Nghị định 46/2016/NĐ-CP xử phạt VPHC lĩnh vực giao thông

THE GOVERNMENT 

DecreeNo. 46/2016/ND-CP dated May 26, 2016 of the Government on administrative penalties for road traffic offences and rail transport offences

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

Pursuant to the Law on Penalties for administrative violations dated June 20, 2012;

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

Pursuant to the Law on Rail transport dated June 14, 2005;

At the request of the Minister of Transport;

The Government promulgates a Decree on penalties for administrative road traffic offences and rail transport offences.

Chapter I

GENERAL PROVISIONS

Article 1.Scope of regulation

1. This Decree deals with administrative violations, penalties, fines, remedial measures, the power to impose penalties and fines for road traffic offences and rail transport offences.

2. Other Decrees on administrative penalties for corresponding violations shall apply to administrative violations pertaining road traffic and rail transport that are not regulated by this Decree.

Article 2.Subject of application

1. Organizations and individuals that commit road traffic offences and rail transport offences within the territory of Socialist Republic of Vietnam.

2. The persons having the power to impose penalties.

3. Relevant organizations and individuals.

Article 3. Definitions

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

1. Road traffic:

a) Tractor-trailer means a motor vehicle with a steering wheel that tows a trailer (which can be detached from the tractor);

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

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

d) An electric motorcycle means a two-wheel vehicle run by an electric engine with power not exceeding 4 kW, maximum speed not exceeding 50 km/h;

dd) A moped means a motor vehicle that has two or three wheels with a maximum speed not exceeding 50 km/h, except for the vehicles in Point e of this Clause;

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

2. Rail transport:

a) Humps are a system serving railway shunting. When the consist is shoved by a locomotive to the top of the hump, the coaches shall be detached and propelled by gravity to various tracks in the classification yard;

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

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

d) Detachment means a method where a group of coaches is detached while the consist is moving;

dd) Signaling code means the regulations on orders, signals and proper responses to such orders and signals;

e) Warnings are written notifications to railway workers that directly serve the train operation of unusual conditions of the railway infrastructure, the railway vehicles, and other cases, specifying measures for ensuring train operation safety;

g) Railway clearance means the space along the railway line that ensures the train is not struck against while running;

h) Crossing length means the length of the part of road that crosses the railway line and lies between two barriers, or the distance between two outer rails of the bridge plus (+) 06 meters to both sides if no barriers are available.

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

Article 4. Remedial measures and implementation rules

1. Remedial measures for damage caused by administrative road traffic offences and rail transport offences:

a) Repair the damage caused by the violations.

b) Removal of the construction or part of the construction that is not licensed or built against the license;

c) Elimination of environmental pollution caused by the violations;

d) Removal from Vietnam or re-export of vehicles;

dd) Return of the illegal profits generated by the violation;

e) Other remedial measures specified in Chapter II and Chapter III of this Decree.

2. The rules for taking remedial measures are specified in Clause 2 Article 28 of the Law on Penalties for administrative violations.

Chapter II

VIOLATIONS, PENALTIES, FINES AND REMEDIAL MEASURES FOR ADMINISTRATIVE ROAD TRAFFIC OFFENCES

SECTION 1. VIOLATIONS AGAINST TRAFFIC RULES

Article 5. Penalties imposed upon operators and passengers on cars and car-like vehicles violating traffic rules

1. A fine of VND 100,000 - VND 200,000 shall be imposed for any of the following violations:

a) Disobeying road signs or road markings, except for the violations specified in Point a, Point g, Point h, Point i, Point k, Point l Clause 2; Point a, Point d, Point dd, Point e, Point k Clause 3; Point a, Point b, Point c, Point d, Point dd, Point h, Point i Clause 4; Point a Clause 5; Point b, Point c, Point dd Clause 6; Point a, Point c Clause 7; Point a, Point dd Clause 8 of this Article;

b) Turning without yielding to the pedestrians and wheelchairs of the disabled that cross the street at crosswalks, or without yielding to non-motorized vehicles running in the cycle lane.

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

d) Stopping or parking without signaling;

dd) Occupying part of the roadway when parking on the street without placing a warning sign as prescribed, except for the violations specified in Point c Clause 7 of this Article and parking at permissible positions.

e) No placement of signs in front of the towing vehicle and behind the towed vehicle; operating a tractor-trailer without signs as prescribed;

g) Causing a collision with the vehicle ahead due to failure to keep a safe distance; failure to keep the safe distance in accordance with the “Safe distance” sign, except for the violations specified in Point h Clause 4 of this Article;

h) Failure to comply with the regulations on yielding at intersections, except for the violations specified in Point d and Point dd Clause 2 of this Article;

i) Honking from 10 pm to 5 am in rural areas or residential areas, except for emergency vehicles on duty;

k) Failure to fasten the seat belt (if available) while the vehicle is running;

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

2. A fine of VND 300,000 - VND 400,000 shall be imposed for any of the following violations:

a) Changing lanes where prohibited or without signaling, except for the violations specified in Point h Clause 4 of this Article;

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

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

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

dd) Failure to allow another vehicle to overtake at their request when it is safe to do so; failure to yield to vehicles in the emergency lane or on the major road at the intersection.

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

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 flow; parking on a slope without choking the wheels; opening doors carelessly or leaving doors unsafely open;

h) Failure to stop the vehicle close to the sidewalk on the right side, or the right wheel is more than 0.25 m away from the side walk; stopping on the tramway or bus lane; stopping right above a manhole, cable duct opening, at a fire hydrant; getting out of the driving position or turning off the engine while stopping; stopping or parking at inappropriate positions where parking space is provided; stopping or parking at the crosswalk; stopping where a “No stopping and parking” sign is erected, except for the violations specified in Point c Clause 7 of this Article;

i) Making a u-turn in a residential area against the rules;

k) Making an u-turn at a crosswalk, on a bridge, at a bridge approach, under an overpass or underpass, on a narrow road, sloping road, or curved roads where view is blocked, or where a “No u-turn” sign is erected;

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

m) Operