is not issued by a competent authority; suspension of the driving license from 1 month to 3 months, for violations prescribed at Point d or Point dd Clause 5 of this Article;

d) Confiscation of vehicles (except for cases in which automobiles with 10 seats or more providing passenger transport services whose service life exceeds regulations on business conditions of registered business form less than 20 years from the year of manufacture and automobiles with less than 10 seats providing passenger transport services) and suspension of driving license from 1 month to 3 months, for violations prescribed at Points b and c Clause 5 of this Article;

dd) Confiscation of vehicle, for violations prescribed at Point a Clause 4, Point dd Clause 5 of this Article in case of no certificates of vehicle registration or using certificates of vehicle registration issued by other than competent authorities, not matching chassis number or engine number of the vehicle or erased (including trailers and semi-trailers) without documents proving vehicle origin (no documents, certificates on transfer of vehicle ownership or documents, certificates on legal vehicle origin).

7. In addition to the above fines, the violator shall be forced to:

a) Installation of equipment or replacement with equipment satisfactory to technical safety standards or restoration of technical attributes of equipment in accordance with law provisions, for violations prescribed in Clause 1; Clause 2; Points b, c, d and dd Clause 3; Points d and dd Clause 4 of this Article;

b) Adequate installation of equipment or restoration of technical attributes of equipment in accordance with law provisions or removal of additional equipment against the law, for violations prescribed at Points a and e Clause 3 of this Article.

Article 17. Fines imposed on operators of mopeds and motorcycles (including electric mopeds) and the like violating regulations on roadworthiness of vehicles running on roads

1. A fine ranging from VND 100,000 to VND 200,000 shall be imposed for:

a) Operating the vehicle without a horn, plate lamp, brake lamp, or a mirror on the left, or without a functional one;

b) Operating a vehicle with an inappropriate license plate; the letters and numbers on the license plate are not clear; a license plate that is bent, blocked, or damaged; painting and altering additional letters and numbers or changing color of letters, numbers and background of the license plates (including trailers and semi-trailers);

c) Operating a vehicle without turn signals or without functional ones;

d) Using an inappropriate horn for the type of vehicle;

dd) Operating a vehicle without a sound or smoke suppression system or without one that meets environmental requirements with regard to exhaust and noise;

e) Operating a vehicle without a lamp with low beam and a high beam, or without a functional and conformable one;

g) Operating a vehicle without a brake system or without a functional and conformable one;

h) Operating a vehicle with an additional headlamp towards the back.

2. A fine ranging from VND 300,000 to VND 400,000 shall be imposed for:

a) Operating a vehicle without a corresponding certificate of vehicle registration or trailer/semi-trailer registration or using an expired certificate of vehicle registration;

b) Using a Certificate of vehicle registration that is falsified, or not consistent with the chassis number or engine number, or not issued by a competent authority;

c) Operating a vehicle without a license plate (if required); or the license plate of which is not consistent with the Certificate of vehicle registration or not issued by a competent authority;

3. A fine ranging from VND 800,000 to VND 1,000,000 shall be imposed for:

a) Operating a temporarily registered vehicle beyond its temporary operational period or operating area;

b) Operating an illegally manufactured or assembled vehicle on roads.

4. In addition to the above fines, the violating operator shall also be subject to the following additional sanctions:

a) Confiscation of horns, for the violations prescribed at Point d Clause 1 of this Article;

b) Confiscation of certificates of vehicle registration and license plates unsatisfactory to regulations and law or erased, for violations prescribed at Points b and c Clause 2 of this Article;

c) Suspension of driving license from 01 month to 03 months, for violations prescribed at Point a Clause 3 of this Article;

d) Confiscation of vehicle and suspension of driving license from 01 month to 03 months, for violations prescribed at Point b Clause 3 of this Article;

dd) Confiscation of vehicle, for violations prescribed at Points a and b Clause 2 of this Article in case of no certificates of vehicle registration or using certificates of vehicle registration issued by other than competent authorities, not matching chassis number or engine number of the vehicle or erased without documents proving vehicle origin (no documents, certificates on transfer of vehicle ownership or documents, certificates on legal vehicle origin).

Article 18. Fines imposed on operators of rudimentary vehicles violating regulations on roadworthiness of vehicles running on roads

1. A warning or a fine ranging from VND 100,000 to VND 200,000 shall be imposed for operating a vehicle without registration or without a license plate (if required).

2. A fine ranging from VND 200,000 to VND 300,000 shall be imposed for:

a) Operating a vehicle without a brake system or without a functional one;

b) Carrying passengers or cargo on a rudimentary vehicle failing to meet local convenience and hygiene standards.

Article 19. Fines imposed on operators of tractors (including pulled trailers) and special-use vehicles violating regulations on roadworthiness of vehicles running on roads

1. A fine ranging from VND 300,000 to VND 400,000 shall be imposed for:

a) Operating a vehicle with a license plate installed in inappropriate position; the letters and numbers on the license plate are not clear; a license plate that is bent, blocked, or damaged; painting and altering additional letters and numbers or changing color of letters, numbers and background of the license plates (including trailers and semi-trailers);

b) Operating a vehicle without a brake system or without one that meets technical standards; operating a vehicle with a steering system failing to meet technical standards;

c) Operating the vehicle whose specialized equipment is not installed in place or not safe while the vehicle is moving;

d) Operating a vehicle without sufficient lights, without a sound or smoke suppression device or without one that is functional or meets environmental requirements in terms of exhaust and noise;

dd) Operating a vehicle with a certificate of technical and environmental safety or stamp of technical and environmental safety that has expired for less than 01 month (including trailers).

2. A fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed for:

a) Operating a vehicle beyond the permissible area;

b) Operating an illegally manufactured, assembled, or modified tractor or special-use vehicle on roads;

c) Operating a vehicle without a certificate of technical and environmental safety or stamp of technical and environmental safety (if required, except for temporarily registered vehicles) or with one that has expired for 01 month or more (including trailers);

d) Operating a vehicle without a corresponding certificate of vehicle registration or using an expired certificate of vehicle registration (including trailers);

dd) Operating a vehicle without a license plate (if required); or the license plate of which is not consistent with the Certificate of vehicle registration or not issued by a competent authority (including trailers);

e) Using a Certificate of technical and environmental safety 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);

3. In addition to the above fines, the vehicle operator committing the violations shall also subject to the following additional sanctions:

a) Confiscation of vehicles, for violations prescribed at Point b Clause 2 of this Article;

b) Suspension of driving license (when operating tractors) and certificates of training in knowledge about the road traffic law (when operating special-use vehicles) from 1 month to 3 months, for violations prescribed at Point dd Clause 1; Points b, c, d, dd and e Clause 2 of this Article;

c) Confiscation of the Certificate of technical and environmental safety or stamp of technical and environmental safety, the Certificate of vehicle registration, for violations prescribed at Points d, dd and e Clause 2 of this Article;

d) Confiscation of vehicle, for violations prescribed at Points d and e Clause 2 of this Article in case of no certificates of vehicle registration or using certificates of vehicle registration issued by other than competent authorities, not matching chassis number or engine number of the vehicle or erased (including trailers) without documents proving vehicle origin (no documents, certificates on transfer of vehicle ownership or documents, certificates on legal vehicle origin).

4. In addition to the above fines, the vehicle operator committing any of the violations prescribed at Points b, c and d Clause 1 of this Article shall be forced to install sufficient equipment or restore the technical functions of the equipment, or replace it with those that meet technical standards.

Article 20. Fines imposed on operators of cars, tractors and automobile-like vehicles violating regulations on environmental protection

1. A warning or a fine ranging from VND 100,000 to VND 200,000 shall be imposed for operating a vehicle failing to meet hygienic requirements in urban areas.

2. A fine ranging from VND 2,000,000 to VND 4,000,000 shall be imposed for the acts of:

a) Spilling oil or chemicals on roads;

b) Carrying break bulk cargo, wastes or building materials that are likely to be spilled without a cover or an effective cover; spilling water from goods or waste being carried threatening traffic safety and environmental hygiene;

c) Dragging mud, dirt, sand, materials or other wastes on roads threatening traffic safety and environmental hygiene.

3. A fine ranging from VND 4,000,000 to VND 6,000,000 shall be imposed on a vehicle operator who illegally dumps garbage, earth, sand, stones, materials and wastes within the land area for road traffic outside urban areas.

4. A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed on a vehicle operator who illegally dumps garbage, earth, sand, stones, materials, wastes on roads.

5. In addition to the above fines, a vehicle operator committing any of the violations prescribed in Clauses 3 and 4 of this Article shall also have his/her driving license suspended from 1 month to 3 months.

6. In addition to the above fines, the vehicle operator committing any of the violations prescribed in Clauses 2, 3 and 4 of this Article shall be forced to clean up the materials, garbage, waste, and recover the original condition that has been changed by the violation. Remedial measures shall be taken if pollution is caused.

 

Section 4. VIOLATIONS OF REGULATIONS ON ROAD VEHICLE OPERATORS

 

Article 21. Fines for violations of regulations on qualification for operating motor vehicles

1. A person aged from 14 to under 16 years operating a moped or motorcycle (including electric mopeds), car, tractor or automobile-like vehicle shall receive a warning.

2. A fine ranging from VND 100,000 to VND 200,000 shall be imposed on:

a) Any person operating a motorcycle or moped and the like without carrying an unexpired Certificate of civil liability insurance for motor vehicles;

b) Any person operating a motorcycle or moped and the like without carrying the Certificate of vehicle registration;

c) Any person operating a motorcycle and the like without carrying a driving license, except for the cases prescribed at Point b Clause 5, Point c Clause 7 of this Article.

3. A fine ranging from VND 200,000 to VND 400,000 shall be imposed on:

a) Any person operating a car, tractor or automobile-like vehicle without carrying a driving license, except for the cases prescribed at Point c Clause 8 of this Article;

b) Any person operating a car, tractor or automobile-like vehicle without carrying the Certificate of vehicle registration (including trailers and semi-trailers);

c) Any person operating a car, tractor or automobile-like vehicle without carrying the certificate of technical and environmental safety (if required, including trailers and semi-trailers).

4. A fine ranging from VND 400,000 to VND 600,000 shall be imposed on:

a) Any person from 16 to under 18 years of age operating a motorcycle with engine displacement of 50 cm3 or more;

b) Any person operating a car, tractor or automobile-like vehicle without an unexpired Certificate of civil liability insurance for motor vehicles;

c) Any person operating a car, tractor or automobile-like vehicle with a driving license that has been expired for less than 06 months.

5. A fine ranging from VND 800,000 to VND 1,200,000 shall be imposed on an operator of a motorcycle whose engine displacement is under 175 cm3 and the like committing any of the following violations:

a) Failing to have a driving license or using a driving license that is not issued by a competent authority, or using a falsified driving license;

b) Using an international driving license issued by any of the Member States of the 1968 Convention of Road Traffic (except for international driving licenses issued by Vietnam’s authority) without carrying a national driving license;

c) Using an invalid driving license (driving license template number at the back does not match with the latest issued template number in system for management of driving license).

6. A fine ranging from VND 1,200,000 to VND 3,000,000 shall be imposed on a person aged from 16 to under 18 years, operating a car, tractor or automobile-like vehicle.

7. A fine ranging from VND 3,000,000 to VND 4,000,000 shall be imposed on an operator of a motorcycle whose engine displacement is under 175 cm3 and motorcycles with three wheels committing any of the following violations:

a) Possessing a driving license inconsistent with the operated vehicle;

b) Failing to have a driving license or using a driving license that is not issued by a competent authority, or using a falsified driving license;

c) Using an international driving license issued by any of the Member States of the 1968 Convention of Road Traffic (except for international driving licenses issued by Vietnam’s authority) without carrying a national driving license.

d) Using an invalid driving license (driving license template number at the back does not match with the latest issued template number in system for management of driving license).

8. A fine ranging from VND 4,000,000 to VND 6,000,000 shall be imposed on the operators of a car, tractor or automobile-like vehicle committing any of the following violations:

a) Using a driving license that is not consistent with the type of vehicle being operated or that has expired for 06 months or more;

b) Failing to have a driving license or using a driving license that is not issued by a competent authority, or using a falsified driving license;

c) Using an international driving license issued by any of the Member States of the 1968 Convention of Road Traffic (except for international driving licenses issued by Vietnam’s authority) without carrying a national driving license;

d) Using an invalid driving license (driving license template number at the back does not match with the latest issued template number in system for management of driving license).

9. In addition to the above fines, the vehicle operator committing the violations shall also be subject to the following additional sanctions:

a) Confiscation of driving license issued by other than competent authorities, erased driving license and inappropriate driving license, for violations prescribed at Points a and c Clause 5; Points b and d Clause 7; Points b and d Clause 8 of this Article;

b) Suspension of the most recently-issued driving license according to information system for management of driving license from 1 month to 3 months, for violations prescribed at Point c Clause 5, Point d Clause 7, Point d Clause 8.

Article 22. Fines for violations of regulations on qualification for operating special-use vehicles

1. A fine ranging from VND 100,000 to VND 200,000 shall be imposed on:

a) Any person operating a special-use vehicle without reaching the permissible age;

b) Any person operating a special-use vehicle without carrying a suitable driving license or certificate of training in traffic rules;

c) Any person operating a special-use vehicle without carrying the Certificate of vehicle registration;

d) Any person operating a special-use vehicle without carrying the certificate of technical and environmental safety (if required).

2. A fine ranging from VND 600,000 to VND 1,000,000 shall be imposed on a person operating a special-use vehicle without obtaining an appropriate driving license or certificate of training in traffic rules.

 

Section 5. VIOLATIONS OF REGULATIONS ON ROAD TRANSPORT

 

Article 23. Fines imposed on operators of civil and commercial passenger automobiles, and similar automobiles violating road traffic regulations

1. A fine ranging from VND 100,000 to VND 200,000 shall be imposed for the acts of:

a) Failing to instruct passengers to stand, sit, or lie in place;

b) Failing to wear uniform and the driver’s name tag.

2. A fine ranging from VND 400,000 to VND 600,000 shall be imposed on the operator of a passenger vehicle (except for buses) for each passenger carried beyond the following permissible limits: 02 or more excess passengers on a 9 seater vehicle or smaller, 03 or more excess passengers on a 10 - 15 seater vehicle; 04 or more excess passengers on a 16 - 30 seater vehicle; 05 or more excess passengers on a vehicle with more than 30 seats, except for the violations mentioned in Clause 4 of this Article. The total fine imposed on such operator shall not exceed VND 40,000,000.

3. A fine ranging from VND 600,000 to VND 800,000 shall be imposed for the acts of:

a) Leaving the door open while the vehicle is running;

b) Allowing the passengers to stay in the vehicle while the vehicle is entering or leaving a barge or a floating bridge (except for weak and old people, the disabled, and sick people);

c) Failing to stick to the prescribed route;

d) Allowing passengers to lie on hammocks in the vehicle or hang from the vehicle while it is running;

dd) Stacking baggage and goods unsafely; dropping baggage or goods from the vehicle; placing goods in the passenger cabin;

e) Carrying baggage or goods beyond the outer size of the vehicle;

g) Carrying stinky goods on a passenger vehicle;

h) Transporting passengers without attendants (if required);

i) Operating taxis without taximeters (in case of vehicles registering for taximeters) or without appropriate taximeters or without using taximeters in accordance with law provisions when transporting passengers;

k) Operating a fixed-route vehicle without adhering to the route licensed by a competent authority (if any);

l) Operating a fixed-route passenger vehicle and collecting money without giving tickets to passengers, or sell tickets at higher prices than prescribed rates;

m) Operating a passenger vehicle without seat belts at seats and beds in accordance with law provisions (except for provincial bus lines);

n) Operating a passenger vehicle without providing passengers with instructions on traffic safety and emergency exit upon vehicular accidents in accordance with law provisions;

o) Operating taxis without using applications to calculate taxi fares (in case of vehicles registering for such applications) or without using applications satisfactory to regulations and law;

p) Operating taxis using taxi fare applications without installing devices to directly connect with passengers on the vehicles in accordance with law provisions.

4. A fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed on the operator of a passenger vehicle with routes longer than 300 km for every excess passenger carried beyond the following permissible limits: 02 or more excess passengers on a 9 sweater vehicle or smaller, 03 or more excess passengers on a 10 - 15 sweater vehicle; 04 or more excess passengers on a 16 - 30 sweater vehicle; 05 or more excess passengers on a 30 sweater vehicle or bigger. The total fine imposed on such operator shall not exceed VND 40,000,000.

5. A fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed for the acts of:

a) Allowing passengers to get on or off the vehicle while it is running;

b) Transferring passengers to another vehicle without their consents; threatening, humiliating passengers; fighting over passengers; forcing passengers to use services against their will;

c) Forcing passengers to get off the vehicle to avoid inspection by law enforcement officers;

d) Making the vehicle imbalanced when loading cargo;

dd) Picking up or disembarking passengers at improper places on fixed routes where such places are already determined; disembarking passengers or stopping to pick up or disembark passengers longer than permitted, except for the cases prescribed at Point a Clause 7 of this Article;

e) Picking up or disembarking passengers where stopping or parking is prohibited or at a curved segment where view is blocked, except for the cases prescribed at Point a Clause 7 of this Article;

g) Operating a vehicle providing passenger transport services without installing tracking devices on the vehicle in accordance with law provisions, except for the cases prescribed at Point dd Clause 6 of this Article;

h) Operating a tourist vehicle or contract-based passenger vehicle using written contracts without a list of passengers, carrying passengers other than those specified in the list or carrying passengers inconsistent with regulations (applicable to contract shuttle buses for transporting students and employees to schools and to workplaces); failing to have or carry the transport contract or a conformable one as prescribed;

i) Transporting passengers along a fixed route without carrying a transport order or one that has sufficient information and certified by both stations at the route ends;

k) Picking up or disembarking passengers at places not prescribed in the contract, except for the cases prescribed at Point a Clause 7 of this Article;

l) Operating a fixed-route international passenger transport vehicle without a list of passengers or carrying passengers not on the list; except for the cases prescribed at Point c Clause 1 Article 35 of this Decree;

m) Carrying baggage or cargo beyond the GVWR of the vehicle;

n) Operating a vehicle providing transport for tourism or a contract-based passenger transport vehicle and picking up, charging or verifying booking of individual passenger; operating contract-based vehicle and designating fixed-routes to serve different customers and service recipients;

o) Failing to use driver identification cards to input information in accordance with law provisions or using driver identification cards of other drivers to input information when operating passenger vehicle;

p) Operating a vehicle providing passenger transport services without installing cameras in accordance with law provisions (if required by the law) or installing cameras without capability to record and store images on the vehicle (including those of the driver) during the vehicle's operation in accordance with law provisions;

q) Operating a vehicle transporting tourists or passengers under contract using electronic contract without having devices to access contents of the electronic contract and the passenger list or failing to provide the electronic contract and passenger list for competent authorities where requested, transporting passengers whose names are not on the passenger list or transporting passengers inconsistent with regulations (with respect to contract shuttle buses transporting students and employees to schools and workplaces).

6. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for the acts of:

a) Transporting dangerous, toxic, flammable, explosive goods, transporting animals or other goods that affect the health of passengers on the passenger vehicle;

b) Carrying people on the hood, roof, or in the trunk;

c) Attacking passengers physically;

d) Operating the vehicle beyond time limits prescribed in Clause 1 Article 65 of the Law on Road traffic;

dd) Failing to install functional tracking devices on vehicles providing passenger transport services in accordance with law provisions or using technical measures, peripheral equipment or other measures to falsify data of tracking devices installed on automobiles;

e) Operating an international passenger transport vehicle without a national symbol or international transport badge or an unexpired one or one issued by a competent authority.

7. A fine ranging from VND 5,000,000 to VND 7,000,000 shall be imposed for the acts of:

a) Picking up and disembarking passengers on a freeway;

b) Operating an international passenger transport vehicle without a badge or an unexpired one or one issued by a competent authority.

8. In addition to the above fines, the vehicle operator committing the violations shall also be subject to the following additional sanctions:

a) Suspension of driving license from 1 month to 3 months, for violations prescribed in Clause 2, Clause 4 (in case of exceeding from more than 50% to 100% of number of passengers permissible for transport); Points c, d and e Clause 3; Points a, b, c ,d , dd, e, h, i, k, l, m, o and q Clause 5; Clause 6; Point b Clause 7 of this Article;

b) Suspension of driving license from 02 months to 04 months, for violations prescribed at Point a Clause 7 of this Article;

c) Suspension of driving license from 3 months to 5 months, for violations prescribed in Clause 2 and Clause 4 of this Article (in case of exceeding 100% of number of passengers permissible for transport);

d) Confiscation of expired badges or badges issued by those other than competent authorities, for violations prescribed at Point e Clause 6, Point b Clause 7 of this Article.

9. In addition to the above fines, the violating vehicle operator shall be forced to:

a) Allocation of other vehicles to carry passengers exceeding permissible amount, for violations prescribed in Clause 2 and Clause 4 of this Article (in case of passenger transport);

b) Refund of illicit profits earned through the commission of administrative violations, for violations prescribed at Point l Clause 3 of this Article (in case of charging beyond the limit).

Article 24. Fines imposed on operators of trucks, tractors (including trailers and pulled semi-trailers) and or automobile-like vehicles transporting goods violating traffic rules

1. A fine ranging from VND 600,000 to VND 800,000 shall be imposed for the acts of:

a) Transporting goods without securing or without proper securing when goods require securing, except for the cases prescribed at Point c Clause 4 of this Article;

b) Operating a vehicle to stack goods on top of the cockpit or loading goods in a manner that causes the vehicle to be unbalance;

c) Failing to lock or secure the trunks when the vehicle is moving.

2. A fine ranging from VND 800,000 to VND 1,000,000 shall be imposed for the acts of:

a) Operating a vehicle (including trailers and semi-trailers) carrying cargo beyond the maximum permissible payload written in the Certificate of technical and environmental safety by exceeding 10% to 30% (for vehicles other than tanker trucks) or by exceeding 20% to 30% (for tanker trucks);

b) Putting cargo on the roof; stacking cargo beyond the width of the cargo container; stacking goods longer than the length of the vehicle by more than 10%;

c) Carrying passengers in the cargo container; allowing the passenger to sit or lie on the roof or hang from the vehicle while it is running;

d) Operating vehicle for goods transport without transport permit in written form in accordance with law provisions or without devices to access software displaying contents of the transport permit in accordance with law provisions or failing to provide competent authorities with devices to access the transport permit upon request;

dd) Operating vehicles towing trailers and semi-trailers whose total weight (including weight of the trailers, semi-trailers and carried goods) of trailers and semi-trailers exceed permissible weight to be pulled as prescribed in the certificates for technical and environmental safety by exceeding 10% to 30%.

3. A fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed for the acts of:

a) Operating a vehicle providing goods transport services without installing tracking devices on the vehicle in accordance with law provisions, except for the cases prescribed at Point c Clause 5 of this Article;

b) Failing to use driver identification cards to input information in accordance with law provisions or using driver identification cards of other drivers to input information when operating vehicle for goods transport;

c) Operating a vehicle providing goods transport services without installing cameras in accordance with law provisions (if required by the law) or installing cameras without capability to record and store images on the vehicle (including those of the driver) during the vehicle's operation in accordance with law provisions.

4. A fine ranging from VND 2,000,000 to VND 3,000,000 shall be imposed for the acts of:

a) Driving a taxi truck without a taximeter or a properly installed one;

b) Carrying cargo beyond the permissible height (for trucks, including trailers and semi-trailers);

c) Carrying containers on the vehicles (including semi-trailers) without employing devices to secure the containers to the vehicles or using improper devices leading to displacement of containers during transport.

5. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for the acts of:

a) Operating a vehicle (including trailers and semi-trailers) carrying cargo beyond the maximum permissible payload written in the Certificate of technical and environmental safety by exceeding 30% - 50%;

b) Operating the vehicle beyond time limits prescribed in Clause 1 Article 65 of the Law on Road traffic;

c) Failing to install functional tracking devices on vehicles providing goods transport services in accordance with law provisions or using technical measures, peripheral equipment or other measures to falsify data of tracking devices installed on automobiles;

dd) Operating vehicles towing trailers and semi-trailers whose total weight (including weight of the trailers, semi-trailers and carried goods) of trailers and semi-trailers exceed permissible weight to be pulled as prescribed in the certificates for technical safety and environmental protection by exceeding 30% to 50%.

6. A fine ranging from VND 5,000,000 to VND 7,000,000 shall be imposed for the acts of:

a) Operating a vehicle (including trailers and semi-trailers) carrying cargo beyond the maximum permissible payload written in the Certificate of technical and environmental safety by exceeding 50% to 100%;

b) Operating vehicles towing trailers and semi-trailers whose total weight (including weight of the trailers, semi-trailers and carried goods) of trailers and semi-trailers exceed permissible weight to be pulled as prescribed in the certificates for technical safety and environmental protection by exceeding 50% to 100%;

c) Loading and unloading on a freeway;

d) Operating a vehicle without a badge issued by a competent authority (if required) or with an unexpired one.

7. A fine ranging from VND 7,000,000 to VND 8,000,000 shall be imposed for the acts of:

a) Operating a vehicle (including trailers and semi-trailers) carrying cargo beyond the maximum permissible payload written in the Certificate of technical and environmental safety by exceeding 100% to 150%;

b) Operating vehicles towing trailers and semi-trailers whose total weight (including weight of the trailers, semi-trailers and carried goods) of trailers and semi-trailers exceed permissible weight to be pulled as prescribed in the certificates for technical and environmental safety by exceeding 100% to 150%;

8. A fine ranging from VND 8,000,000 to VND 12,000,000 shall be imposed for the acts of:

a) Operating a vehicle (including trailers and semi-trailers) carrying cargo beyond the maximum permissible payload written in the Certificate of technical and environmental safety by exceeding 150%;

b) Operating vehicles towing trailers and semi-trailers whose total weight (including weight of the trailers, semi-trailers and carried goods) of trailers and semi-trailers exceed permissible weight to be pulled as prescribed in the certificates for technical and environmental safety by exceeding 150%;

c) Committing the violations prescribed in Clause l, Point c Clause 4 of this Article and causing traffic accidents.

9. In addition to the above fines, the vehicle operator committing the violations shall also be subject to the following additional sanctions:

a) Suspension of driving license from 1 month to 3 months, for violations prescribed at Points b and c Clause 2; Point b Clause 3; Points b and c Clause 4; Clause 5; Points a, b and d Clause 6 of this Article;

b) Suspension of driving license from 2 months to 4 months, for violations prescribed at Point c Clause 6, Clause 7, Point c Clause 8 of this Article;

c) Suspension of driving license from 3 months to 5 months, for violations prescribed at Points a and b Clause 8 of this Article;

d) Confiscation of expired badges or badges issued by other than competent authorities, for violations prescribed at Point d Clause 6 of this Article.

Article 25. Fines imposed on vehicle operators violating regulations on transport of oversized cargo

1. A fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed for the acts of:

a) Transporting oversized cargo without a sign indicating its size;

b) Failing to comply with transport permit, except for the cases prescribed at Points b, c and d Clause 2 of this Article.

2. A fine ranging from VND 5,000,000 to VND 7,000,000 shall be imposed for the acts of:

a) Transporting oversized cargo without a license for transport or an unexpired one or one issued by a competent authority;

b) Transporting oversized cargo with an unexpired license for transport but the gross vehicle weight (GVW) or outer size (after cargo is loaded) exceeds the limits in the license for transport;

c) Transporting oversized cargo with valid license for transport without sticking to routes designated in the license for transport;

d) Transporting oversized cargo with valid license for transport without transporting the correct type of goods designated in the license for transport.

3. In addition to the above fines, the violator shall also be subject to the following additional sanctions:

a) Suspension of driving license from 01 month to 03 months, for violations prescribed in Clause 1 of this Article;

b) Suspension of driving license from 02 month to 04 months, for violations prescribed in Clause 2 of this Article;

c) Confiscation of license for transport that is expired or issued by other than competent authorities, for violations prescribed at Point a Clause 2 of this Article.

4. If the road infrastructure is damaged by the violations prescribed in Clause 1 and Clause 2 of this Article, in addition to the above fines, the violator shall be forced to repair the damage.

Article 26. Fines imposed on vehicle operators violating regulations on transport of pollutants and dangerous goods

1. A fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed for the acts of:

a) Stopping or parking at crowded places, in residential areas, at important works while transporting dangerous goods; transporting dangerous goods without danger signs, except for the cases prescribed in Clause 2 of this Article;

b) Transporting pollutants contrary to the regulations on environment protection, except for the violations mentioned in Clause 2 of this Article.

2. A fine ranging from VND 2,000,000 to VND 3,000,000 shall be imposed for the acts of transporting dangerous goods without a license or against the license, except for the cases prescribed at Point a Clause 6 Article 23 of this Decree.

3. In addition to the above fines, a vehicle operator committing any of the violations prescribed in Clauses 1 and 2 of this Article shall also have his/her driving license suspended from 1 month to 3 months.

4. In addition to the above fines, persons committing any of the violations prescribed in Clauses 1 and 2 of this Article shall be subject to remedial measures of rectifying environmental pollution caused by the administrative violations.

Article 27. Fines imposed on operators of garbage trucks, vehicles transporting wastes, bulk cargo, or other goods violating regulations on transport in urban areas

1. A fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed for the acts of operating such vehicle with adhering to the prescribed route, range, and time.

2. In addition to the above fines, a vehicle operator committing any of the violations prescribed in Clause 1 of this Article shall also have his/her driving license suspended from 1 month to 3 months.

Article 28. Fines for violations of regulations on road transport and ancillary services for road transport

1. A fine ranging from VND 500,000 to VND 1,000,000 shall be imposed on an individual, a fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed on an organization committing any of the following violations:

a) Loading cargo on each vehicle (including trailers and semi-trailers) beyond the maximum permissible payload written in the Certificate of technical and environmental safety by exceeding 10% to 50% (for vehicles other than tanker trucks) or by exceeding 20% to 50% (for tanker trucks);

b) Loading goods onto a vehicle without certifying the loading on the transport order as prescribed.

2. A fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed on an individual, a fine ranging from VND 2,000,000 to VND 4,000,000 shall be imposed on an organization committing any of the following violations:

a) Failing to put or failing to accurately and adequately put the name and phone number of the transport service provider on the outer sides of the body or doors of the passenger vehicle, except for the cases prescribed at Point d Clause 4 of this Article;

b) Failing to put or failing to accurately and adequately put the name and phone number of the cargo transport service provider, GVW, maximum permissible payload, and GVWR on the door of the truck as prescribed;

c) Failing to put or adequately put full name and phone number of units providing goods transport services, GVW, maximum permissible payload, and GVWR on the door of the container trucks as prescribed; failing to put or adequately put full name and phone number of units providing goods transport services, GVW, maximum permissible payload, and GVWR on the door of the trailers and semi-trailers as prescribed;

d) Failing to put or failing to accurately and adequately put the name and phone number of the taxi truck service provider, the net weight of the vehicle, the maximum permissible payload of the vehicle on the outer sides of the body or doors of the taxi truck as prescribed;

dd) Failing to put up or accurately and adequately put up the license plates; baggage allowance, hotline number;

e) Failing to number the passenger seats;

g) Operating a vehicle providing passenger transport services along fixed routes or vehicle providing passenger transport services in form of buses that are not installed with priority seats for persons with disabilities, old people and pregnant women in accordance with law provisions;

h) Operating a passenger vehicle without providing passengers with instructions on traffic safety and emergency exit upon vehicular accidents in accordance with law provisions.

3. A fine ranging from VND 2,000,000 to VND 3,000,000 shall be imposed on an individual and a fine ranging from VND 4,000,000 to VND 6,000,000 shall be imposed on an organization who loads cargo on each vehicle (including trailers and semi-trailers) beyond the maximum permissible payload written in the Certificate of technical and environmental safety by exceeding 50% to 100%.

4. A fine ranging from VND 3,000,000 to VND 4,000,000 shall be imposed on an individual, a fine ranging from VND 6,000,000 to VND 8,000,000 shall be imposed on an organization committing any of the following violations:

a) Failing to provide transport order and transport permit for drivers in accordance with law provisions;

b) Failing to register and put up or accurately and adequately put up information about the routes, starting points and destinations, charges, quality standards of the transport services or ancillary services, except for the cases prescribed at Point dd Clause 2 of this Article;

c) Using a 09-seater vehicle or bigger as a passenger taxi;

d) Operating passenger taxis without installing the “TAXI” roof signs and posting “TAXI” on the front and rear windshields in accordance with law provisions or improperly installing the “TAXI” roof signs (not fixed, incorrect dimensions and made with materials other than reflectors); failing to include accurate service phone number according to business (cooperative) registration;

dd) Operating contract-based vehicles providing passenger transport services and vehicles providing tourism transport services without including the phrase “CONTRACT VEHICLE” in case of contract-based vehicles and “TOURISM VEHICLE” in case of vehicle for tourism transport on the front and rear windshields in accordance with law provisions or improperly including the 2 phrases above (not fixed, incorrect dimensions and made with materials other than reflectors);

e) Failing to issue “driver identification card” for drivers in accordance with law provisions;

g) Employing drivers and attendants who are not trained in passenger transport and road safety (if the type of transport requires that drivers and attendants be so trained);

h) Failing to develop procedures to ensure traffic safety or failing to adequately develop in accordance with law provisions or failing to follow the procedures for ensuring traffic safety in accordance with law provisions;

k) Failing to assign personnel to directly operate transport activities or failing to satisfy requirements after assigning in accordance with law provisions;

l) Using the vehicles of cooperative members to provide transport services without written agreements between such members and the cooperative; or using vehicles that are not under their right to enjoyment to provide transport services;

m) Failing to park in designated areas;

n) The information in the transport order is not completely certified by the station or not certified at all, or the transport order is certified while the vehicle is not present at the station;

o) Failing to notify content of the passenger transport contract to the Provincial Department of Transport before executing such contract;

p) Picking up, selling tickets, charging and verifying booking for individual passenger in case of contract-based vehicles providing passenger transport a vehicle providing tourism transport; designating fixed routes to serve different customers or other service recipients in case of contract-based vehicles providing passenger transport;

g) Operating a passenger vehicle without seat belts at seats and beds in accordance with law provisions (except for provincial bus lines);

r) Operating contract-based passenger vehicles and vehicles providing tourism transport whose number of trips sharing departure locations and sharing destination exceed the limit in accordance with law provisions;

s) Operating contract-based passenger vehicle and vehicles providing tourism transport without complying with regulations on picking up and disembarking passengers at head offices, branch offices, representative offices or other specific locations hired or cooperated with transport service providers;

t) Operating taxis, contract-based passenger vehicles and vehicles providing tourism transport whose 70% of total operational period in a month in a province (or central-affiliated city) without possessing the badges issued by Departments of Transports of corresponding province (or central-affiliated city).

5. A fine ranging from VND 4,000,000 to VND 5,000,000 shall be imposed on an individual and a fine ranging from VND 8,000,000 to VND 10,000,000 shall be imposed on an organization who loads cargo on each vehicle (including trailers and semi-trailers) beyond the maximum permissible payload written in the Certificate of technical and environmental safety by exceeding 100%.

6. A fine ranging from VND 5,000,000 to VND 6,000,000 shall be imposed on an individual, a fine ranging from VND 10,000,000 to VND 12,000,000 shall be imposed on an organization committing any of the following violations:

a) Running a bus station, parking lot, or rest stop without permission by a competent authority;

b) Allowing the vehicles that are not suitable for passenger transports to pick up passengers in the station;

c) Failing to provide, update, transmit, store and manage information from tracking devices in accordance with law provisions; failing to provide username and password to log onto software processing data from the tracking devices under management for regulatory authorities;

d) Failing to adhere to the registered routes, starting points and destinations, charges, and service standards;

dd) Using vehicles without GPS surveillance devices to provide transport services (if required) or without functional or conformable ones; employing technical measures, peripheral equipment and other measures to falsify data of the tracking devices of the automobiles;

e) Operating intermediate transport against regulations and law;

g) Employing drivers operating double decker sleeper bus with in adequate experience in accordance with law provisions;

h) Failing to establish a department to monitor traffic safety conditions or failing to adequately execute all tasks in accordance with law provisions;

i) Using vehicles whose quality or service life fail to meet the conditions for the registered type of transport services;

k) Failing to retain relevant documents during the operation;

l) Failing to prepare or adequately prepare backgrounds of vehicles and operators in accordance with law provisions;

m) Operating contract-based passenger vehicles and vehicles providing tourism transport without bringing transport contracts on the vehicles, attached passenger list and devices to access electronic contracts and passenger list in accordance with law provisions or failing to meet requirements in accordance with law provisions, carrying passengers not in the passenger list or carrying incorrect passengers in case of contract-based vehicles transporting students and employees to schools, universities and workplaces);

n) Operating passenger taxis without installing taximeters (if registered for one) or installing improper taximeters; failing to install receipt printers connected with taximeters in accordance with law provisions or installing improper receipt printers or printing receipts containing inadequate information in accordance with law provisions;

o) Operating a vehicle providing passenger transport services without installing cameras in accordance with law provisions (if required by the law) or installing cameras without capability to record and store images of the vehicle and the driver during the vehicle's operation in accordance with law provisions;

p) Failing to store and transmit images from cameras installed on the automobile to servers, failing to provide accounts to access the servers for competent regulatory authorities in accordance with law provisions;

q) Operating passenger taxis without installing devices to directly connect with the passengers in accordance with law provisions (if registered for taxi fare software) or using taxi fare software unsatisfactory to regulations and law.

7. A fine ranging from VND 7,000,000 to VND 10,000,000 shall be imposed on an individual, a fine ranging from VND 14,000,000 to VND 20,000,000 shall be imposed on an organization committing any of the following violations:

a) Providing transport services by automobile without a License for transport services;

b) Conducting the business in contravention of the License for transport services;

c) Establishing illegal stations;

d) Bus station's failing to adhere to safety procedures for allowing vehicles to enter and leave the station;

dd) Failing to organize adequate periodic health check for driver in accordance with law provisions;

e) Failing to provide information on transport order of each bus route and fixed-route vehicles in accordance with law provisions;

g) Bus station’s failing to apply software for station management and surveillance system in accordance with law provisions;

h) Violating regulations on business and conditions for providing automobile transport services, causing traffic accidents at serious level or higher;

i) Operating vehicles providing transport services to pick up and disembark passengers, load and unload cargo on a freeway;

k) Transport service providers utilizing electronic contracts without adequate software interface for passengers or service recipients in accordance with law provisions; failing to send electronic invoices and store data of electronic contracts in accordance with law provisions.

8. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed on units manufacturing, assembling and importing tracking devices of automobiles and units providing transport solution software for:

a) Units manufacturing, assembling and importing tracking devices of automobiles failing to assign personnel for each position in accordance with law provisions;

b) Units manufacturing, assembling and importing tracking devices of automobiles failing to update and adjust firmware of devices in accordance with law provisions;

c) Units providing transport solution software failing to comply with regulations and law on provision of transport solution application; failing to publicize procedures of handling complaints of customers and failing to develop systems to store complaints of customers in accordance with law provisions.

9. A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed on units manufacturing, assembling and importing tracking devices of automobiles or units providing automobile tracking services for falsifying information and data of automobile tracking devices.

10. In addition to the above fines, the violator shall also be subject to the following additional sanctions:

a) Suspension of (available or issued) badges of violating vehicles from 1 month to 3 months, for violations prescribed at Point h Clause 2; Points a, b, d, dd, e, g, h, l, o, p, q, r, s and t Clause 4; Points d, dd, e, g, i, k, l, m, n, o, p and q Clause 6; Points e and i Clause 7 of this Article;

b) Suspension of license for transport services from 1 month to 3 months, for violations prescribed at Points i and k Clause 4; Point h Clause 6; Points b and h Clause 7 of this Article;

c) Suspension of driver license from 1 month to 3 months in case transport service providers are direct operators of violating vehicles, for violations prescribed at Points d, dd, i and m Clause 6 of this Article;

d) Suspension of driver license from 2 months to 4 months in case transport service providers are direct operators of violating vehicles, for violations prescribed at Point i Clause 7 of this Article;

dd) Confiscation of vehicles (except for cases in which automobiles with 10 seats or more providing passenger transport services whose service life exceeds regulations on business conditions of registered business form less than 20 years from the year of manufacture and automobiles with less than 10 seats providing passenger transport services), for violations prescribed at Point i Clause 6 of this Article;

11. In addition to the above fines, the following remedial measures shall also be taken:

a) Adequate and accurate registration and declaration of information in accordance with law provisions, for violations prescribed at Points a, b, c, d and dd Clause 2; Point b Clause 4 of this Article;

b) Installation of roof signs specifying “TAXI” or forcible display of phrases “XE TAXI” (taxi), “XE HỢP DỒNG” (car operated under contract) or “XE DU LỊCH” (tourist car), for violations prescribed at Points d and dd Clause 4 of this Article;

c) Issuance of driver identification for vehicle operators in accordance with law provisions, for violations prescribed at Point e Clause 4 of this Article;

d) Organization of professional training or periodic health check for vehicle operators and personnel working on vehicles in accordance with law provisions, for violations prescribed at Point g Clause 4, Point dd Clause 7 of this Article;

dd) Entering into contracts with vehicle operators and personnel working on the vehicles in accordance with law provision, for violations prescribed at Point h Clause 4 of this Article;

e) Development and adoption of procedures for traffic safety in accordance with law provisions, for violations prescribed at Point i Clause 4 of this Article;

g) Assignment of eligible personnel to directly operate transport in accordance with law provisions, for violations prescribed at Point k Clause 4 of this Article;

h) Installation of cameras, seat belts, taximeters, receipt printers and tracking devices on the vehicles in accordance with law provisions, for violations prescribed at Points q Clause 4; Points dd, n and o Clause 6 of this Article;

i) Provision, update, transmission, storage and management of information from tracking devices and cameras installed on the vehicles in accordance with law provisions; provision of username and password to access software processing data from tracking devices of the vehicles or to the servers for competent authorities in accordance with law provisions, for violations prescribed at Points c and p Clause 6 of this Article;

k) Refund of illicit profits earned through the commission of administrative violations, for violations prescribed at Point d Clause 6 of this Article (in case of charging beyond the limit);

l) Adequate and accurate preparation, update and storage of vehicles’ background, occupation background of drivers and relevant documents during management and operation of transport in accordance with law provisions, for violations prescribed at Points k and l Clause 6 of this Article.

 

Section 6. OTHER OFFENCES RELATED TO ROAD TRAFFIC

 

Article 29. Fines for illegal manufacture, assembly of motor vehicles; illegal manufacture or sale of license plates

1. A fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed on an individual, a fine ranging from VND 2,000,000 to VND 4,000,000 shall be imposed on an organization that sells license plates that are not manufactured or allowed by competent authorities.

2. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed on an individual, a fine ranging from VND 6,000,000 to VND 10,000,000 shall be imposed on an organization that illegally manufactures or assembles motor vehicles.

3. In addition to the above fines, the violator committing any of the violations prescribed in Clause 1 or Clause 2 of this Article shall have the illegal license plates or illegally manufactured or assembled vehicles confiscated.

4. If the road infrastructure is damaged by the violations prescribed in Clause 1 or Clause 2 of this Article, the violator shall be forced to repair and restore the original condition apart from incurring the fines.

Article 30. Fines imposed on vehicle owners

1. For owners of mopeds and motorcycles: A fine ranging from VND 100,000 to VND 200,000 shall be imposed on an individual, a fine ranging from VND 200.000 to VND 400.000 shall be imposed on an organization which deliberately changes brand and color of vehicle causing inconsistent with certificate of vehicle registration.

2. For owners of cars, tractors, special-use vehicles and automobile-like vehicles: A fine ranging from VND 300,000 to VND 400,000 shall be imposed on an individual, a fine ranging from VND 600,000 to VND 800,000 shall be imposed on an organization committing any of the following violations:

a) Using windshields or windows made of glass other than safety glass;

b) Changing the color of the vehicle without permission (according to the Certificate of vehicle registration);

c) Failing to declare to vehicle registration authorities in accordance with law provisions before renovating the vehicles (if specific type of vehicles is required to be declared).

3. For each passenger carried beyond the permissible limit, a fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed on an individual, a fine ranging from VND 2,000,000 to VND 4,000,000 shall be imposed on an organization that is the owner of a passenger vehicle (except for buses) that directly operates the vehicle or requests/allows their employee or representative to operate the vehicle committing the violation prescribed in Clause 2 Article 23 of this Decree (nevertheless, the total fine imposed on such individual shall not exceed VND 40,000,000; the total fine imposed on such organization shall not exceed VND 80,000,000).

4. For owners of mopeds and motorcycles: A fine ranging from VND 400,000 to VND 600,000 shall be imposed on an individual, a fine ranging from VND 800,000 to VND 1,200,000 shall be imposed on an organization committing any of the following violations:

a) Failing to follow procedures for transferring the vehicle ownership when buying, being given, allocated, or inherited a moped or motorcycle;

b) Failing to follow procedures for issuance of revised certificates of vehicle registration in accordance with law provisions when changing address of vehicle owners;

c) Failing to comply with regulations on license plates, except for the cases prescribed at Point i Clause 5 of this Article.

5. For owners of mopeds and motorcycles: A fine ranging from VND 800,000 to VND 2,000,000 shall be imposed on an individual, a fine ranging from VND 1,600,000 to VND 4,000,000 shall be imposed on an organization committing any of the following violations:

a) Deliberately cutting, welding and punching to modify chassis number and engine number; operating vehicles whose chassis number and engine number have been modified due to being cut, welded and punched;

b) Falsifying or forging the documents about vehicle registration;

c) Changing the chassis, engine, shape, size, or functions of the vehicle;

d) Providing false information or using fraudulent documents to apply for the license plate or Certificate of vehicle registration;

dd) Allowing an unqualified person according to Clause 1 Article 58 of the Law on Road Traffic to operate the vehicle on roads (including those using an expired driving license or those with revoked driving license);

e) Failing to comply with revocation of certificates of vehicle registration and license plates in accordance with law provisions;

g) Operating vehicles without certificates of vehicle registration or with expired certificates of vehicle registration; operating vehicles with temporary certificates of vehicle registration beyond the permitted period, route and range;

h) Operating vehicles with certificates of vehicle registration issued by other than competent authorities or with modified certificates of vehicle registration; operating vehicles with certificates of vehicle registration inconsistent with chassis number of the vehicles;

i) Installing and using devices modifying license plates against regulations and law;

k) Operating a vehicle without a license plate (if required); or the license plate of which is not consistent with the Certificate of vehicle registration or not issued by a competent authority.

6. For each passenger carried beyond the permissible limit, a fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed on an individual, affine ranging from VND 2,000,000 to VND 4,000,000 shall be imposed on an organization that is the owner of a passenger vehicle (except for buses) that directly operates the vehicle or requests/allows their employee or representative to operate the vehicle committing the violation prescribed in Clause 4 Article 23 of this Decree (nevertheless, the total fine imposed on such individual shall not exceed VND 40,000,000; the total fine imposed on such organization shall not exceed VND 80,000,000).

7. For owners of cars, tractors, special-use vehicles and automobile-like vehicles: A fine ranging from VND 2,000,000 to VND 4,000,000 shall be imposed on an individual, a fine ranging from VND 4,000,000 to VND 8,000,000 shall be imposed on an organization committing any of the following violations:

a) Deliberately cutting, welding and punching to modify chassis number and engine number; operating vehicles whose chassis number and engine number have been modified due to being cut, welded and punched;

b) Erasing or modifying vehicle registration documents;

c) Failing to comply with revocation of certificates of vehicle registration and license plates; Certificate of technical and environmental safety for road vehicle in accordance with law provisions;

d) Failing to follow procedures for issuance of revised certificates of vehicle registration in accordance with law provisions after renovating the vehicle or when changing address of vehicle owners;

dd) Failing to comply with regulations and law on license plates and lettering on sides and doors of vehicles, except for the cases prescribed at Point g Clause 8 of this Article, Points a, b, c, d and dd Clause 2 Article 28; Point b Clause 3 Article 37 of this Decree;

e) Providing false information or using fraudulent documents to apply for the reissuance of the license plate, Certificate of vehicle registration, or Certificate of technical and environmental safety;

g) Allowing an employee or representative to operate the vehicle committing any of the violations prescribed at Point e Clause 3, Point m Clause 5 Article 23 of this Decree, or directly operating the vehicle committing any of the violations prescribed at Point e Clause 3, Point m Clause 5 Article 23 of this Decree;

h) Allowing an employee or representative to operate the vehicle committing any of the violations prescribed at Points a and dd Clause 2 Article 24 of this Decree, or directly operating the vehicle committing any of the violations prescribed at Points a and dd Clause 2 Article 24 of this Decree;

k) Allowing an employee or representative to operate the vehicle committing any of the violations prescribed in Clause 2 Article 33 of this Decree, or directly operating the vehicle committing any of the violations prescribed in Clause 2 Article 33 of this Decree;

l) Failing to follow procedures for transferring the vehicle ownership when buying, being given, allocated, or inherited an automobile, tractor, special-use vehicle or automobile-like vehicles;

m) Operating vehicles without certificates of vehicle registration or with expired certificates of vehicle registration; operating vehicles with temporary certificates of vehicle registration beyond the permitted period, route and range.

8. For owners of cars, tractors, special-use vehicles and automobile-like vehicles: A fine ranging from VND 4,000,000 to VND 6,000,000 shall be imposed on an individual, a fine ranging from VND 8,000,000 to VND 12,000,000 shall be imposed on an organization committing any of the following violations:

a) Using hired or borrowed automobile parts and accessories during inspection;

b) Operating a motor vehicle or special-use vehicle on roads with a certificate of technical and environmental safety or stamp of technical and environmental safety (if required) that has expired for less than 01 month (including those for trailers and semi-trailer);

c) Allowing an employee or representative to operate the vehicle committing any of the violations prescribed at Point b Clause 4 Article 24 of this Decree, or directly operating the vehicle committing any of the violations prescribed at Point b Clause 4 Article 24 of this Decree;

d) Allowing an employee or representative to operate the vehicle committing any of the violations prescribed at Point d Clause 6 Article 23; Point b Clause 5 Article 24 of this Decree, or directly operating the vehicle committing any of the violations prescribed at Point d Clause 6 Article 23; Point b Clause 5 Article 24 of this Decree;

dd) Operating vehicles that have exceeding service life, except for the cases prescribed at Point I Clause 6 Article 28 of this Decree;

e) Operating vehicles with certificates of vehicle registration, certificates and stamps certifying technical and environmental safety of the vehicles issued by other than competent authorities or with modified certificates of vehicle registration; operating vehicles with certificates of vehicle registration inconsistent with chassis number of the vehicles (including trailers and semi-trailers);

g) Operating a vehicle without a license plate (if required); or the license plate of which is not consistent with the Certificate of vehicle registration or not issued by a competent authority (including trailers and semi-trailers);

h) Allowing an unqualified person according to Clause l Article 58 (in case of automobiles, tractors and automobile-like vehicles), Clause l Article 62 (in case of special-use vehicles) of the Law on Road traffic to operate the vehicle on roads (including those using an expired or revoked driving license or certificates of training in traffic rules);

i) Installing and using devices modifying license plates against regulations and law (including trailers and semi-trailers).

9. For owners of cars, tractors, special-use vehicles and automobile-like vehicles: A fine ranging from VND 6,000,000 to VND 8,000,000 shall be imposed on an individual, a fine ranging from VND 12,000,000 to VND 16,000,000 shall be imposed on an organization committing any of the following violations:

a) Changing the chassis, engine, 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 without permission;

b) Transforming other types of vehicle into passenger vehicles;

c) Operating a motor vehicle or special-use vehicle on roads without a certificate of technical and environmental safety or stamp of technical and environmental safety (if required) or with one that has expired for 01 month or more (including those for trailers and semi-trailer);

d) Allowing an employee or representative to operate the vehicle committing any of the violations prescribed at Points a and d Clause 5 Article 24 of this Decree, or directly operating the vehicle committing any of the violations prescribed at Points a and d Clause 5 Article 24 of this Decree;

e) Operating trucks with trunks different from designs of manufacturers or designs registered with vehicle registration bodies or revised designs approved by competent authorities;

g) Operating tourist automobile transport with more or less seats and beds or dimension of cargo bays different from designs of manufacturers or designs registered with vehicle registration bodies or revised designs approved by competent authorities;

h) Allowing an employee or representative to operate the vehicle committing any of the violations prescribed at Point b Clause 7 Article 23; Point d Clause 6 Article 24 of this Decree, or directly operating the vehicle committing any of the violations prescribed at Point b Clause 7 Article 23; Point d Clause 6 Article 24 of this Decree.

10. For owners of cars, tractors, special-use vehicles and automobile-like vehicles: A fine ranging from VND 14,000,000 to VND 16,000,000 shall be imposed on an individual, a fine ranging from VND 28,000,000 to VND 32,000,000 shall be imposed on an organization committing any of the following violations:

a) Allowing an employee or representative to operate the vehicle committing any of the violations prescribed at Points a and b Clause 6 Article 24 of this Decree, or directly operating the vehicle committing any of the violations prescribed at Points a and b Clause 6 Article 24 of this Decree;

b) Allowing an employee or representative to operate the vehicle committing any of the violations prescribed at Point a Clause 2 Article 25 of this Decree, or directly operating the vehicle committing any of the violations prescribed at Point a Clause 2 Article 25 of this Decree;

c) Allowing an employee or representative to operate the vehicle committing any of the violations prescribed at Point b Clause 2 Article 25 of this Decree, or directly operating the vehicle committing any of the violations prescribed at Point b Clause 2 Article 25 of this Decree;

d) Allowing an employee or representative to operate the vehicle committing any of the violations prescribed at Point c Clause 2 Article 25 of this Decree, or directly operating the vehicle committing any of the violations prescribed at Point c Clause 2 Article 25 of this Decree;

e) Allowing an employee or representative to operate the vehicle committing any of the violations prescribed at Point a Clause 4 Article 33 this Decree, or directly operating the vehicle committing any of the violations prescribed at Point a Clause 4 Article 33 this Decree;

g) Allowing an employee or representative to operate the vehicle committing any of the violations prescribed at Point b Clause 4 Article 33 this Decree, or directly operating the vehicle committing any of the violations prescribed at Point b Clause 4 Article 33 this Decree;

h) Allowing an employee or representative to operate the vehicle committing any of the violations prescribed at Point c Clause 4 Article 33 this Decree, or directly operating the vehicle committing any of the violations prescribed at Point c Clause 4 Article 33 this Decree.

11. A fine ranging from VND 16,000,000 to VND 18,000,000 shall be imposed on an individual, a fine ranging from VND 32,000,000 to VND 36,000,000 shall be imposed on an organization that is the owner of a car, tractor, special-use vehicle, or automobile-like vehicle and requests or allows an employee or representative to operate the vehicle committing any of the violations prescribed in Clause 7 Article 24 this Decree, or directly operates the vehicle committing any of the violations prescribed in Clause 7 Article 24 this Decree.

12. For owners of cars, tractors, special-use vehicles and automobile-like vehicles: A fine ranging from VND 18,000,000 to VND 20,000,000 shall be imposed on an individual, a fine ranging from VND 36,000,000 to VND 40,000,000 shall be imposed on an organization committing any of the following violations:

a) Allowing an employee or representative to operate the vehicle committing any of the violations prescribed at Points a and b Clause 8 Article 24 this Decree, or directly operating the vehicle committing any of the violations prescribed at Points a and b Clause 8 Article 24 this Decree;

b) Allowing an employee or representative to operate the vehicle committing any of the violations prescribed at Point b Clause 5 Article 33 this Decree, or directly operating the vehicle committing any of the violations prescribed at Point b Clause 5 Article 33 this Decree;

13. A fine ranging from VND 28,000,000 to VND 32,000,000 shall be imposed on an individual, a fine ranging from VND 56,000,000 to VND 64,000,000 shall be imposed on an organization that is the owner of a car, tractor, special-use vehicle, or automobile-like vehicle and requests or allows an employee or representative to operate the vehicle committing any of the violations prescribed at Point a Clause 6 Article 33 this Decree, or directly operates the vehicle committing any of the violations prescribed at Point a Clause 6 Article 33 this Decree.

14. In addition to the above fines, the violator shall also be subject to the following additional sanctions:

a) Confiscation of license plates and certificates of vehicle registration (in case already reissued); confiscation of fabricated documents, files and paper; confiscation of license plates, equipment used to modify the license plates, certificates of vehicle registration, certificates and stamps certifying technical and environmental safety of the vehicles and temporary vehicle registration that are unsatisfactory or erased, for violations prescribed at Points b, d, h, i and k Clause 5; Points b and e Clause 7; Points e, g and i Clause 8 of this Article;

b) Confiscation of vehicles, for violation prescribed at Point a Clause 5, Point a Clause 7, Point dd Clause 8, Point b Clause 9 of this Article;

c) Confiscation of vehicle, for violations prescribed at Points g and h Clause 5, Point m Clause 7; Point e Clause 8 of this Article in case of no certificates of vehicle registration or using certificates of vehicle registration issued by other than competent authorities, not matching chassis number or engine number of the vehicle or erased (including trailers and semi-trailers) without documents proving vehicle origin (no documents, certificates on transfer of vehicle ownership or documents, certificates on legal vehicle origin);

d) Suspension of driving license (in case of road vehicles) and certificates of training in traffic rules (in case of special-use vehicles) from 1 month to 3 months, for violations prescribed at Points g, h, i and k Clause 5; Points g, i and m Clause 7; Points b, c, d, dd, e, g and i Clause 8; Points c, d, dd and h Clause 9; Points a and e Clause 10 of this Article in case vehicle owners directly operate the vehicles;

dd) Suspension of driving license (in case of road vehicles) and certificates of training in traffic rules (in case of special-use vehicles) from 2 months to 4 months, for violations prescribed at Points b, c, d, dd, g and h Clause 10; Clause 11; Point b Clause 12 of this Article in case vehicle owners directly operate the vehicles;

e) Suspension of driving license (for motor vehicles) or certificate of training in traffic rules (for special-use vehicles) for 3 months to 5 months, for violations prescribed at Point a Clause 12 and Clause 13 of this Article in case vehicle owners directly operate the vehicles;

g) Suspension of driving license from 1 month to 3 months, for violations prescribed in Clauses 3 and 6 of his Article in case vehicle owners directly operate vehicle carrying exceeding 50% to 100% more passenger than permitted number;

h) Suspension of driving license from 3 months to 5 months, for violations prescribed in Clauses 3 and 6 of his Article in case vehicle owners directly operate vehicle carrying exceeding 100% more passenger than permitted number;

i) Suspension of the certificate of technical and environmental safety and stamp of technical and environmental safety for 1 month to 3 months, for violations prescribed at Point h Clause 7, Point d Clause 9, Point a Clause 10, Clause 11, Point a Clause 12 of this Article where the cargo container or payload of the vehicle is not conformable;

k) Suspension of certificates and stamps of technical and environmental safety for 1 month to 3 months, for violation prescribed at Points a, e and g Clause 9 of this Article;

l) Suspension of badges from 1 month to 3 months (if any), for violations prescribed in Clause 3 and Clause 6 of this Article in case carrying exceeding 50% of number of passengers permissible for transport. Suspension of badges from 1 month to 3 months (if any), for violations prescribed at Points h and i Clause 7; Points c, d and dd Clause 9; Clause 10; Clause 11; Clause 12; Clause 13 of this Article.

15. In addition to the above fines, following remedial measures shall also be taken:

a) Forcible restoration of brands and paint color according to certificates of vehicle registration as prescribed by law, in case of violations prescribed in Clause 1; Point b Clause 2 of this Article;

b) Forcible replacement with equipment satisfactory to technical safety standards as prescribed by law, in case of violations prescribed at Point a Clause 2 of this Article;

c) Forcible compliance with regulations and law on license plates and lettering on sides and doors of vehicles, in case of violations prescribed at Point c Clause 4 and Point dd Clause 7 of this Article;

d) Forcible restoration to original shape, size or technical condition of the vehicle and inspection before permitting operation, in case of violations prescribed at Points a, e and g Clause 9 of this Article;

dd) Forcible adjustment of trunks in a manner that is satisfactory to current regulations and law, inspection and adjustment of amount of goods in a manner that is satisfactory to certificates of technical and environmental safety before permitting operation of vehicle, in case of violations prescribed at Point h Clause 7, Point d Clause 9, Point a Clause 10, Clause 11, Point a Clause 12 of this Article where trunks and amount of goods permissible for transport are not conformable to current regulations and law;

e) Forcible allocation of other vehicles to carry passengers exceeding permissible amount, in case of violations prescribed in Clause 3 and Clause 6 of this Article (in case of passenger transport);

g) Forcible restoration to original condition prior to the administrative violations, in case of violations prescribed at Point g, h, i and k Clause 7; Point c Clause 8; Point d and dd Clause 9; Clause 10; Clause 11; Clause 12; Clause 13 of this Article where bridges and roads are damaged;

h) Forcible adoption of procedures for vehicle registration, registration for transfer, revision and revocation of certificates of vehicle registration, license plates and certificates of technical and environmental safety as prescribed by law (except for cases of vehicle confiscation), in case of violations prescribed at Point b Clause 4; Points e and g Clause 5; Points c, d, l and m Clause 7 of this Article.

Article 31. Fines imposed on attendants on buses, fixed-route passenger vehicles, contract-based passenger vehicles, and tourist vehicles violating traffic rules

1. A fine ranging from VND 80,000 to VND 100,000 shall be imposed for the acts of:

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 ranging from VND 100,000 to VND 200,000 shall be imposed on a bus attendant that collects money without giving tickets to passengers, or sells tickets at higher prices than prescribed rates.

3. A fine ranging from VND 300,000 to VND 400,000 shall be imposed on an attendant on a fixed-route passenger vehicle that collects money without giving tickets to passengers, or sells tickets at higher prices than prescribed rates.

4. A fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed for the acts of:

a) Transferring passengers to another vehicle without their consent; threatening, humiliating passengers; fighting over passengers; forcing passengers to use services against their will;

b) Forcing passengers to get off the vehicle to avoid inspection by competent persons.

5. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for the act of assaulting passengers.

6. The person committing any of the violations prescribed in Clause 2, Clause 3 of this Article (overcharging passengers) shall be forced to return the illegal profit earned from committing the violation.

Article 32. Fines imposed on passengers violating traffic rules

1. A fine ranging from VND 50,000 to VND 100,000 shall be imposed for the acts of:

a) Failing to follow the instructions on road safety of the driver and attendants;

b) Disturb the order on the vehicle.

2. A fine ranging from VND 300,000 to VND 400,000 shall be imposed for the acts of:

a) Bringing hazardous, flammable explosive chemicals, dangerous goods, or prohibited goods to the vehicle;

b) Hanging from the vehicle; standing, sitting, lying on the hood, roof, or baggage trunk; opening vehicle doors or committing other unsafe acts while the vehicle is running.

3. A fine ranging from VND 2,000,000 to VND 3,000,000 shall be imposed for the acts of threatening and harming health of other passengers, drivers and attendants on vehicles.

4. In addition to the above fines, the person committing any of the violations prescribed at Point a Clause 2 of this Article shall have the hazardous, flammable explosive chemicals, dangerous goods, or prohibited goods that are brought on the passenger vehicle confiscated.

Article 33. Fines imposed on operators of tracked vehicles, the vehicles exceeding the capacity or dimensional limit of the bridge or road (including passenger vehicles)

1. A fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed for the acts of failing to comply with transport permit, except for the cases prescribed at Points a and b Clause 3; Points b and c Clause 4 of this Article.

2. A fine ranging from VND 2,000,000 to VND 3,000,000 shall be imposed for the acts of operating a vehicle whose GVW in excess of the capacity of the bridge or road by exceeding 10% to 20%, unless it is permitted in an unexpired license for transport.

3. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for the acts of:

a) Carrying goods exceeding the dimensional limit of the bridge or road written in the License for transport;

b) Operating a tracked vehicle on roads without a License for transport or an unexpired one, or without taking measures to protect the road on which it is running;

c) Operating a vehicle whose size or cargo size exceeds the dimensional limit of the bridge or road on which it is running, unless it is permitted in an unexpired license for transport;

d) Operating a vehicle whose GVW or gross axle weight (including cargo and passengers this Decree) in excess of the capacity of the bridge or road by exceeding 20% to 50%, unless it is permitted in an unexpired license for transport.

4. A fine ranging from VND 5,000,000 to VND 7,000,000 shall be imposed for the acts of:

a) Operating a vehicle whose GVW or gross axle weight (including cargo and passengers this Decree) in excess of the capacity of the bridge or road by exceeding 50% to 100%, unless it is permitted in an unexpired license for transport.

b) Operating a vehicle with an unexpired License for transport but the GVW or gross axle weight of which (including cargo and passengers this Decree) exceeds the limit written in the License for transport;

c) Operating vehicles with valid license for transport without sticking to routes designated in the license for transport.

5. A fine ranging from VND 7,000,000 to VND 8,000,000 shall be imposed for the acts of operating a vehicle whose GVW or gross axle weight (including cargo and passengers this Decree) in excess of the capacity of the bridge or road by exceeding 100% to 150%, unless it is permitted in an unexpired license for transport.

6. A fine ranging from VND 14,000,000 to VND 16,000,000 shall be imposed for the acts of:

a) Operating a vehicle whose GVW or gross axle weight (including cargo and passengers this Decree) in excess of the capacity of the bridge or road by exceeding 150% unless it is permitted in an unexpired license for transport;

b) Disobeying the order for weight or size inspection; transferring load or using other tricks to pass the inspection.

7. In addition to the above fines, the vehicle operator committing the violations shall also be subject to the following additional sanctions:

a) Suspension of driving license (for cars, tractors, and automobile-like vehicles) or the certificate of training in traffic rules (for special-use vehicles) for 1 month to 3 months, for violations prescribed in Clause 1, Clause 3, Point a Clause 4 of this Article;

b) Suspension of driving license (for cars, tractors, and automobile-like vehicles) or the certificate of training in traffic rules (for special-use vehicles) from 2 months to 4 months, for violations prescribed at Points b and c Clause 4; Clause 5 of this Article;

c) Suspension of driving license (for cars, tractors, and automobile-like vehicles) or the certificate of training in traffic rules (for special-use vehicles) from 3 months to 5 months, for violations prescribed in Clause 6 of this Article.

8. If the road infrastructure is damaged by the violations prescribed in Clauses 1, 2, 3, 4, 5 and 6 of this Article, the vehicle operator committing such violations shall be forced to repair the damage apart from incurring the fines.

Article 34. Fines imposed on street racers and street racing watchers

1. A fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed for the acts of:

a) Gathering to cheer, incite speeding, weaving, chasing, or street racing;

b) Illegally racing bicycles, motor bicycles, tricycles, animal-powered vehicles, or animals on roads.

2. A fine ranging from VND 7,000,000 to VND 8,000,000 shall be imposed for the acts of illegally racing motorcycles, mopeds, and electric mopeds.

3. A fine ranging from VND 8,000,000 to VND 10,000,000 shall be imposed for the acts of illegally racing cars.

4. In addition to the above fines, the vehicle operator committing the violations shall also be subject to the following additional sanctions:

a) Confiscation of vehicles (except for animals use to ride or tow), for violations prescribed at Point b Clause 1 of this Article;

b) Confiscation of vehicle and revocation suspension of driving license from 03 months to 05 months, for violations prescribed in Clauses 2 and 3 of this Article.

Article 35. Fines imposed on operators of motor vehicles bearing foreign license plates

1. A fine ranging from VND 500,000 to VND 1,000,000 shall be imposed on the operator of a motor vehicle bearing a foreign license plate committing any of the following violations:

a) Operating a vehicle without a symbol for nationality recognition;

b) The vehicle documents are not translated into English or Vietnamese;

c) Operating a passenger vehicle without a list of passengers.

2. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for the act of:

a) Operating the vehicle within Vietnam’s territory beyond the deadline;

b) Operating the vehicle beyond permissible areas;

c) Operating the vehicle without a license for international transport or international shipping badge or without an unexpired one;

d) Operating a vehicle without a temporary license plate (if required) or one issued by a competent authority;

dd) Transporting passengers or cargo against concluded Agreements or Protocols on road transport;

e) Operating a right-hand drive vehicle or a foreigner’s vehicle in Vietnam on roads for tourism purposes without a guiding vehicle as prescribed;

g) The nationality of the operator of the right-hand drive vehicle or a vehicle bearing a foreign license plate is not correct.

3. In addition to the above fines, the vehicle operator committing any of the violations in Point a, Point c, Point d, Point dd Clause 2 of this Article shall be forced to re-export the vehicle from Vietnam.

Article 36. Fines imposed on operators of vehicles registered to be operated within in free trade zones and border checkpoint economic zones

1. A fine ranging from VND 500,000 to VND 1,000,000 shall be imposed on the operator of a motorcycle or moped committing any of the following violations:

a) Failing to present the declaration of temporarily imported road vehicles;

b) Operating the vehicle without a badge issued by a competent authority or an unexpired one.

2. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed on the operators of an automobile or automobile-like vehicle committing any of the following violations:

a) Failing to present the declaration of temporarily imported road vehicles;

b) Operating the vehicle without a badge or an unexpired one or one issued by a competent authority.

3. In addition to the above fines, the vehicle operator committing the violations shall also be subject to the following additional sanctions:

a) Confiscation of badges, for violations prescribed at Point b Clause 1, Point b Clause 2 of this Article in case of expired badges or badges issued by other than competent authorities;

b) The vehicle shall be confiscated in case of recommitment of any of the violations prescribed in Clause 1, Clause 2 of this Article.

4. In addition to the above fines, the vehicle operator committing any of the violations prescribed in Clause 1 and Clause 2 of this Article shall be forced to return the vehicle to the free trade zone or border checkpoint economic zone.

Article 37. Fines for violations of regulations on driver training and driving test

1. A fine ranging from VND 600,000 to VND 800,000 shall be imposed on the driving instructor committing any of the following violations:

a) Allowing the learner who is not wearing the learner’s badge to drive the instructional vehicle;

b) Carrying passengers or cargo on the instructional vehicle against the law;

c) Failing to adhere to the route in the license for instructional vehicle; failing to sit next to the learner to assist in steering (even in the practice yard and on roads);

d) Failing to wear the instructor’s badge while teaching;

dd) Failing to have a lesson plan or a suitable one;

e) Driving instructors' failing to carry valid license for instructional vehicle.

2. A fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed on a driver training institution committing any of the following violations:

a) Using a vehicle without a roof or solid seat for learners as an instructional vehicle as prescribed by law;

b) Failing to sign and finalize training contracts with learners; signing or finalizing a training contract not bearing the learner’s signature;

c) Failing to publicize enrolment and training regulations and tuition rate as prescribed by law.

3. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for the acts of:

a) The driver training institution failing to appoint an instructor to sit next to the learner to assist in driving, or appoint an unqualified person as an instructor;

b) The driver training institution that uses an instructional vehicle without the license for instructional vehicle or the “Driver in training” sign, fails to write the name of the training institution on the doors or both sides of the vehicle;

c) The driver training institution that uses an instructional vehicle without a twin brake system or a working one;

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 adequate driving instructors to serve the training capacity from time to time;

e) The driver training institutions’ failing to fully store documents of a training course as prescribed by law;

g) The individual that provides false information or fraudulent documents to be allowed to learn, take the test and to be granted the driving license or certificate of training in traffic rules;

h) Driver training institutions' failing to maintain conditions prescribed in “National technical regulations on road driver training institutions”, except for violations prescribed in Clauses 4, 5 and 7 of this Article;

i) The driver training institutions' failing to fully store documents of a training period;

k) Persons attending driving test carrying cell phones or devices allowing telecommunication via images and sound to rooms for written test, on testing vehicles or conducting other violations thus falsifying the test results.

4. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed on:

a) The driver training institution that provides driver training beyond the capacity written in the license for driver training;

b) The driver training institution that provides driver training at a location other than that written in the license for driver training;

c) The driver training institutions’ failing to fully store documents of 2 or more training courses as prescribed by law;

d) The driver training institution that allows more learners on an instructional vehicle than the legal limit;

dd) The driver training institution failing to have adequate classrooms or classrooms having adequate teaching materials;

e) The driver training institution failing to a decent practice yard or without one that satisfies all requirements;

g) The driver training institution that does not have adequate instructional vehicles of all levels to serve the training capacity from time to time or using instructional vehicles for training of inadequate level;

h) The driving test center failing to publicly post the testing charges and other service charges as prescribed;

i) The driver training institution’s failing to obtain properly functional devices to monitor attendance during theory classes, period and route of practice driving classes of learners;

k) The driver training institution's failing to install properly functional sound system to publicly announce errors of driving examinees during circuit tests as prescribed by law;

l) The driving training institution’s failing to equip adequate properly functional screens to publicize recorded images of rooms for theory tests and driving test results as prescribed by law.

5. A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed on:

a) The driver training institution that provides driver training in vehicle classes other than those permitted;

b) The driver training institution failing to adhere to the prescribed training program;

c) The driver training institution that issues Certificates of course completion or certificates of basic training to learners against the rules;

d) The driver training institution that uses technical measures, peripheral equipment and other measures to interfere in operation and falsify data of devices monitoring attendance in theory classes, period and route of practice classes;

dd) The driver training institution failing to install adequate and properly functional surveillance camera recording images of theory tests and circuit tests as prescribed by law;

e) The driver training institution whose more than 50% of vehicles for circuit testing are ineligible for testing as prescribed by law;

g) The driver training institution whose more than 50% of vehicles for road testing are ineligible for testing as prescribed by law;

h) The driver training institution whose more than 50% of computers for theory testing are ineligible for testing as prescribed by law;

i) The driver training institution that deliberately repositions function rooms or changes the tests without acceptance of competent regulatory agencies;

k) The driver training institutions' failing to fully store documents of 2 or more training periods as prescribed by law.

6. A fine ranging from VND 6,000,000 to VND 8,000,000 shall be imposed on an individual and a fine ranging from VND 12,000,000 to VND 16,000,000 shall be imposed on an organization which organizes admission and training for driver without having license for driver training.

7. A fine ranging from VND 16,000,000 to VND 20,000,000 shall be imposed on the driving test center that commits the acts of:

a) Changing or using the testing software, grading devices, and classes of testing vehicles without approval by a competent authority;

b) Using a computer having answers to the questions or connected to a network outside the examination room during the driver knowledge test;

c) Using inaccurate grading devices during the test; using improper markings or symbols on the testing yard or testing vehicle during the test.

8. The driving instructor allowing the learner to commit any of the violations prescribed in Article 5 of this Decree shall be fined for such violation.

9. In addition to the above fines, the violator shall also be subject to the following additional sanctions:

a) The driver training institutions committing violations prescribed at Points a, b, c, d, dd and e Clause 3; Points a, b, d, dd, e, g and i Clause 4; Point d Clause 5 of this Article shall be suspended from admission from 1 month to 3 months;

b) The driver training institutions committing violations prescribed at Point c Clause 4; Points a, b, c Clause 5 of this Article shall be suspended from admission from 2 months to 4 months;

c) The driver training institutions committing violations prescribed at Point i Clause 3; Points k and l Clause 4; Points dd, e, g, h and i Clause 5 of this Article shall have the “Certificate of qualified driving test center” suspended from 1 month to 3 months;

d) The driving test center committing any of the violations prescribed at Point k Clause 5; Clause 7 of this Article shall have the certificate of qualified driving test center suspended from 2 months to 5 months;

dd) Confiscation of fraudulent documents, for violations prescribed at Point g Clause 3 of this Article.

Article 38. Fines for violations of regulations on inspection of technical and environmental safety of motor vehicles

1. A fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed on the inspector of the Registry committing any of the following violations:

a) Falsifying inspection results;

b) Failing to follow relevant procedures and regulations during the inspection.

2. A fine ranging from VND 5,000,000 to VND 7.000.000 shall be imposed on the Registry committing any of the following violations:

a) Failing to publicly put up inspection procedures at its office;

b) Failing to carry out inspections as assigned;

c) Employing unqualified people as inspectors;

d) Carrying out inspections without adequate devices and personal protective equipment;

dd) Failing to assign adequate number of inspector per inspection line;

e) Number of vehicles inspected and issued with certificates per inspection line exceeding that prescribed by regulations and law.

3. A fine ranging from VND 8,000,000 to VND 12,000,000 shall be imposed on the Registry committing any of the following violations:

a) Using a testing device without a certification or an unexpired one;

b) Using a testing device that is broken and thus inaccurate;

c) Failing to supervise the inspection processes and verify inspection results;

d) Failing to store inspection data as prescribed by law.

4. In addition to the above fines, the violator shall also be subject to the following additional sanctions:

a) The violations prescribed in Clause 1 of this Article shall lead to suspension of inspector certificate shall be suspended from 1 month to 3 months;

b) Suspension of certificates of satisfaction of conditions for motor vehicle inspection from 1 month to 3 months, for violations prescribed at Points c, d, dd and e Clause 2; Points a and b Clause 3 of this Article.

 

Chapter III

VIOLATIONS, FINES, AND REMEDIAL MEASURES FOR RAIL TRANSPORT OFFENCES

 

Section 1. VIOLATIONS OF REGULATIONS ON RAILWAY SIGNALS, RAILWAY RULES, AND RAILWAY SAFETY

 

Article 39. Fines for violations regarding installation of signaling systems and devices at railroad crossings and road-rail bridges; connection between traffic lights and lights installed at railroad crossings and road-rail bridges; provision of safety information at junction between railways and roads

1. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed on the organization responsible for railway infrastructure management, operation, and maintenance committing any of the following violations:

a) Failing to provide adequate safety information to execute tasks at safety signaling positions;

b) Failing to provide adequate equipment serving safety signally as prescribed by law.

2. A fine ranging from VND 6,000,000 to VND 8,000,000 shall be imposed on a national railway infrastructure company, an organization assigned to manage and maintain national railway infrastructure or an owner of specialized railway with road-rail bridges committing any of following violations:

a) Failing to establish means of communication between stations at 2 ends of bridges to ensure coherent and safe traffic as prescribed by law;

b) Failing to establish road and rail connection at road-rail bridges under management of the company as prescribed by law.

3. A fine ranging from VND 8,000,000 to VND 10,000,000 shall be imposed on an organization assigned to manage, utilize and maintain road infrastructure, a railway infrastructure company, an organization assigned to manage and maintain national railway infrastructure or an owner of specialized railway committing any of following violations:

a) Failing to adequately install and maintain normal operation of signaling systems, signals and equipment at level-crossings and road-rail bridges, failing to organize safety measures as prescribed by law;

b) Failing to report promptly, failing to cooperate with competent authorities regulating traffic to ensure safe traffic at level crossings when traffic lights situated on road section of the level crossings under management are damaged;

c) Failing to issue policies on reporting and maintaining signal connection systems under management as prescribed by law;

d) Failing to prepare plans for construction and maintenance of structures and equipment of signal connection systems under management as prescribed by law.

4. In addition to the above fines, the organization assigned to manage, utilize and maintain road infrastructure committing the violation prescribed at Point a Clause 3 of this Article shall be forced to adequately install and maintain signaling systems and devices and implementing safety measures at railroad crossings as prescribed.

Article 40. Fines for violations of regulations on inspection and repair of wagons, train assembly and brake testing

1. A fine ranging from VND 300,000 to VND 500,000 shall be imposed on the inspector committing the following acts:

a) Failing to inspect and repair inbound and outbound trains or inadequately inspects and repairs inbound and outbound trains;

b) Repairing wagons on the rail in a station without implementing safety measures as prescribed by law;

c) Allowing an automobile unsatisfactory to national technical regulations on technical and environmental safety connects with the train;

d) Failing to detect or repair damage to the wagons, causing train delay.

2. A fine ranging from VND 500,000 to VND 1,000,000 shall be imposed on a train dispatcher or traffic controller who assembles a train against national technical regulations on rail operation.

3. A fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed on a train dispatcher or traffic controller committing the following acts:

a) Assembling a train that includes an automobile unsatisfactory to national technical regulations on technical and environment safety, unless the vehicle is put to test or damaged vehicle is brought back to facility for repair;

b) Assembling cargo wagons that contain animals, stinky goods, flammable/explosive substances, hazardous substances, or other dangerous goods into a passenger train.

4. A fine ranging from VND 2,000,000 to VND 3,000,000 shall be imposed on a traffic controller, train captain, train driver, or train inspector committing the following acts:

a) Allowing a train without sufficient brake pressure to run from the assembly station to another station that requires brake testing;

b) Allowing a train to run without brake testing.

5. A fine of VND 3,000,000 to VND 4,000,000 shall be imposed on a rail transport enterprise, railway infrastructure enterprise or owner of specialized railway committing any of the following violations:

a) The rail transport enterprises failing to regulate contents and titles in charge of technical inspection as prescribed by law;

b) Railway infrastructure enterprises and owners of specialized railway failing to regulate location for technical inspection of the train and failing to supervise the technical inspection as prescribed by law.

6. A fine ranging from VND 4,000,000 to VND 5,000,000 shall be imposed on an organization assigned to repair, manage and utilize rolling stocks which lacks adequate and necessary technical equipment, components and materials to prepare, examine and maintain rolling stocks at locomotive station and rail automobile repair stations as prescribed by law.

7. In addition to the above fines, the person committing any of the violations prescribed in Clause 4 of this Article shall be forced to carry out brake testing as prescribed.

Article 41. Fines for violations of regulations on shunting

1. A fine ranging from VND 500,000 to VND 1,000,000 shall be imposed on the driver of the shunter, shunting commander or worker committing the following acts:

a) Allowing the locomotive to move before receiving a shunting plan or signal from the shunting commander;

b) Exceeding the permissible shunting limit;

c) Kicking or dropping a wagon marked “No kicking”, or in a station where kicking is prohibited;

d) Kicking a wagon to a track where another wagon is under repair or loading; kicking a wagon to a track in the rail section or a track where lighting is insufficient, or in a foggy or storming whether;

dd) Letting the wagon pass the safety mark after shunting, except for prescribed special cases;

e) Leaving a locomotive or wagon on a safety track without order from a competent person;

g) Placing chokes on the rail where prohibited;

h) Carrying out shunting before the wagons are connected as prescribed;

i) Leaving unclassified and wagons on the station rail in the rail section or separate track without connecting them or applying the brakes at the ends of the consists or choking properly.

2. A fine ranging from VND 1,000,000 to VND 1,500,000 shall be imposed on the train driver or shunting commander who shunts the train beyond the station perimeter.

3. A fine ranging from VND 1,500,000 to VND 2,000,000 shall be imposed on a train dispatcher or traffic controller that committing the following acts:

a) Leaving automobiles carrying dangerous commodities (flammable and explosive substances) disconnected from the train and separated from one another, choked improperly, situated on other than a separate track or indicated with mobile “stop” signals after shunting;

b) Failing to switch rails that are leading to automobiles containing dangerous commodities (explosives and flammable substances) to other routes.

4. In addition to the above fines, following remedial measures shall also be taken:

a) Repositioning of automobiles containing dangerous commodities (explosives and flammable substances in accordance with regulations and law on shunting, for violations prescribed at Point a Clause 3 of this Article;

b) Repositioning of rails to lead to other routes in accordance with regulations and law on shunting, for violations prescribed at Point b Clause 3 of this Article.

Article 42. Fines for violations of regulations on train operation

1. A fine ranging from VND 200,000 to VND 400,000 shall be imposed on the operators, captains and vices in charge of passenger safety of passenger trains, or traffic controllers who fail to sign the warning.

2. A fine ranging from VND 400,000 to VND 500,000 shall be imposed on the train drivers, train captains, vices, traffic controllers, train inspectors or accompanying technicians who fail to perform brake test, fully specify details or sign the certification of brake functionality as prescribed.

3. A fine ranging from VND 1,000,000 to VND 3,000,000 shall be imposed on the train driver that commits the following acts:

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;

c) Reversing the train in the rail section without orders;

d) Running or reversing the train without permission after a distress signal has been sent;

dd) Reversing the train when is pushed by a locomotive to the rail section.

4. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed on a traffic controller, train captain, train driver, or switchman as follows:

a) Traffic controller, driver and captain allowing the trains to enter rails connecting 2 stations without obtaining permission to do so;

b) Traffic controller and switchman allowing unauthorized persons to perform their tasks without permission.

5. In addition to the above fines, a vehicle operator committing any of the violations prescribed in Clause 3 and Point a Clause 4 of this Article shall also have his/her driving license suspended from 1 month to 3 months.

Article 43. Fines for violations of regulations on receiving and sending trains

1. A fine ranging from VND 200,000 to VND 400,000 shall be imposed on a rail worker committing any of the following violations on guard duty:

a) Failing to receive or send inbound and outbound trains while on watch at the station, switch, crossing, road-rail bridge, or while patrolling a bridge or road, or failing to do so properly, except for the cases prescribed in Clauses 2, 3 and 4 of this Article;

b) Failing to record every telegram while on watch at the station;

c) Failing to record sufficient information about the times when trains pass by while on watch at the station, crossing, or road-rail bridge.

2. A fine ranging from VND 500,000 to VND 1,000,000 shall be imposed on the traffic controller allowing the train to park before the entrance signal post without acceptable explanation.

3. A fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed on the flagman at the crossing or road-rail bridge failing to erect the barrier on time.

4. A fine ranging from VND 2,000,000 to VND 4,000,000 shall be imposed on the traffic controller committing any of the following violations:

a) Failing to take safety measures when a train is approaching;

b) Mistaking the trains;

c) Receiving or sending a train without taking the switch key or lock the switch;

d) Allowing a train to enter a rail section without notifying the flagman or persons watching road-rail bridges as prescribed;

dd) Allowing other rolling stocks to take over main rail in the stations, unless in case of force majeure (dodging, overtaking, shunting, coupling, evacuation and rescue);

e) Failing to inform traffic controllers about stations of arrival and stations of departure, train dispatchers about train number, actual time of arrival and departure and crossing when the trains arrive, depart and cross the stations as prescribed by law;

g) Failing to examine and confirm whether shunting or coupling may have influenced and obstructed tracks for receiving and sending trains as prescribed by law.

Article 44. Fines for violations of regulations on observance of railway signals

1. A fine ranging VND 300,000 to VND 500,000 shall be imposed on the train driver, shunting commander or worker committing any 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 ranging from VND 500,000 to VND 1,000,000 shall be imposed on flagman and persons watching road-rail bridges for failing to regulate traffic when barriers are down, lighting signals are not functioning or improperly functioning.

3. A fine to VND 2,000,000 to VND 3,000,000 shall be imposed on the train driver or train captain as follows:

a) The train driver or captain allowing the train to run without receiving a safety signal from the traffic controller or the signaling employee;

b) The train driver driving the train pass the signals to enter or leave a closed station without permission from the chief traffic controller;

c) The train driver failing to stop the train when it reaches the protective flare and the flare sets off;

d) The train driver keeping the train running after receiving the stop signal.

4. In addition to the above fines, a vehicle operator committing any of the violations prescribed at Points b, c and d Clause 3 of this Article shall also have his/her driving license suspended from 1 month to 3 months.

Article 45. Fines for violations of regulations on development and publication of maximum load order, maximum speed order and timetable

1. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed on a rail transport enterprise failing to publicize or inadequately publicize timetable as prescribed by law.

2. A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed on a national rail infrastructure enterprise committing any of the following acts:

a) Failing to adequately publicize timetable on mass media and website of the enterprise as prescribed by law;

b) Failing to publicize maximum load order and maximum speed order on website of the enterprise as prescribed by law.

3. A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed on a national rail infrastructure enterprise failing to adequately satisfy work items prescribed in the maximum load order, maximum speed order and timetable as prescribed by law.

Article 46. Fines for violations of regulations on train dispatching

1. A fine ranging from VND 200,000 to VND 400,000 shall be imposed on the train dispatcher failing to check the adherence to the timetable and train assembly plan.

2. A fine of VND 2,000,000 to VND 3,000,000 shall be imposed on the train dispatcher committing any of the following acts:

a) Sending train orders ultra vires;

b) Failing to order the traffic controller to send warnings to the train driver in 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;

d) Causing train delay or traffic congestion due to late transmission of orders.

3. A fine ranging from VND 3,000,000 to VND 4,000,000 shall be imposed on the train dispatcher failing to warn train driver, train captain, or traffic controller as prescribed by law.

Article 47. Fines for violations of regulations traffic at railroad crossings, road-rail bridges, and tunnels

1. A fine ranging from VND 60,000 to VND 100,000 shall be imposed on any pedestrian who trespasses the barrier of the crossing or road-rail bridge when barrier is moving or has closed or the light has turned red; disobeys the signals, signs, road markings, or instructions of the flagman when going through the crossing or road-rail bridge, or tunnel.

2. A fine ranging from VND 80,000 to VND 100,000 shall be imposed on any bicycle, motor bicycle, or rudimentary vehicle operator that disobeys the signals, signs, or road markings when going through the crossing or road-rail bridge.

3. A fine ranging from VND 100,000 to VND 200,000 shall be imposed on any bicycle, motor bicycle, rudimentary vehicle operator that stops or parks within crossing length; trespasses the barrier of the crossing or road-rail bridge while the barrier is moving or when the light has turned red; disobeys the signals or instructions of the flagman when going through the crossing or road-rail bridge.

4. A fine ranging from VND 200,000 to VND 300,000 shall be imposed on any motorcycle and moped operator (including electric mopeds) who stops or parks within the length of the crossing or road-rail bridge, or disobeys the signals, signs, or road markings when going through the crossing or road-rail bridge.

5. A fine ranging from VND 600,000 to VND 1,000,000 shall be imposed on any motorcycle and moped operator (including electric mopeds) that trespasses the barrier of the crossing or road-rail bridge while the barrier is moving or when the light has turned red; disobeys the signals or instructions of the flagman when going through the crossing or road-rail bridge.

6. A fine ranging from VND 800,000 to VND 1,000,000 shall be imposed on any operator of a car, tractor or special-use vehicle who stops parks or makes an u-turn within the length of the crossing or road-rail bridge; disobeys the signals, signs, or road markings when going through the crossing or road-rail bridge.

7. A fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed on any operator of a tractor or special-use vehicle who trespasses the barrier of the crossing or road-rail bridge while the barrier is moving or when the light has turned red; disobeys the signals or instructions of the flagman when going through the crossing or road-rail bridge.

8. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed on any operator of an automobile or automobile-like vehicle who trespasses the barrier of the crossing or road-rail bridge while the barrier is moving or when the light has turned red; disobeys the signals or instructions of the flagman when going through the crossing or road-rail bridge.

9. A fine ranging from VND 5,000,000 to VND 7,000,000 shall be imposed on any operator of a road vehicle who:

a) Damages the barrier or other equipment at the crossing or road-rail bridge while operating the motor vehicle;

b) Drives a tracked vehicle, iron-wheel road roller, transporter of oversized cargo or cargo exceeding the dimensional limit across the crossing without notifying the crossing management unit, or without taking safety measures properly.

10. In addition to the above fines, persons committing violations prescribed in Clauses 5, 7, 8 and 9 of this Article shall also have their driving license (in case of motor vehicles) or certificates of training in traffic rules (in case of special-use vehicle) suspended from 1 month to 3 months.

11. Apart from incurring the fines, the vehicle operator committing any of the violations prescribed in Clause 9 of this Article shall be forced to repair the damage caused by the violation.

Article 48. Fines for violations of regulations on prevention and settlement of railway accidents

1. A warning or a fine ranging from VND 100,000 to VND 200,000 shall be imposed on the individual failing to report railway accident, behavior or incident potentially obstructing or rendering rail transport unsafe to the nearest train station, railway authority, local authority, or police station.

2. A fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed on the responsible individual failing to discover incidents or obstacles on the railway that threaten the rail transport safety, or fails to report them or take protective measures properly.

3. A fine ranging from VND 2,000,000 to VND 3,000,000 shall be imposed on the responsible individual failing compile initial documents about the accident; fails to report the railway accident relevant units as prescribed.

4. A fine ranging from VND 3,000,000 to VND 4,000,000 shall be imposed on an individual, a fine ranging from VND 6,000,000 to VND 8,000,000 upon an organization committing any of the following violations:

a) Failing to provide adequate documents and evidence relating to railway accidents; failing to transfer initial documents on the accidents as prescribed by law;

b) Failing to perform rescue duty while capable;

c) Failing to be present at the crash scene of a railway accident when informed or when requested for cooperation and assistance;

d) Failing to take measures for preventing railway accidents when discovering or informed of damage to a railway work;

dd) Failing to resolve the issues affecting the train operation;

e) Obstructing the restoration of the railway when an accident happens.

5. A fine ranging from VND 6,000,000 to VND 8,000,000 shall be imposed on any person who commits the following acts of violation:

a) Changing the crash scene;

b) Taking advantage of the railway accident to appropriate property or vehicle involved in the accident; disturbing, obstructing the handling of the railway accident;

c) Failing to report to a competent authority after causing a railway accident;

d) Failing to cooperate or disobeying orders of competent persons or authorities for repair of damage and restoration of rail transport.

6. A fine ranging from VND 8,000,000 to VND 12,000,000 shall be imposed on a rail infrastructure enterprise, urban railway enterprise or specialized railway enterprise committing any of the following violations:

a) Failing to establish a rescue body or analysis body upon railway accidents as prescribed by law;

b) Failing to store documents on railway accidents, failing to regularly update figures of railway accidents as prescribed by law;

c) Failing to specify responsibilities of units participating in national railway in dealing with railway accidents, failing to publicize address and phone number of relevant organizations and individuals to enable handling railway accidents as prescribed by law.

7. A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed on the rail transport enterprise committing any of the following violations:

a) Failing to develop and implement measures to prevent and remediate railway accidents to ensure safe and continuous rail transport;

b) Failing to obey direction of the organization in charge of preventing and handling railway accidents;

c) Failing to report threats to train operation and suspension of train operation to the traffic controllers at two ends of the rail section where the threat is found, or to the rail transport operators;

d) Failing to suspend train operation when the rail infrastructure is found threatening train operation safety;

dd) Failing to establish response and rescue teams to deal with railway accidents.

Article 49. Fines for violations of regulations on railway safety assurance

1. A fine ranging from VND 300,000 to VND 500,000 shall be imposed on any person who commits the following acts of violation:

a) Walking, standing, lying, sitting or conducting other activities on railways, on bridges and tunnels solely for rail transport, other than railway personnel and competent authorities on duty;

b) Trespassing the fences or walls that separate the railway from the surrounding;

c) Taking animals across the railway at inappropriate positions, or leaving animals to pull a vehicle across the railway without a rider;

d) Walking, standing, lying, sitting or conducting other activities on the roof of the wagon, locomotive, steps; hanging, standing, sitting on the sides of the wagon, locomotive, or connector; opening the train doors; poking the head, arm, leg, or other stuff out the wagon when the train is running, except for railway personnel and competent authorities on duty;

dd) Placing farm produce and other objects on the rail line or other railway works;

e) Spilling debris or other materials on the rail line.

2. A fine ranging from VND 2,000,000 to VND 3,000,000 shall be imposed on any person who commits the following acts of violation:

a) Anchoring a ship, boat, other watercraft or object within the railway bridge protection area;

b) Placing a road vehicle, equipment, materials, or cargo in the railway clearance, except for the cases prescribed at Point b Clause 3 of this Article.

3. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed on any person who commits the following acts of violation:

a) Obstructing the train operation; arbitrarily using signals or equipment to stop the train, unless a threat to railway safety is found;

b) Placing obstacles on the rail line;

c) Opening closed barriers on purpose.

4. A fine ranging from VND 5,000,000 to VND 8,000,000 shall be imposed on an individual, a fine ranging from VND 10,000,000 to VND 16,000,000 shall be imposed on an organization which owns electricity or telecommunication structure committing any of the following violations:

a) Failing to adopt measures to ensure railway work safety and rail transport safety in case the electricity or telecommunication structure is situated within safety perimeter of the railway work and railway safety corridor;

b) Failing to adopt safety measures thus causing the electricity structure or power lines to disturb railway information and signaling systems;

c) Failing to adopt measures to ensure safety of railway equipment, structure and rail transport in case the power lines are met with accidents or downed within safety perimeter of the railway work and railway safety corridor;

5. A fine ranging from 5,000,000 to VND 10,000,000 shall be imposed on any individual who drops wood, stones, or other objects causing a railway accident.

6. A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed on a national railway infrastructure company, an organization assigned to manage and maintain national railway infrastructure or an entity managing and utilizing specialized crossing failing to assign personnel to guard the crossings under management as prescribed by law.

7. A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed on a national rail infrastructure enterprise committing any of the following violations:

a) Failing to adopt technical solutions to ensure rail transport safety during utilization and trade of railway infrastructure with respect to routes permitted to use slopes steeper than limited gradient;

b) Failing to develop safety measures to enable passengers to get on and get off trains in stations with platforms that have not been upgraded or renovated.

8. In addition to the above fines, the violator shall also be subject to the following measures:

a) Forcible removal from the railway, bridges and tunnels used solely for rail transport, for violations prescribed at Point a Clause 1 of this Article;

b) Forcible removal of farm produce and other objects from the rail line or other railway works, for violations prescribed at Point dd Clause 1 of this Article;

c) Forcible removal of debris, obstacles, and other materials from the rail lines, for violations prescribed at Point e Clause 1, Point b Clause 3 of this Article;

d) Forcible removal of ships, boats, other watercrafts or objects from the railway bridge protection areas, for violations prescribed at Point a Clause 2 of this Article;

dd) Forcible removal of road vehicles, equipment, materials and cargoes from the railway clearance, for violations prescribed at Point b Clause 2 of this Article;

e) Forcible adoption of measures to ensure railway safety, for violations prescribed in Clause 4 of this Article.

Article 50. Fines for violations of regulations on management of urban railway safety assurance

1. A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed on an urban rail enterprise committing any of the following violations:

a) Bringing urban railway into operation without certificates of verification of safety dossier of urban railway system as prescribed by law;

b) Bringing urban railway into operation without periodic certificates of operation safety management system for urban railway that are valid or issued by competent authorities.

2. In addition to the above fines, urban railway enterprises committing violations prescribed in Clause1 of this Article shall also be suspended from railway operation from 1 month to 3 months.

 

Section 2. VIOLATIONS OF REGULATIONS ON RAILWAY INFRASTRUCTURE

 

Article 51. Fines for violations of regulations on protection of railway works

1. A fine ranging from VND 300,000 to VND 500,000 shall be imposed on any individual who dumps garbage on the railway or dropping domestic waste from the train to the railway.

2. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed on an individual, a fine ranging from VND 6,000,000 to VND 10,000,000 shall be imposed on an organization committing any of the following violations:

a) Dumping or allowing toxic substances and wastes on railway or releasing wastes that have not been certified in terms of environmental hygiene on railway;

b) Dumping debris, other materials on the railway or dropping them from the train to the railway in transit;

c) Leaving flammable substances or explosives in safety perimeter of the railway work and railway safety corridor;

d) Obstructing rail transport signals;

dd) Damaging the railway drainage system;

e) Illegally placing concrete, wood, steel, or other materials within the railway or within safety perimeter of the railway work;

g) Pumping or releasing water or other liquid thus flooding the track ballast, impacting drainage capacity of railway drainage system or affecting railway work quality and safety.

3. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed on an individual, a fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed on an organization committing any of the following violations:

a) Digging, extracting, piling earth, stone or other materials within the perimeter of the railway work or the railway safety corridor;

b) Illegally damaging or dismantling walls and barriers separating railway from the surrounding areas; illegally displacing, destroying or removing railway station markers, markers of land areas for rail transport, fences which are used for concealing improvised pathways and pillars for restricting improvised pathways;

c) Damaging, changing, moving the signs, landmarks, or signals of railway works.

4. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed on an individual, a fine ranging from VND 20,000,000 to VND 40,000,000 shall be imposed on an organization committing any of the following violations:

a) Creating improvised pathways across railway;

b) Illegally drilling, digging or cutting the railway;

c) Illegally dismantling or displacing the rails, sleepers, parts, components, supplies, and equipment of the railway signaling system;

d) Illegally extending telecommunication or power lines, constructing bridges, overpasses, tunnels, underpasses, sewers, electric poles, utility poles, water transmission and distribution system, pipes for water supply and drainage, telecommunication works (including structures serving national defense and security) across the railway or within land area for rail transport.

5. A fine ranging from VND 20,000,000 to VND 25,000,000 shall be imposed on an individual and a fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed on an organization that uses explosive or extracts stones, sand, or gravel causing the railway work to subside, crack, or blocking rail transport;

6. In addition to the above fines, following remedial measures shall also be taken:

a) Removal of debris, hazardous substances, waste, and other materials from the railway, for violations prescribed in Clause 1; Point a, Point b Clause 2 of this Article;

b) Removal of flammable or explosive substances from the land area for rail transport, for violations prescribed at Point c Clause 2 of this Article;

c) Removal of objects that block the signs, landmarks, or signals of the railway work, for violations prescribed at Point d Clause 2;

d) Restoration to original condition of railway drainage system prior to the administrative violations, for violations prescribed at Point dd Clause 2 of this Article;

dd) Removal of concrete, wood, steel, or other materials from the safety perimeter of the railway work, for violations prescribed at Point e Clause 2 of this Article;

e) Restoration to original conditions prior to the administrative violations, for violations prescribed at Point g Clause 2; Clause 3; Points a, b and c Clause 4; Clause 5 of this Article;

g) Deconstruction of constructions illegally built (without permit or different from permits) and restoration to original conditions prior to the administrative violations, for violations prescribed at Point d Clause 4 of this Article.

Article 52. Fines for violations of regulations on construction, resource attraction, and other activities in the vicinity of railway works

1. A fine ranging from VND 1,000,000 to VND 3,000,000 shall be imposed on an individual, a fine ranging from VND 2,000,000 to VND 6,000,000 shall be imposed on an organization that carries out construction or resource attraction or other activities in the vicinity of a railway work without taking measures for assurance of railway work safety and rail transport safety.

2. A fine ranging from VND 3,000,000 to VND 6,000,000 shall be imposed on an individual, a fine ranging from VND 6,000,000 to VND 12,000,000 shall be imposed on an organization committing any of the following violations:

a) Building a lime kiln, pottery kiln, brick kiln, cast iron, steel, or glass melting furnace at a distance of less than 10 m from the boundary of the railway safety corridor;

b) Building a house from flammable materials at a distance of less than 05 m from the boundary of the railway safety corridor;

c) Constructing telecommunication antennas, communication lines and power lines in a manner that distance from the bottom of said poles to the shoulders of roadbeds that are not cut or filled, bottom of the slopes of filled roads, top of the slops of cut roads, outer edges of structures of railway bridges, communication and signaling lines are less than 1.3 times the height of said poles or less than 5 meters without acceptance of Minister of Transport;

d) Executing construction or resource extraction or other activities in the vicinity of a railway work damaging the railway work;

dd) Erecting constructing within traffic safety corridor in crossing areas without assigning watchmen.

3. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed on an individual, a fine ranging from VND 20,000,000 to VND 40,000,000 shall be imposed on an organization committing any of the violations prescribed in Clause 1 and Clause 2 of this Article causing a railway accident.

4. In addition to the above fines, following remedial measures shall also be taken:

a) Immediate adoption of measures to ensure railway safety, for violations prescribed in Clause 1 of this Article;

b) Dismantling of construction work threatening railway safety, for violations prescribed at Points a, b, c and dd Clause 2; Clause 3 of this Article;

c) Restoration to original condition of railway works prior to the administrative violations, for violations prescribed at Point d Clause 2 of this Article.

Article 53. Fines for violations of regulations on the use of land area for railway transport

1. A fine ranging from VND 300,000 to VND 500,000 shall be imposed on an individual, a fine ranging from VND 600,000 to VND 1,000,000 shall be imposed on an organization committing any of the following violations:

a) Illegally planting trees within urban railway safety corridor; planting trees taller than 1.5 m or lower than 1.5 m and affecting structure safety and stability and rail transport safety during utilization process or planting trees obstructing vision of road users within national railway and specialized railway safety corridor;

b) Trading goods, holding markets, herding cattle on the railway or within the perimeter of the railway or the railway safety corridor.

2. A fine ranging from VND 500,000 to VND 1,000,000 shall be imposed on an individual, a fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed on an organization that uses land within the perimeter the railway work or the railway safety corridor for farming purposes damaging the railway work or causing it to subside or crack, or blocking rail transport.

3. A fine ranging from VND 2,000,000 to VND 3,000,000 shall be imposed on an individual, a fine ranging from VND 4,000,000 to VND 6,000,000 shall be imposed on an organization committing any of the following violations:

a) Illegally placing vehicles, equipment, materials, goods, wastes, or other items within the perimeter of the railway or the railway safety corridor, or in stations or depots;

b) Illegally erecting booths or tents within the land area for rail transport;

c) Placing, erecting advertising boards, sign boards or other obstacles within the land area for rail transport;

d) Delaying removal of the booths or construction, or obstructing the construction, repair, expansion, or assurance of railway work safety at the request of a competent authority.

4. A fine ranging from VND 20,000,000 to VND 25,000,000 shall be imposed on an individual, a fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed on an organization committing any of the following violations:

a) Illegally erecting houses or other constructions (including constructions serving national defense and security) within land area for rail transport, except for the cases prescribed at Points b and c Clause 3 of this Article; Point d Clause 4 Article 51 of this Decree;

b) Illegally erecting advertising boards or sign boards within the land area for rail transport.

5. In addition to the above fines, following remedial measures shall also be taken:

a) Reduction in height of trees exceeding permitted height, relocation of trees planted against regulations and law or affecting structure safety and rail transport safety, for violations prescribed at Point a Clause 1 of this Article;

b) Restoration to original condition prior to the administrative violations, for violations prescribed in Clause 2 of this Article;

c) Removal of vehicles, equipment, materials, goods, waste, and other objects from the railway work perimeter or railway safety corridor, for violations prescribed at Point a Clause 3 of this Article;

d) Dismantling and relocating tents and booths illegally placed from land area for rail transport, for violations prescribed at Point b Clause 3 of this Article;

dd) Removal of advertising boards, signboards and other obstacles illegally placed from the land area for rail transport, for violations prescribed at Point c Clause 3 of this Article;

e) Deconstruction or relocation of buildings, houses, tents or booths obstructing construction, renovation, extension and safety assurance of railway works, for violations prescribed at Point d Clause 3 of this Article;

g) Dismantling or relocation of houses, buildings, advertising panels or indication signs illegally built (without permit or in a manner that is inconsistent with the permits) from land area for rail transport, for violations prescribed in Clause 4 of this Article.

Article 54. Fines for violations of regulations on construction, management and utilization of essential works not affiliated with railway infrastructure but situated within land area for rail transport

1. A fine ranging from VND 2,000,000 to VND 3,000,000 shall be imposed on an individual, a fine ranging from VND 4,000,000 to VND 6,000,000 shall be imposed on an organization committing any of the following violations:

a) Commencing construction without obtaining written acceptance of construction methods, traffic safety measures and clearance period for construction issued by competent organizations as prescribed by law;

b) Failing to hand over sites and as-built dossiers to relevant organizations after finishing construction as prescribed by law;

c) Leaving materials, machinery and equipment for construction breaching the railway clearance when blocks are not cleared or clearance period of the blocks is expired.

2. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed on an individual, a fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed on an organization committing any of the following violations:

a) Failing to fully adopt measures to ensure rail transport safety during construction;

b) Failing to promptly reinforce essential works to ensure railway work safety and rail transport safety upon detecting or receiving reports on damaged essential works;

c) Failing to take charge and relocate or renovate structures at request of competent authorities as prescribed by law;

d) Failing to deconstruct the constructions upon expired;

dd) Failing to deconstruct the constructions that are inconsistent with permits or constructions whose permits are revoked or cancelled by competent authorities.

3. A fine ranging from VND 7,500,000 to VND 10,000,000 shall be imposed on an individual, a fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed on an organization for commencing construction before being transferred with the construction premises as prescribed by law.

4. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed on an individual, a fine ranging from VND 20,000,000 to VND 40,000,000 shall be imposed on an organization that causes rail transport accidents while commencing construction.

5. In addition to the above fines, following remedial measures shall also be taken:

a) Removal machinery, equipment and materials from the railway clearance, for violations prescribed at Point c Clause 1 of this Article;

b) Fortification, relocation or innovation of construction affecting rail transport safety at request of competent authorities, for violations prescribed at Points b and c Clause 2 of this Article;

c) Deconstruction of expired constructions, constructions that are inconsistent with permits or constructions whose permits are revoked or cancelled, for violations prescribed at Points d and dd Clause 2 of this Article.

Article 55. Fines for violations of regulations on railway infrastructure administration and maintenance

1. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed on the organization responsible for railway infrastructure management, operation, and maintenance committing any of the following violations:

a) Failing to prepare management list of crossings unconformable with Law on Railway; failing to prepare or update dossiers on dangerous locations for rail transport safety and improvised pathways across railway;

b) Failing to discover or report the discovered infringements upon the railway perimeter or the railway safety corridor under their management to competent authorities;

c) Failing to keep or properly keep records on management of railway works and railway safety corridors;

d) Failing to promptly detect or comply with regulations and law when detecting or receiving reports on violations against railway infrastructure;

dd) Failing to report threats to train operation and suspension of train operation to the traffic controllers at two ends of the rail section where the threat is found, to the rail transport operators or to users of railway infrastructure;

e) Failing to develop routes, adopt measures to ensure safety at dangerous locations regarding rail transport safety as prescribed by law;

g) Failing to establish guard posts at crossings that are dangerous locations regarding rail transport safety on national railway; failing to provide professional training on guarding and patrolling as prescribed by law for persons assigned by local governments to guard and patrol at improvised pathways;

h) Failing to develop quality control system for railway work maintenance as prescribed by law;

i) Failing to maintain technical status and quality of railway infrastructure as publicized or facilitating railway work accidents due to failing to maintain railway works as prescribed by law;

k) Failing to promptly detect or comply with regulations and law when detecting or receiving reports on damage or degradation of railway works, parts of railway works or equipment attached to railway works in terms of quality and thus unsafe for utilization and use;

l) Failing to follow procedures in case of expired railway works need to be used further.

2. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed on an individual, a fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed on an organization assigned to manage and dispose improvised pathways committing any of the following violations:

a) Failing to narrow or remove the improvised pathways in dangerous locations regarding rail transport safety as prescribed by law;

b) Failing to organize safety measures and guarding posts at improvised pathways in dangerous locations regarding rail transport safety as prescribed by law.

3. A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed on the organization responsible for railway infrastructure management, operation, and maintenance committing any of the following violations:

a) Failing to carry out or properly carry out inspections as prescribed by law;

b) Failing to promptly repair damage to railway works;

c) Failing to repair, replace or fortify damaged parts of the railway infrastructure to ensure satisfaction with publicized maximum speed order and maximum load order;

d) Failing to examine implementation of construction methods and measures to ensure rail transport safety at construction sites on rail lines according to publicized maximum load order and maximum speed order.

4. In addition to the above fines, the violator shall also be subject to the following measures:

a) Forcibly immediate adoption of measures to ensure rail transport safety as prescribed by law, for violations prescribed in Clause 2; Points a and b Clause 3 of this Article;

b) Forcible repairing, replacement or fortification of damaged parts of the railway infrastructure to ensure its quality according to publicized maximum speed order and maximum load order, for violations prescribed at Point c Clause 3 of this Article.

Article 56. Fines for violations of regulations on construction of railway works on railway in operation

1. A fine ranging from VND 2,000,000 to VND 3,000,000 shall be imposed on an individual, a fine ranging from VND 4,000,000 to VND 6,000,000 shall be imposed on an organization committing any of the following violations:

a) Failing to notify the supervisory agency of the railway work before commencing the construction;

b) Failing to provide adequate signaling and safety equipment during the construction;

c) Failing to install or properly install adequate warning signs and signals; failing to take measures to ensure rail transport safety during the construction process;

d) Operating construction equipment without an appropriate qualification as prescribed by law;

dd) Retrieving warning signals before finishing construction and testing structure clearance to allow operation;

e) Executing railway work construction under expired license for construction or under agreements of competent authorities in which time limit for construction has expired;

g) Placing building equipment, materials, warning signs, and other materials serving construction within the railway clearance after the blockade period is expired, except for the cases prescribed at Point c Clause 2 of this Article;

h) Failing to notify supervisory agencies of railway work of completion of the construction;

i) Commencing constructions without requesting for warning as prescribed by law;

k) Failing to adopt measures to isolate blocks and operate trains as prescribed by law when constructions are conducted on operational tracks.

2. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed on an individual, a fine ranging from VND 6,000,000 to VND 10,000,000 shall be imposed on an organization committing any of the following violations:

a) Commencing construction without construction permit or without acceptance documents of competent authorities as prescribed by law (if required by the law); failing to comply with construction permits or acceptance documents of competent authorities;

b) Failing to take measures for preventing accidents when finding that the construction threatens rail transport safety;

c) Improperly placing a vehicle, material, or construction equipment blocking rail transport or threatening traffic safety.

3. A fine ranging from VND 7,500,000 to VND 10,000,000 shall be imposed on an individual, a fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed on an organization for commencing construction before being transferred with the construction premises as prescribed by law.

4. A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed on an individual, a fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed on an organization that executes construction on an operational track without taking measures for ensuring railway safety causing a railway accident.

5. In addition to the above fines, the organization or individual committing any of the violations prescribed at Point e Clause 1, Point a Clause 2, Clause 4 of this Article shall also be suspended from construction or has the construction license (if any) suspended from 1 month to 3 months.

6. In addition to the above fines, following remedial measures shall also be taken:

a) Provision of adequate safety equipment and signaling devices, for violations prescribed at Point b Clause 1 of this Article;

b) Provision of adequate warning signs, signals and immediate adoption of measures to ensure rail transport safety as prescribed by law, for violations prescribed at Point c Clause 1 of this Article;

c) Removal machinery, equipment and materials serving construction, warning signs and temporary signs from the railway clearance, for violations prescribed at Point g Clause 1 of this Article;

d) Immediate adoption of measures to ensure rail transport safety as prescribed by law, for violations prescribed at Point b Clause 2 of this Article;

dd) Repositioning of vehicles, materials and equipment for construction as prescribed by law and not obstructing train operation, for violations prescribed at Point c Clause 2 of this Article;

e) Restoration to original condition prior to the administrative violations, for violations prescribed at Point e Clause 1 and Point a Clause 2 of this Article.

Article 57. Fines for violations of regulations on connection of rail lines

1. A fine ranging from VND 6,000,000 to VND 10,000,000 shall be imposed on a national railway infrastructure enterprise, an urban railway enterprise or an owner of specialized railway failing to detect or fails to develop measures to prevent and report promptly violations relating to connecting rail lines.

2. A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed on an individual, a fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed on an organization connecting rail lines committing any of the following violations:

a) Illegally connecting rail lines;

b) Failing to adequately execute contents prescribed in permit for connecting rail lines;

c) Connecting without obtaining written agreements of units managing rail lines to be connected as prescribed by law;

d) Failing to transfer premises and as-built dossiers of construction within the construction areas as prescribed by law after connecting.

 

Section 3. VIOLATIONS OF REGULATIONS ON ROLLING STOCKS

 

Article 58. Fines for violations of regulations on railworthiness

1. A fine ranging from VND 500,000 to VND 1,000,000 shall be imposed on an individual, a fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed on an organization operating improvised vehicles on the railway.

2. A fine ranging from VND 6,000,000 to VND 10,000,000 shall be imposed for each violating vehicle upon the organization in charge of administration of rolling stock operation committing any of the following violations:

a) Operating a vehicle on railway without having a rolling stock registration certificate or using a rolling stock registration certificate issued by other than competent authorities, except for moving recently imported vehicles, vehicle testing and moving vehicles towards yards for storage and preservation;

b) Operating a vehicle without a certificate of technical and environmental safety or a certificate of periodic inspection of technical and environmental safety, except for vehicle testing and moving damaged vehicles for repair; using certificates of technical and environmental safety or certificates of periodic inspection of technical and environmental safety that are issued by other than competent authorities or expired;

c) Allowing a vehicle banned from operation to operate on the railway;

d) Carrying passengers on a cargo carriage;

dd) Deliberately altering texture, shape and use functions of rolling stocks.

3. A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed on an organization committing any of the violations prescribed at Point c Clause 2 of this Article thus causing a railway accident.

4. In addition to the above fines, the person or organization committing the violations in Clause 1 of this Article shall have their improvised vehicle confiscated.

5. In addition to the above fines, organizations committing violations prescribed at Point dd Clause 2 of this Article shall take remedial measures in form of restoration of structure, shape and use functions of the vehicles to their original conditions before operating the vehicles.

Article 59. Fines for violations of regulations necessary information and instructions for rolling stocks

1. A fine ranging from VND 2,000,000 to VND 3,000,000 for each violating vehicle shall be imposed on an organization directly managing and operating rolling stocks (the total fine amount imposed on a single organization shall not exceed VND 150,000,000) committing any of following violations:

a) Operating passenger automobiles on national railway without adequately putting up train rules and regulations, routes, names of transit stations and the destination station, measures to be adopted in case of fire or accident as prescribed;

b) Operating urban rolling stocks without providing adequate necessary information and direction for customers as prescribed.

2. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed on an organization directly managing and operating rolling stocks failing to adequately put up the reference number, registration number and other symbols on each of the rolling stocks.

Article 60. Fines for violations of regulations on braking equipment and assembling trains

1. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed on the organization responsible for administration of rolling stock operation committing any of the following violations:

a) Failing to install automatic or manual brake or functional one on the rolling stock;

b) Failing to install an emergency brake handle or a functional one in each passenger wagon and at the working position of the captain;

c) Failing to periodically check and seal the emergency brake handle and pressure gauge;

d) Failing to install a pressure gauge or a functional one at the working position of the captain and some passenger cars;

dd) Failing to properly place the assembling equipment.

2. A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed on the organization directly managing and operating rolling stocks that uses a rear signaling device without a certification that is unexpired and issued by a competent authority, or uses a rear signaling device that is not functional as prescribed by law.

3. In addition to the above fines, the violator shall also be subject to the following measures:

a) Forcible installation of equipment or replacement with equipment satisfactory to technical safety standards or restoration of technical attributes of equipment namely automatic and manual brake, for violations prescribed at Point a Clause 1 of this Article;

b) Forcible installation of equipment or replacement with equipment satisfactory to technical safety standards or restoration of technical attributes of equipment namely emergency brakes at working stations of captain and on passenger cars, for violations prescribed at Point b Clause 1 of this Article;

c) Forcible installation of equipment or replacement with equipment satisfactory to technical safety standards or restoration of technical attributes of equipment namely pressure gauges at working stations of captain and on passenger cars, for violations prescribed at Point d Clause 1 of this Article;

d) Forcible installation of the assembling equipment as prescribed by law, for violations prescribed at Point dd Clause 1 of this Article;

dd) Forcible replacement or restoration to original technical attributes of rear signaling devices as prescribed by law, for violations prescribed in Clause 2 of this Article.

Article 61. Fines for violations of regulations necessary equipment on rolling stocks

1. A fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed on a captain or train driver that committing the following acts of violation:

a) Failing to provide or adequately provide fire-fighting equipment and materials, first-aid kits, equipment for choking and signaling on the freight train;

b) Failing to provide or adequately provide escape equipment, fighting equipment and materials, first-aid kits, tools and materials for minor repairs, equipment for choking and signaling on the passenger train;

c) Failing to put up the regulations, route, names of destination stations, and how to deal with accidents or fire on the train.

2. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed on the organization responsible for administration of rolling stock operation that puts a passenger wagon into operation without adequate and functional equipment.

3. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed on the organization responsible for administration of rolling stock operation committing any of the following violations:

a) The locomotive or powered vehicle does not have a speedometer, equipment for recording speed and information related to the train operation (black box), equipment that helps the driver to stay awake while operating the train (if required) or functional ones;

b) Failing to install speedometer or equipment for communication between the driver and the captain or functional ones at the working position of the captain.

4. In addition to the above fines, following remedial measures shall also be taken:

a) Provision of adequate fire-fighting equipment and materials, first-aid kits, equipment for choking and signaling on the freight train, for violations prescribed at Point a Clause 1 of this Article;

b) Provision of adequate fire-fighting equipment and materials, first-aid kits, equipment for emergency exit; equipment for chocking and signaling; equipment for basic repair, for violations prescribed at Point b Clause 1 of this Article;

c) Adequate installation or replacement with equipment satisfactory to technical safety standards or restoration of technical attributes of equipment namely speedometer and devices recording information relating to train operation (black box), alert devices to keep train operators awake while controlling the trains, for violations prescribed at Point a Clause 3 of this Article;

d) Installation of equipment or replacement with equipment satisfactory to technical safety standards or restoration of technical attributes of equipment namely speedometers and devices enabling communication between captains and drivers at working station of the captains, for violations prescribed at Point b Clause 3 of this Article.

 

Section 4. FINES FOR VIOLATIONS COMMITTED BY RAILWAY EMPLOYEES

 

Article 62. Fines imposed on employees directly serving the train operation violating regulations on qualifications

1. A fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed on the train driver operating a rolling stock without carrying the train driver’s license or an unexpired one or one that matches the vehicle.

2. A fine ranging from 4,000,000 to VND 6,000,000 shall be imposed for the acts of using a fabricated qualification, fake train operator’s license, or failing to obtain a train driver’s license.

3. In addition to the above fines, the person committing any of the violations in Clause 2 of this Article shall have their fabricated qualification or train driver’s license confiscated.

Article 63. Fines for violations against alcoholic contents or usage of other stimulants prohibited by law of railroad employees directly serving train operation (except drivers and co-drivers)

1. A fine ranging from VND 2,000,000 to VND 4,000,000 shall be imposed for the acts of working while BAC is less than 50 mg/100 ml of blood, or BrAC is less than 0.25 mg/a liter of breath.

2. A fine ranging from VND 4,000,000 to VND 6,000,000 shall be imposed for the acts of working while BAC exceeds 50 mg up to 80 mg/100 ml of blood, or BrAC exceeds 0.25 mg up to 0.4 mg/a liter of breath.

3. A fine ranging from VND 6,000,000 to VND 8,000,000 shall be imposed for any of the following violations:

a) Working while BAC exceeds 80 mg/100 ml of blood, or BrAC exceeds 0.4 mg/a liter of breath;

b) Failing to comply with the law enforcement officer’s order for testing for alcohol contents or other stimulants prohibited by regulations and law;

c) Working under other stimulants prohibited by the law.

Article 64. Fines imposed on railway personnel violating regulations on railway safety

1. A fine ranging from VND 100,000 to VND 200,000 shall be imposed on any railway personnel involved in train operation or passenger service failing to wear uniform, badge, name tag as prescribed while working.

2. A fine ranging from VND 500,000 to VND 1,000,000 shall be imposed on:

a) The captain that allows people to walk, stand, lie, or sit on the roof of the wagon, hang from the wagon, locomotive, or connector;

b) The captain or train driver that allows passengers to get on freight train;

c) Train captains or attendants allowing street vendors aboard the trains, allowing persons without tickets to ride the trains, allowing persons to get on or get off moving trains; leaving baggage and cargos at 2 ends of the automobiles while the trains are moving, except for leaving baggage and cargos of passengers who are about to get off the trains as the trains enter stations allowing halt and parking;

d) The patrolling employee failing to check and discover the damage to the tunnel, bridge, railway, railway perimeter or rail transport safety corridor or fails to take remedial measures or report the damage to a competent person;

dd) The railway personnel failing to adhere to professional procedures.

3. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed in case of committing any of the violations prescribed at Point c Clause 2 of this Article thus causing a railway accident.

4. In addition to the above fines, the person committing any of the violations prescribed at Point a Clause 2 of this Article shall be forced to be guided back to positions as prescribed by law.

Article 65. Fines for violations of regulations on permissible number of people on board, permissible load of rolling stocks and permissible load of railroad and bridges

1. A fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed for each excess passenger upon the railway company that sells more tickets than the number of seats publicized from time to time (the total fine shall not exceed VND 150,000,000).

2. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed on the rail transport company committing any of the following violations:

a) Loading goods on each automobile in a manner that exceeds permissible load of that automobile by exceeding 5% up to 40%;

b) Operating rolling stocks whose uniformly distributed load or axial load exceed maximum permissible load of railroad prescribed in maximum load order up to 10%;

c) Failing to publicize schemes for selling additional seats and converting beds into seats in peak seasons as prescribed by law.

3. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed on the rail transport company committing any of the following violations:

a) Loading goods on each automobile in a manner that exceeds permissible load of that automobile by exceeding 40% up to 100%;

b) Operating rolling stocks whose uniformly distributed load or axial load exceed maximum permissible load of railroad prescribed in maximum load order from exceeding 10% to 20%.

4. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed on the rail transport company committing any of the following violations:

a) Loading goods on each automobile in a manner that exceeds permissible load of that automobile by exceeding 100%;

b) Operating rolling stocks whose uniformly distributed load or axial load exceed maximum permissible load of railroad prescribed in maximum load order by exceeding 20%.

5. In addition to the above fines, the organizations that commit any of the violations prescribed in Clause 1 of this Article shall be forced to assign other vehicles to carry excess passengers.

Article 66. Fines imposed on the driver and co-driver

1. A fine ranging from VND 300,000 to VND 500,000 shall be imposed on a co-driver failing to supervise the train speed, observe and inform the driver of signals and signs.

2. A fine ranging from VND 500,000 to VND 1,000,000 shall be imposed on the train driver that commits the following acts:

a) Leaving the driving position while the locomotive is working;

b) Allowing unauthorized people or cargo in the locomotive;

c) Damaging the alert devices keeping the driver awake while operating the train;

d) Disobeying the instructions of the captain, signals or signs;

dd) Failing to carry or adequately carry flags, signal lamps, flares, or chocks in the locomotive during the shift.

3. A fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed on a train driver that commits the following acts:

a) Stopping the train against the rules without reasonable explanation;

b) Letting the train moving pass the stop signal;

c) Exceeding the speed limits in maximum speed order by up to 10 km/h.

4. A fine ranging from VND 4,000,000 to VND 6,000,000 shall be imposed on the driver that exceeds the speed limits in maximum speed order by exceeding 10 km/h to 20 km/h.

5. A fine ranging from VND 6,000,000 to VND 8,000,000 shall be imposed on a train driver that commits the following acts:

a) Exceeding the speed limits in maximum speed order by up to 20 km/h;

b) Working while BAC is less than 50 mg/100 ml of blood, or BrAC is less than 0.25 mg/a liter of breath.

6. A fine ranging from VND 16,000,000 to VND 18,000,000 shall be imposed for working while BAC exceeds 50 mg up to 80 mg/100 ml of blood, or BrAC exceeds 0.25 mg up to 0.4 mg/a liter of breath.

7. A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for the following acts:

a) Working while BAC exceeds 80 mg/100 ml of blood, or BrAC exceeds 0.4 mg/a liter of breath;

b) Failing to comply with the law enforcement officer’s order for testing for alcohol contents or other stimulants prohibited by regulations and law;

c) Working under other stimulants prohibited by the law.

8. In addition to the above fines, persons committing the violations shall also be subject to the following additional sanctions:

a) Suspension of driving license from 01 month to 03 months, for violations prescribed in Clause 3 and Clause 4 of this Article;

b) Suspension of driving license from 03 months to 05 months, for violations prescribed in Clause 5 of this Article;

c) Suspension of driving license from 10 months to 12 months, for violations prescribed in Clause 6 of this Article;

d) Suspension of driving license from 22 months to 24 months, for violations prescribed in Clause 7 of this Article.

9. In addition to the above fines, the person committing the violation prescribed at Point b Clause 2 of this Article shall be forced to remove the passengers and cargo from the locomotive.

Article 67. Fines for violations of regulations on employees directly serving train operation

1. A fine ranging from VND 6,000,000 to VND 8,000,000 shall be imposed on an employer committing any of the following violations:

a) Failing to conduct medical check-up for railway employees directly serving train operation within their management;

b) Failing to conduct annual examination and tests for railway employees directly serving train operation as prescribed by law.

2. A fine ranging from VND 8,000,000 to VND 10,000,000 shall be imposed on an employer committing any of the following violations:

a) Employing persons without appropriate specialized certifications, qualifications or license for train operation as prescribed by law;

b) Employing persons without adequate health as prescribed by law.

Article 68. Fines imposed on rail transport training institutions violating regulations of laws on training and issuance of qualifications

1. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for the following acts:

a) Failing to meet the requirements and standards applied to rail transport training institutions;

b) Failing to comply with the regulations on recruitment, training programs, examination, issuing/replacing qualifications.

2. A fine ranging from 5,000,000 to VND 10,000,000 shall be imposed for providing training or issuing qualifications without approval by a competent authority.

3. In addition to the above fines, the organization committing any of the violations prescribed in Clause 1 of this Article shall be suspended from recruitment from 1 month to 3 months.

4. In addition to the above fines, the organization committing any of the violations prescribed in Clause 2 of this Article shall have to revoke and dispose the qualifications illegally issued.

Article 69. Fines for violations of regulations on formulation of rules for train operation and shunting techniques, technical management of train station and putting up the rules for technical management of train station or rail station

1. A fine ranging from VND 1,000,000 to VND 3,000,000 shall be imposed on an organization directly operating and/or providing national railway or specialized railway infrastructures without adequately putting up excerpts of rules for technical management of train station or rail station as prescribed by law.

2. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed on the organization assigned to directly operate national railway or specialized railway infrastructures committing any of the following violations:

a) Failing to develop regulations for technical management of train stations, procedures for train operation and shunting or regulations for operation of rear signaling devices installed on cargo trains as prescribed by law;

b) Failing to develop operational regulations for drivers and co-drivers; failing to develop registry serving train operation and warning; failing to specify train operation measures at intersection between national railway and specialized railway as prescribed by law.

 

Section 5. VIOLATIONS OF REGULATIONS ON RAILWAY SERVICES

 

Article 70. Fines for violations of regulations on conditions for railway service provision

1. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed on a rail transport enterprise, rail infrastructure enterprise or urban railway enterprise committing any of the following violations:

a) The rail transport enterprise failing to assign personnel eligible as prescribed by law to handle safety assurance and primarily be responsible for transport operation management and techniques;

b) The rail infrastructure enterprise failing to assign personnel eligible as prescribed by law to handle safety assurance and manage the enterprise;

c) The urban railway enterprise failing to assign personnel eligible as prescribed by law to handle safety assurance and manage the enterprise;

d) The urban railway enterprise failing to assign personnel eligible as prescribed by law to handle rail transport safety assurance and manage, operate the enterprise.

2. A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed on a rail transport enterprise, rail infrastructure enterprise or urban railway enterprise committing any of the following violations:

a) The rail transport enterprise failing to establish department to be in charge of rail transport safety as prescribed by law;

b) The rail infrastructure enterprise failing to establish department to be in charge of safety affairs as prescribed by law;

c) The urban railway enterprise failing to establish department to be in charge of railway infrastructure safety as prescribed by law;

d) The urban railway enterprise failing to establish department to be in charge of rail transport safety as prescribed by law.

Article 71. Fines for violations of regulations on railway service provision

1. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed on the rail transport company committing any of the following violations:

a) Transporting corpses and bones against the law;

b) Transporting living or wild animals against the law;

c) Failing to adequately put up and publicize via mass media or website of the enterprise information about train schedules, passenger ticket price, baggage price, cargo price and other prices, ticket sale plans, list of commodities prohibited from being transported by passenger trains and regulations of the enterprise on responsibilities for serving passengers;

d) Failing to inform the number of remaining seats to passengers when selling tickets electronically.

2. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed on the rail transport enterprise failing to adhere to regulations on exemption of tickets or reduction of ticket prices.

3. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed on the rail transport company committing any of the following violations:

a) Failing to provide transports for special missions and social security missions at request of a head of competent authority as prescribed by law;

b) Failing to comply with regulations on transporting oversized cargo;

c) Failing to comply with regulations on handling 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;

dd) Failing to comply with regulations on handling, transporting, and securing dangerous goods on wagons;

e) Failing to assign adequate employees on board as prescribed by law;

g) Failing to develop operational procedures for employee titles on board as prescribed by law.

4. In addition to the above fines, the violator shall also be subject to the following measures:

a) Forcible removal of corpse or animal at the nearest station for further actions, for violations prescribed at Point a, Point b Clause 1 of this Article;

b) Forcibly immediate provision of transports for special missions and social security missions at request of the head of the competent authority, for violations prescribed at Point a Clause 3 of this Article;

c) Forcibly immediate adoption of safety measures as prescribed by law, for violations prescribed at Points b, c and dd Clause 3 of this Article.

Article 72. Fines for using fake train tickets and selling train tickets against the law

1. A fine ranging from VND 100,000 to VND 200,000 shall be imposed for using fake tickets on the train.

2. A fine ranging from VND 2,000,000 to VND 4,000,000 shall be imposed on:

a) Any ticketing staff of a train station, ticket agent, or on the train who sells tickets against the law;

b) Any person who trades in tickets to earn illicit profits.

3. A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed on an individual, a fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed on an organization committing any of the following violations:

a) Transporting fake train tickets;

b) Selling fake train tickets;

c) Storing fake tickets.

4. In addition to the above fines, the violator shall also be subject to the following additional sanctions:

a) Confiscation of fake tickets, for violations prescribed in Clause 1 of this Article;

b) Total confiscation of current tickets, for violations prescribed at Point b Clause 2 of this Article;

c) Total confiscation of fake tickets, for violations prescribed in Clause 3 of this Article.

5. If the road infrastructure is damaged by the violations prescribed in Clause 2, Clause 3 of this Article, the violator shall be forced to repair and restore the original condition apart from incurring the fines.

 

Section 6. OTHER OFFENCES RELATED TO RAIL TRANSPORT

 

Article 73. Fines for violations against other regulations on railway safety and security

1. A fine ranging from VND 100,000 to VND 200,000 shall be imposed on any person who commits the following acts:

a) Peddling on the train or in the train station;

b) Failing to comply with train regulations on the train;

c) Throwing earth, stones, or other objects from the train.

2. A fine ranging from VND 300,000 to VND 500,000 shall be imposed on any person that commits the following acts:

a) Disturbing the order or safety on the train or in the train stations;

b) Dumping or leaves garbage on rolling stocks;

c) Bringing an animal that carries contagious diseases or a wild animal to the station or to the train;

d) Illegally bringing flammable/explosive substance or weapon to the station or train;

dd) Illegally brings a living animal to the train;

e) Illegally brings corpses or cremains on urban trains, national trains or in stations.

3. A fine ranging from VND 500,000 to VND 1,000,000 shall be imposed on any individual who throws earth, stones or other objects at the train.

4. A fine ranging from VND 2,000,000 to VND 3,000,000 shall be imposed on an individual threatening or violating health of passengers or railway employees on mission.

5. In addition to the above fines, the person committing any of the violations prescribed at Points c, d, dd and e Clause 2 of this Article shall have to remove the corpse, bones, sick animal, flammable/explosive substance, or weapon, or living animal from the train (at the nearest train station in case of moving trains) for further actions.

 

Chapter IV

COMPETENCE TO IMPOSE FINES AND SANCTIONING PROCEDURES

 

Section 1. COMPETENCE TO IMPOSE FINES

 

Article 74. Competence to impose fines for administrative violations on road traffic offences and rail transport offences

1. Chairpersons of People’s Committees of all levels shall have the power to impose fines for the violations prescribed in this Decree within their competence.

2. Traffic policemen shall, within their assigned functions and tasks, have the power to impose fines for violations prescribed at the following Points, Clauses and Articles of this Decree as follows:

a) Articles 5, 6, 7, 8, 9, 10 and 11;

b) Clause 1, Clause 2, Clause 3, Clause 4, Clause 5 (except Point a Clause 5), Clause 6 (except Point dd Clause 6), Clause 7 and Point a Clause 8 Article 12;

c) Clause 1; Points b, c and d Clause 2; Point b Clause 3; Point a Clause 4; Points b and c Clause 5 Article 13;

d) Clause 1, Clause 2, Point a Clause 3, Clause 4, Clause 5, Clause 6, Clause 7, Clause 8, Point a Clause 9 Article 15;

dd) Articles 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26 and 27;

e) Clause 1; Clause 2; Clause 3; Points a, b, c, d, dd, e, p and q Clause 4; Clause 5; Points d, dd, e, i, m, n, o, p and q Clause 6; Points a, b, c, h and i Clause 7 Article 28;

g) Article 29, Article 30, Article 31, Article 32, Article 33, Article 34, Article 35 (except for Points a, c, d and dd Clause 2 of this Article) and Article 36;

h) Points a, b, c, d and e Clause 1; Point a Clause 2; Points a, b and c Clause 3; Point d Clause 4; Clause 8 Article 37;

i) Points b and c Clause 1; Clause 2; Clause 3; Clause 4 Article 40;

k) Articles 41, 42, 43, 44, 45, 46 and 47;

l) Clauses 1, 2, 3, 4 and 5 Article 48;

m) Articles 49 and 50;

n) Clause 1; Clause 2; Clause 3; Points a, b and c Clause 4 Article 51;

o) Article 52; Clauses 1, 2 and 3 Article 53;

p) Points a and c Clause 1; Points a, b and c Clause 2; Clause 3; Clause 4 Article 54;

q) Articles 56, 57, 58, 59, 60, 61, 62, 63, 64, 65 and 66;

r) Clause 2 Article 67;

s) Points a and b Clause 1; Points b, c, dd and e Clause 3 Article 71;

t) Articles 72 and 73.

3. Police officers, rapid response forces, mobile police officers, and administration police officers shall, within their assigned functions and tasks relating to road and railway transport order and safety, have the power impose fines for violations prescribed at the following Points, Clauses and Articles of this Decree as follows:

a) Points dd and g Clause 1; Points g and h Clause 2; Points b, d, dd, e, k, r and s Clause 3; Points b, d, dd, g and i Clause 4; Points b, c and h Clause 5; Point c Clause 6; Point b Clause 7; Point c Clause 8; Clause 9; Clause 10 Article 5;

b) Points g and n Clause 1; Points a, dd, h, i, k and l Clause 2; Points b, c, d, dd, e, i, k and m Clause 3; Points b, d, dd, e, g and h Clause 4; Clause 5; Points a and c Clause 6; Point c Clause 7; Clause 8; Clause 9 Article 6;

c) Points b, c, d, dd, e, g and h Clause 2; Points b and d Clause 3; Points b, c, dd, e and g Clause 4; Clause 5; Point c Clause 6; Point b Clause 7; Point b Clause 8; Clause 9 Article 7;

d) Points c, dd, e, g, h, k, l, m, n, o, p and q Clause 1; Clause 2; Clause 3; Clause 4 Article 8;

dd) Article 9, Article 10, Article 11, Article 12 (except Point a Clause 5 and Point dd Clause 6 Article 12);

e) Clauses 1, 2, 4 and 5 Article 15;

g) Articles 18 and 20;

h) Point b Clause 3; Points a, b, c, dd, e and k Clause 5; Points a, b and c Clause 6; Point a Clause 7 Article 23;

i) Articles 26 and 29;

k) Clauses 4 and 5 Article 31; Article 32, Article 34;

l) Article 47, Article 49, Article 51 (except Point d Clause 4 Article 51), Article 52, Article 53 (except Clause 4 Article 53), Article 72, Article 73.

4. Chiefs of police stations of communes shall, within their assigned functions and tasks related to road and railway order and safety, have the power to impose fines for the violations prescribed at the following Points, Clauses and Articles of this Decree as follows:

a) Points dd and g Clause 1; Points g and h Clause 2; Points b, d, dd, e, k, r and s Clause 3 Article 5, except for causing traffic accidents;

b) Points g and n Clause 1; Points a, dd, h, i, k and l Clause 2; Points c, d, dd, k and m Clause 3; Points b and d Clause 4 Article 6, except for causing traffic accidents;

c) Points b, c, d, dd, e, g and h Clause 2; Point d Clause 3; Points b, dd and g Clause 4 Article 7, except for causing traffic accidents;

d) Points c, dd, e, g, h, k, l, m, n, o, p and q Clause 1; Clause 2; Clause 3; Clause 4 Article 8;

dd) Articles 9 and 10;

e) Clauses 1, 2, 3, 6 and 7 Article 11;

g) Point a Clause 1, Point dd Clause 2 Article 12;

h) Clauses 1 and 2 Article 15;

i) Article 18; Clause 1 Article 20;

k) Point b Clause 3 Article 23;

l) Clause 4 Article 31; Clauses 1 and 2 Clause 32; Clause 1 Article 34;

m) Clauses 1, 2, 3, 4 and 6 Article 47; Points b, c and d Clause 1 Article 49; Point b Clause 1, Clause 2 Article 53; Clause 1 Article 72;

n) Clause 1; Points a and b Clause 2; Clause 3 Article 73.

5. Transport inspectors, the persons assigned to carry out transport inspections shall, within their assigned functions and tasks, have the power to impose fines for violations of 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 of 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 prescribed at the following Points, Clauses and Articles of this Decree as follows:

a) Point dd Clause 1; Points g and h Clause 2; Points d, dd, e and k Clause 3; Points b, c, d, dd, g and i Clause 4; Points b and c Clause 5; Points b and c Clause 6; Point c Clause 8; Points a and b Clause 10 Article 5;

b) Points a, dd and h Clause 2; Point d Clause 3; Points b and g Clause 4 Article 6;

c) Points c, d, dd, e, g and h Clause 2; Point b Clause 3; Points dd and g Clause 4; Points b, c and d Clause 5 Article 7;

d) Points dd, k and l Clause 1; Point b Clause 2 Article 8;

dd) Clause 4; Point a Clause 7; Clause 9; Point a Clause 10 Article 11;

e) Articles 12, 13, 14 and 15;

g) Clause 1; Clause 2; Clause 3; Clause 4; Points b, dd and e Clause 5 Article 16;

h) Articles 19 and 20;

i) Clause 3; Points b and c Clause 4; Clause 6; Clause 8 Article 21;

k) Articles 22 and 23;

l) Points a and b Clause 1; Points a, b, d and dd Clause 2; Clause 3; Clause 4; Clause 5; Clause 6; Clause 7; Points a and b Clause 8 Article 24;

m) Articles 25, 27 and 28;

n) Points a and b Clause 2; Clause 3; Clause 6; Points a, dd, g, h, i, k and m Clause 7; Clause 8; Clause 9; Clause 10; Clause 11; Clause 12; Clause 13 Article 30;

o) Articles 31 and 33;

p) Points b and c Clause 1; Points a, b, c, dd and g Clause 2 Article 35;

q) Articles 37 and 38;

r) Clauses 2, 3, 4, 5, 6, 7 and 8 Article 47; Point b Clause 2; Point b Clause 3 Article 49 in case of occurrence at crossings or road-rail bridges.

6. Seaport authorities, airport authorities, inland waterways port authorities, rail transport inspectors, aviation inspectors, maritime inspectors, inland waterways inspectors shall, within assigned functions and tasks, have the power to impose fines for the violations prescribed at Point a Clause 1, Point l Clause 3, Point e Clause 5 Article 28 of this Decree.

7. Transport inspectors and persons assigned to conduct specialized railway inspection shall, within their assigned functions and tasks, have the power to impose fines for violations prescribed at the following Points, Clauses and Articles of this Decree as follows:

a) Articles 39, 40, 41, 42, 43, 44, 45, 46 and 47;

b) Clause 1; Clause 2; Clause 3; Clause 4; Points a, b and d Clause 5; Clause 6; Clause 7 Article 48;

c) Clauses 1, 2, 3, 4, 6 and 7 Article 49;

d) Articles 50 and 51;

dd) Clauses 1 and 2 Article 52;

e) Articles 53, 54 and 55;

g) Clauses 1, 2 and 3 Article 56;

h) Article 57;

i) Clauses 1 and 2 Article 58;

k) Articles 59, 60, 61, 62 and 63;

l) Clauses 1 and 2 Article 64;

m) Articles 65, 66, 67, 68, 69, 70, 71, 72 and 73.

8. Environmental protection inspectors and persons assigned to conduct environmental protection inspection shall, within their assigned functions and tasks, have the power to impose fines for the violations of regulations on environmental protection prescribed at the following Points, Clauses and Articles of this Decree as follows:

a) Point c Clause 1 Article 10;

b) Point dd Clause 2, Clause 4, Point a Clause 6 Article 12;

c) Point c Clause 2 Article 16; Point dd Clause 1 Article 17;

d) Point d Clause 1 Article 19; Articles 20 and Article 26;

dd) Clause 1, Point a Clause 2 Article 51;

e) Point a Clause 3 Article 53;

g) Point b Clause 2 Article 73.

Article 75. Competence to impose fines of Chairpersons of People’s Committees of all levels

1. Chairpersons of People’s Committees of communes shall have the following powers:

a) Imposing warnings;

b) Imposing fines of up to VND 4,000,000 for road traffic offences and up to VND 5,000,000 for rail transport offences;

c) Confiscating the objects and vehicles illegally used, the value of which does not exceed the fine rate prescribed at Point b of this Clause;

d) Adopting remedial measures prescribed at Points a, b, and c Clause 1 Article 4 of this Decree.

2. Chairpersons of People’s Committees of districts shall have the following powers:

a) Imposing warnings;

b) Imposing fines of up to VND 20,000,000 for road traffic offences and up to VND 37,500,000 for rail transport offences;

c) Suspending licenses, practicing certificates, or suspend the operation;

d) Confiscating the objects and vehicles illegally used, the value of which does not exceed the fine rate prescribed at Point b of this Clause;

dd) Adopting remedial measures prescribed at Points a, b, c, dd and e Clause 1 Article 4 of this Decree.

3. Chairpersons of People’s Committees of provinces shall have the following powers:

a) Imposing warnings;

b) Imposing fines of up to VND 40,000,000 for road traffic offences and up to VND 75,000,000 for rail transport offences;

c) Suspending licenses, practicing certificates, or suspend the operation;

d) Confiscating the objects and vehicles illegally used;

dd) Adopting remedial measures prescribed in Clause 1 Article 4 of this Decree.

Article 76. Competence to impose fines of the people’s public security

1. Police officers on duty shall have the following powers:

a) Imposing warnings;

b) Imposing fines of up to VND 400,000 for road traffic offences and up to VND 500,000 for rail transport offences.

2. Senior officers of the persons mentioned in Clause 1 of this Article shall have the following powers:

a) Imposing warnings;

b) Imposing fines of up to VND 1,200,000 for road traffic offences and up to VND 1,500,000 for rail transport offences.

3. Chief of police stations of communes, chiefs of police stations at border checkpoints and export-processing zones shall have the following powers:

a) Imposing warnings;

b) Imposing fines of up to VND 2,000,000 for road traffic offences and up to VND 2,500,000 for rail transport offences;

c) Confiscating the objects and vehicles illegally used, the value of which does not exceed the fine rate prescribed at Point b of this Clause;

d) Adopting remedial measures prescribed at Points a and c Clause 1 Article 4 of this Decree.

4. Chiefs of police stations of districts, chiefs of divisions of Traffic Police Authority; chiefs of departments affiliated to provincial police divisions including public order division, road - rail traffic division, commanders of police companies and above shall have the following powers:

a) Imposing warnings;

b) Imposing fines of up to VND 8,000,000 for road traffic offences and up to VND 15,000,000 for rail transport offences;

c) Suspending licenses, practicing certificates, or suspend the operation;

d) Confiscating the objects and vehicles illegally used, the value of which does not exceed the fine rate prescribed at Point b of this Clause;

dd) Adopting remedial measures prescribed at Points a, c and e Clause 1 Article 4 of this Decree.

5. Directors of provincial police authorities shall have the following powers:

a) Imposing warnings;

b) Imposing fines of up to VND 20,000,000 for road traffic offences and up to VND 37,500,000 for rail transport offences;

c) Suspending licenses, practicing certificates, or suspend the operation;

d) Confiscating the objects and vehicles illegally used, the value of which does not exceed the fine rate prescribed at Point b of this Clause;

dd) Adopting remedial measures prescribed at Points a, c, dd and e Clause 1 Article 4 of this Decree.

6. Directors of Traffic Police Authority and Public Order Police Authority shall have the following powers:

a) Imposing warnings;

b) Imposing fines of up to VND 40,000,000 for road traffic offences and up to VND 75,000,000 for rail transport offences;

c) Suspending licenses, practicing certificates, or suspend the operation;

d) Confiscating the objects and vehicles illegally used;

dd) Adopting remedial measures prescribed at Points a, c, dd and e Clause 1 Article 4 of this Decree.

Article 77. Competence to impose fines of specialized inspectors, seaport authorities, airport authorities, inland waterways port authorities

1. Inspectors and the persons assigned to conduct specialized inspections shall have the following powers:

a) Imposing warnings;

b) Imposing fines of up to VND 400,000 for road traffic offences and up to VND 500,000 for rail transport offences;

c) Confiscating the objects and vehicles illegally used, the value of which does not exceed the fine rate prescribed at Point b of this Clause;

d) Adopting remedial measures prescribed at Points a and c Clause 1 Article 4 of this Decree.

2. Chief Inspectors of Provincial Departments of Transport, Chief Inspectors of Provincial Departments of Natural Resources and Environment, Chief Inspector of the Civil Aviation Authority of Vietnam, Chief Inspector of Vietnam Maritime Administration, chiefs of local road authorities affiliated to Directorate for Roads of Vietnam, chief of inspectorates of Provincial Departments of Transport, , chief of inspectorates of Provincial Departments of Natural Resources and Environment, chiefs of inspectorates of Vietnam Environment Administration, chiefs of inspectorates of Directorate for Roads of Vietnam, chiefs of inspectorates of Vietnam Railway Administration, chiefs of inspectorates of local road authorities affiliated to Directorate for Roads of Vietnam shall have the following powers:

a) Imposing warnings;

b) Imposing fines of up to VND 20,000,000 for road traffic offences and up to VND 37,500,000 for rail transport offences;

c) Suspending licenses, practicing certificates, or suspend the operation;

d) Confiscating the objects and vehicles illegally used, the value of which does not exceed the fine rate prescribed at Point b of this Clause;

dd) Adopting remedial measures prescribed in Clause 1 Article 4 of this Decree.

3. Chiefs of inspectorates of the Ministry of Transport, the Ministry of Natural Resources and Environment, and Director of Pollution Control Directorate shall have the following powers:

a) Imposing warnings;

b) Imposing fines of up to VND 28,000,000 for road traffic offences and up to VND 52,500,000 for rail transport offences;

c) Suspending the licenses, practicing certificates, or suspend the operation;

d) Confiscating the objects and vehicles illegally used, the value of which does not exceed the fine rate prescribed at Point b of this Clause;

dd) Adopting remedial measures prescribed in Clause 1 Article 4 of this Decree.

4. Chief Inspector the Ministry of Transport, Chief Inspector of the Ministry of Natural Resources and Environment, Chief Inspector of Vietnam Environment Administration, Director of Directorate for Roads of Vietnam, Director of Vietnam Railway Administration, Director of Vietnam Maritime Administration, Director of Civil Aviation Authority of Vietnam, Director of Vietnam Inland Waterway Administration shall have the following powers:

a) Imposing warnings;

b) Imposing fines of up to VND 40,000,000 for road traffic offences and up to VND 75,000,000 for rail transport offences;

c) Suspending licenses, practicing certificates, or suspend the operation;

d) Confiscating the objects and vehicles illegally used;

dd) Adopting remedial measures prescribed in Clause 1 Article 4 of this Decree.

5. Chief representatives of seaport authorities, airport authorities, the inland waterway port authorities shall have the following powers:

a) Imposing warnings;

b) Imposing fines of up to VND 10,000,000 for road traffic offences.

6. Directors of seaport authorities, airport authorities, the inland waterway port authorities affiliated to Vietnam Inland Waterway Administration shall have the following powers:

a) Imposing warnings;

b) Imposing fines of up to VND 25,000,000 for road traffic offences;

c) Suspending licenses, practicing certificates, or suspend the operation;

d) Confiscating the objects and vehicles illegally used, the value of which does not exceed the fine rate prescribed at Point b of this Clause;

dd) Adopting remedial measures prescribed at Points a, b, c, dd and e Clause 1 Article 4 of this Decree.

Article 78. Determination of the competence to impose fines and take remedial measures

1. The competence to impose fines for administrative violations relating to road traffic, rail transport, and to take remedial measures shall be determined in accordance with Article 52 of the Law on Handling of Administrative Violations.

2. The maximum fines prescribed in Article 75, Article 76 and Article 77 of this Decree are applied to individuals; the maximum fine imposed on an organization is twice the maximum fine imposed on an individual committing the same violation.

3. Any person mentioned in Clause 2, Clause 3 Article 75; Clause 4, Clause 5, Clause 6 Article 76; Clause 2, Clause 3, Clause 4, Clause 6 Article 77 of this Decree shall have the competence to suspend the violator’s license or practicing certificate if the violation, by law, causes the license or practicing certificate to be suspended.

Article 79. Competence to make records of administrative violations

1. Persons competent to make records of on road traffic-related violations shall include:

a) The persons competent to impose fines for road traffic offenses who are mentioned in Articles 75, 76, and 77 of this Decree;

b) The patrolling officials and civil servants are competent to make records on the infringements upon road infrastructure, illegal occupation of land for road traffic and road safety corridor;

c) Police officers are competent to make records on the violations committed locally;

d) Officials of Inspectorate of Provincial Departments of Transport in the performance of their duties are competent to make records on the violations committed within the area under the management of Inspectorate of the Provincial Department of Transport;

dd) Officials and public employees of seaport authorities, airport authorities, inland waterways port authorities in the performance of their duties are competent to make records on the violations prescribed at Point a Clause 1, Clause 3, Clause 5 Article 28 which are committed within the areas under their management.

2. The persons competent to make records on rail transport- reflated violations include:

a) The persons competent to impose administrative fines for rail transport violations who are mentioned in Articles 75, 76, and 77 of this Decree;

b) The train captains are competent to make records on the violations committed on the train;

c) Police officers are competent to make records on the violations committed locally.

Section 2. SANCTIONING PROCEDURE

 

Article 80. Procedures for imposing fines on vehicle owners and operators for violating regulations on road and rail transport

1. If the owner of the violating vehicle is present at the scene, the person competent to impose fines shall make a record and a decision on sanctioning in accordance with Article 30 of this Decree.

2. If the owner of the vehicle is not present at the scene, the person competent to impose fines shall make a record and impose fines in accordance with law, the vehicle operator shall add a signature on the record as a witness, and may implement the sanctioning decision on the vehicle owner’s behalf.

3. Where various violations prescribed in Chapter II of this Decree are committed by the same violator, fines shall be imposed as follows:

a) Fines for violations relating to license plates, certificates of vehicle registration, temporary certification of vehicle registration prescribed in Article 16 (Point c Clause 3; Points a and b Clause 4; Points a, d and dd Clause 5), Article 17 (Point b Clause 1; Clause 2; Point a Clause 3), Article 19 (Point a Clause 1l Points a, d, dd and e Clause 2) and corresponding violations prescribed in Article 30 (Point c Clause 4; Points g, h and k Clause 5; Points dd and m Clause 7; Points e and g Clause 8) in case vehicle owners directly operate the vehicles shall be imposed according to corresponding Points and Clauses of Article 30 of this Decree;

b) Fines for violations relating to certificates and stamps for technical and environmental safety of vehicles prescribed in Article 16 (Point c Clause 4; Points dd and e Clause 5), Article 19 (Point dd Clause 1; Points c and e Clause 2) and corresponding violations prescribed in Article 30 (Points b and e Clause 8; Point c Clause 9) in case the vehicle owners directly operate the vehicles shall be imposed according to corresponding Points and Clauses of Article 30 of this Decree;

c) Fines for violations relating to vehicle operation period and badges prescribed in Article 23 (Point d Clause 6; Point b Clause 7), Article 24 (Point b Clause 5; Point d Clause 6) and corresponding violations prescribed in Article 30 (Point d Clause 8; Point h Clause 9) in case the vehicle owners directly operate the vehicles shall be imposed according to corresponding Points and Clauses of Article 30 of this Decree;

d) Fines for violations relating to service life of vehicles prescribed in Article 16 (Point b Clause 5) and corresponding violations prescribed in Article 28 (Point i Clause 6), Article 30 (Point dd Clause 8) in case the vehicle owners or transport service providers directly operate the vehicles shall be imposed according to corresponding Point i Clause 6 Article 28 or Point dd Clause 8 Article 30 of this Decree;

dd) Fines for violations relating to dimensions of trunks and cargo bays, removal or addition of seats and beds on automobiles prescribed in Article 16 (Points dd and e Clause 3) and corresponding violations prescribed in Article 30 (Points e and g Clause 9) in case vehicle owners directly operate the vehicles shall be imposed according to corresponding Points and Clauses of Article 30 of this Decree;

e) Fines for violations relating to installation and use of tracking devices and cameras on automobiles prescribed in Article 23 (Points g and p Clause 5; Point dd Clause 6), Article 24 (Points a and c Clause 3; Point c Clause 5) and corresponding violations prescribed in Article 28 (Points dd and o Clause 6) in case transport service providers directly operate the vehicles shall be imposed according to corresponding Points and Clauses of Article 28 of this Decree;

g) Fines for violations relating to seat belts and providing passengers with instruction on traffic safety and emergency exit in case of on-board incidents prescribed in Article 23 (Points m and m Clause 3) and corresponding violations prescribed in Article 28 (Point h Clause 2, Point q Clause 4) in case transport service providers directly operate the vehicles shall be imposed according to corresponding Points and Clauses of Article 28 of this Decree;

h) Fines for violations relating to putting up vehicle operation schedules prescribed in Article 23 (Point k Clause 3) and corresponding violations prescribed in Article 28 (Point b Clause 4) in case transport service providers directly operate the vehicles shall be imposed according to corresponding Point b Clause 4 Article 28 of this Decree;

i) Fines for violations relating to vehicle operation schedules and fees prescribed in Article 23 (Points c and l Clause 3), Article 31 (Clauses 2 and 3) and corresponding violations prescribed in Article 28 (Point d Clause 6) in case transport service providers directly operate the vehicles or act as on-board attendants shall be imposed according to corresponding Point d Clause 6 Article 28 of this Decree;

k) Fines for violations relating to picking up and disembarking passengers, loading and unloading cargos prescribed in Article 23 (Point a Clause 7), Article 24 (Point c Clause 6) and corresponding violations prescribed in Article 28 (Point i Clause 7) in case the vehicle owners or transport service providers directly operate the vehicles shall be imposed according to corresponding Point i Clause 7 Article 28 of this Decree;

l) Fines for violations relating to providing passenger transport under contracts and providing tourism transport prescribed in Article 23 (Points h, n and q Clause 5) and corresponding violations prescribed in Article 28 (Point p Clause 4, Point m Clause 6) in case transport service providers directly operate the vehicles shall be imposed according to corresponding Points and Clauses of Article 28 of this Decree;

m) Fines for violations relating to providing passenger transport by taxis prescribed in Article 23 (Points i, o and p Clause 3) and corresponding violations prescribed in Article 28 (Points n and q Clause 6) in case transport service providers directly operate the vehicles shall be imposed according to corresponding Points and Clauses of Article 28 of this Decree;

n) Fines for violations of regulations on transporting oversized cargo, exceeding the maximum permissible limit on payload or passengers prescribed in Articles 23, 24, 25 and 33 and corresponding violations prescribed in Article 30 in case the vehicle owners directly operate the vehicles shall be imposed according to Article 30 of this Decree.

4. Regarding violations of regulations on GVW or dimensional limits of vehicles or road infrastructure prescribed in Article 24 and Article 33 of this Decree, if the vehicle owner or vehicle operator commits both the violations prescribed in Article 24 and the violations prescribed in Article 33 of this Decree, he/she shall incur a penalty for each of the violations; regarding violations of regulations prescribed at Point d Clause 3, Point a Clause 4, Clause 5 and Point a Clause 6 Article 33 of this Decree, in case the vehicle owner or vehicle operator commits both violations of regulations on GVW and gross axle weight, whichever violations leading to a higher fine shall be met with fines.

5. Regarding violations of regulations on vehicular weight and dimensional limits of vehicles, bridges and roads prescribed in Articles 24, 28, 30, 33 and 65 of this Decree, vehicle operators, vehicle owners, transport service providers, transport auxiliary service providers, individuals and organizations loading on automobiles and rolling stocks are forced to cease the violations as follows:

a) The violations prescribed at Points a, b and dd Clause 2; Point b Clause 4; Points a and d Clause 5; Points a and b Clause 6; Clause 7; Points a and b Clause 8 Article 24 shall lead to unloading excess cargos and cargos exceeding dimensional limits according to instruction of competent authorities where the violations are found;

b) The violations prescribed at Point a Clause 1, Clause 3, Clause 5 Article 28 shall lead to unloading cargos exceeding permissible transport weight of the vehicle in case the loaded vehicles have not left the loading areas;

c) The violations prescribed at Points g, h, i and k Clause 7; Point c Clause 8; Points d and dd Clause 9; Points a, e, g and h Clause 10; Clause 11; Clause 12; Clause 13 of Article 30 shall lead to unloading excess cargos and oversize cargos according to instructions of competent authorities where the violations are found;

d) The violations prescribed in Clauses 1, 2, 3, 4, 5 and 6 Article 33 shall lead to unloading excess cargos and cargos exceeding dimensional limits according to instruction of competent authorities where the violations are found;

dd) The violations prescribed at Points a and b Clause 2; Clause 3; Clause 4 Article 65 shall lead to unloading amount of cargos exceeding the vehicular weight according to instruction of competent authorities where the violations are found.

6. The vehicle owners to be sanctioned as prescribed in this Decree include:

a) The individuals or organizations that are the holder of the Certificates of vehicle registration;

b) The vehicle operators who are the spouses of the holders of the Certificates of vehicle registration;

c) The renters of the vehicles leased out by organizations licensed for finance lease;

d) The cooperatives owning the vehicles and applying for registration of automobile transport business;

dd) In case an organization or individual legally uses the vehicle (under vehicle rental agreements with other individuals or organizations, or under business cooperation agreements as prescribed by law) and holds the registration for provision of transport services in form of automobiles of the vehicle, said organization or individual shall be treated as the vehicle owner in terms of imposing fines;

e) An organization or individual purchasing, receiving or inheriting the vehicle that is purchased, gifted, allocated, transferred, or bequeathed without applying for a vehicle registration or vehicle ownership transfer registration shall be treated as the vehicle owner in terms of imposing fines;

g) With respect to combination vehicles (including automobiles towing trailers or semi-trailers and participating in road traffic), in case an automobile owner does not simultaneously own the trailers or semi-trailers, the automobile owner (individual or organization prescribed at Point a of this Clause, or individual or organization prescribed at Points b, c, d, dd and e of this Clause) shall be treated as vehicle owners in terms of imposing fines for violations relating to the trailers or semi-trailers and are being pulled along.

7. When sanctioning upon any of the vehicle owners prescribed in Clause 6 of this Article, the time limit for issuing a sanctioning decision may be extended to not more than 60 days to identify the sanctioned subject as prescribed in Clause 1 Article 66 of the Law on Handling of Administrative Violations.

8. In case an administrative violation is detected by using professional technical measures and devices and a competent authority is unable to bring the violating vehicle to a halt for further actions, the competent authority shall issue notice requesting vehicle owner and relevant individual and organization (if any) to reach the head office for handling the violation; the vehicle owner is responsible for cooperating with the competent authority in identifying operator of the violating vehicle.

a) In case the vehicle owner that is a person fails to cooperate with the competent authority or fails to prove that he/she does not operate the violating vehicle, the vehicle operator shall be met with fines for the found violations;

b) In case the vehicle owner that is an organization fails to cooperate with the competent authority or fails to identify the individual operating the violating vehicle, the organization shall be met with twice the amount of fine imposed on the found violations which shall not exceed the maximum fine amount unless the vehicle is appropriated or illegally used.

9. The person competent to impose fines may use information and specifications of the vehicle prescribed in the latest certificate of technical and environmental safety (even if it has expired) or from the database of the vehicle registry as the basis for determining the violations prescribed in this Decree.

10. The violations prescribed at Point b Clause 4 and Clause 7 Article 30 of this Decree shall be only verified through traffic accident investigations or through vehicle registration.

11. Persons competent to impose fines may utilize information and images recorded by sound and image recording devices provided by individuals and organizations to verify and detect the violations prescribed in this Decree.

Minister of Public Security shall provide procedures for converting results collected from methods and devices other than professional methods and devices handed over by individuals and organizations into evidence to determine administrative violations in road and railway transport.

12. If a vehicle owner (owner of automobile, trailer, semi-trailer or special-use vehicle) fails to arrive at the head office of competent authority to handle the violations before the time limit prescribed in administrative violation notice or notice of persons entitled to impose fines, the persons entitled to impose fines shall inform inspection authority to warn and place the vehicle related to administrative violations under inspection management program.

When the vehicle arrives for inspection, the inspection authority shall inform the person operating the vehicle about the violation, carry out inspection as prescribed by law with the vehicle and issue certificates and stamps of technical and environmental safety with 15 days of validity.

After the person committing the violation arriving at the head office of competent authority to handle the violation as prescribed by law, the person entitled to impose fines must promptly inform the inspection authority to remove the warnings against the vehicle related to administrative violation on the inspection management program, carry out the inspection and issue certificate and stamp of technical and environmental safety according to applicable laws.

13. The vehicle operator may use a certified true copy of the certificate of vehicle registration (in case of road vehicle) or a certified true copy of the certificate of rolling stock registration (in case of rolling stocks) together with the master register of valid receipt notice of a credit institution in place of the master register of the certificate of vehicle registration or the certificate of rolling stock registration which is currently being held by the credit institution.

Article 81. Suspension of licenses, practicing certificates, and rail transport business operation

1. Licenses and practicing certificates related to road and rail transport that are suspended including:

a) National driving licenses; international driving licenses issued by governments of member states of 1968 Convention of Road Traffic (except for international driving licenses granted by Vietnam’s authorities);

b) Certificates of training in road traffic rules;

c) Licenses for transport business;

d) Badges, licenses of automobiles used for transport business;

dd) Certificates of technical and environmental safety and stamps of technical and environmental safety of vehicles;

e) Construction licenses;

g) Certificate of qualified driving test center;

h) Certificate of eligibility for motor vehicle inspection;

i) Inspector’s certificates;

k) Train driver’s licenses.

2. The suspension duration of a license or practicing certificate or transport business operation for a violation prescribed in this Decree is the average level of the bracket. The minimum level shall apply if there is a mitigating factor; the maximum level shall apply if there is an aggravating factor.

3. Beginning date of the suspension period:

a) The suspension period shall begin on the effective date of the decision on sanctioning if the sanctioning person is able to confiscate the violator’s license or practicing certificate on such day;

b) If the sanctioning person is not able to confiscate the violator’s license or practicing certificate when the sanctioning decision is issued, the person competent to impose fines shall still imposed fines for the violations. The sanctioning decision must specify the initial date of suspension from license and practicing certificate to be the date on which the person committing the violation presents the license and practicing certificate to persons competent to impose fines;

c) When confiscating and returning the license or practicing certificate as prescribed in Point a and Point b of this Clause, the sanctioning person shall make records and retain documents about the sanctioning.

4. During the suspension period, if the violator still keeps doing the activities in the license or practicing certificate, such violator shall be sanctioned for operating without a license or practicing certificate.

5. If the remaining validity period of the license or practicing certificate is shorter than the suspension period, the sanctioning person shall still issue the sanctioning decision. During suspension period, the organization or individual shall not follow procedures for issuance of new or revised license and practicing certificate.

6. Suspension of international driving licenses

a) The period of suspension of an international driving license issued by the government of a Member State of 1968 Convention of Road Traffic (except for international driving licenses granted by Vietnam’s authorities) shall comply with Clause 2 of this Article. Such period shall not exceed the remaining period of residence in Vietnam of the person whose international driving license is suspended;

b) Every vehicle operator using an international driving license issued by the government of a Member State of 1968 Convention of Road Traffic shall present documents proving the remaining period of residence in Vietnam (certificate of temporary residence, temporary residence card) to the sanctioning person as the basis for determination of the suspension period of the international driving license.

Article 82. Impounding vehicles and papers related to operators and vehicles at fault

1. Pursuant to Clause 2 Article 125 of the Law on Handling of Administrative Violations, in order to immediately stop the violation, the person competent to impose fines may impound the vehicle for up to 07 days before issuing a sanctioning decision for the violations prescribed at:

a) Point c Clause 6; Points a and c Clause 8; Clause 10 Article 5;

b) Points b and c Clause 6; Point c Clause 7; Points a, b, c, d, e, g, h and i Clause 8, Clause 9 Article 6;

c) Point c Clause 6; Point b Clause 7; Points a and b Clause 8; Clause 9 Article 7;

d) Point q Clause 1; Point d, Point dd (in case persons operating the vehicles committing the violations are under 16 years of age), Point e Clause 3; Points a, c and d Clause 4 Article 8;

dd Clause 9 Article 11;

e) Points a, b, c and dd Clause 4; Points d, dd and e Clause 5 Article 16;

g) Clause 2 Article 17;

h) Points b and dd Clause 1; Points c, d, dd and e Clause 2 Article 19;

i) Clause 1; Points a and c Clause 4; Clause 5; Clause 6; Clause 7; Clause 8 Article 21;

k) Points dd, g, h and k Clause 5; Point m Clause 7; Points b, e, g, and h Clause 8; Point c Clause 9 Article 30;

l) Point b Clause 6 Article 33.

2. In order to ensure the implementation of the sanctioning decision, or to verify the facts before issuing the sanctioning decision, the person competent to impose fines may impound the vehicles and papers related to the operator committing one of the violations in this Decree according to Clause 6 and Clause 8 Article 125 of the Law on Handling of Administrative Violations. When the papers are impounded according to Clause 6 Article 125 of the Law on Handling of Administrative Violations, if the violator fails to settle the case at a competent authority after the arranged date, and keeps operating the vehicle, he/she shall be subject to the fines for the acts of operating a vehicle without papers.

3. If a vehicle operator fails to present any, some or all of the papers (driving license, certificate of vehicle registration and certificate of technical and environmental safety) as prescribed by law during inspection:

a) Competent persons shall prepare administrative violation notice against the vehicle operator for papers that he/she lacks and prepare administrative violation notice against vehicle owner for respective violations prescribed in Article 30 of this Decree and impound the vehicle as prescribed by law;

b) During the time limit for handling the violation prescribed in the administrative violation notice, if the violator presents the papers as prescribed by law, the competent person shall impose fines for failing to carry proper papers on the vehicle operator (without imposing fines on the vehicle owner);

c) If the violator presents or fails to present the papers as prescribed by law before the time limit for handling the violation prescribed in the administrative violation notice expires, the violator shall comply with decision on administrative fines imposed as prescribed by law for violations stated in the administrative violation notice.

4. When the vehicle is impounded as prescribed in Clause 1 and Clause 2 of this Article, the vehicle owner shall incur the costs (if any) of using another vehicle to transport the passengers and goods on the impounded vehicle.

Article 83. Use of information from technological devices provided by organizations responsible for road/rail infrastructure operation as the basis for imposition of fines for road/rail transport- related violations

1. The person competent to impose fines prescribed in Article 75, Article 76 and Article 77 of this Decree may use information from vehicle weighing devices, tachometers capable of video recording, video and audio recorders provided by organizations responsible for road/rail infrastructure operation as the basis for imposition of fines for road/rail transport-related violations.

2. The devices mentioned in Clause 1 of this Article must be inspected, calibrated, and tested in accordance with law before being put into use; fulfillment of technical regulations and standards shall be maintained throughout the intervals between two inspections.

3. The use of such devices shall comply with Clause 2 Article 64 of the Law on Handling of Administrative Violations.

4. The person using the technological device must:

a) Be an employee of the organization responsible for road/rail infrastructure operation;

b) Grasp the method for management and use of such device;

c) Be trained in using and maintaining the device and relevant regulations of Law on Handling of Administrative Violations;

d) Follow procedures, ensure safety, protect and maintain the device, and take responsibility for the use of the device.

5. The Minister of Public Security and the Minister of Transport shall promulgate legal documents on procedures for using technological devices; disseminate regulations of law; provide training courses; carry out inspections and take actions against regulations on management and use of the technological devices prescribed in Clause 1 of this Article.

 

Chapter V

IMPLEMENTATION PROVISIONS

 

Article 84. Effect

1. This Decree takes effect on January 01, 2020.

2. This Decree replaces the Government’s Decree No. 46/2016/ND-CP dated May 26, 2016, on administrative fines for road traffic offences and rail transport offences.

Article 85. Transitional provisions

For the road traffic-related violations and rail transport-related violations committed before the effective date of this Decree and discovered afterwards, whichever regulations that are advantageous to the violating organizations and individuals shall prevail.

Article 86. Responsibility for implementation

Ministers, Heads of ministerial-level agencies, Heads of Government-attached agencies, Chairpersons of the People’s Committees of provinces and centrally run cities shall implement this Decree./.

 

For the Government

The Prime Minister

Nguyen Xuan Phuc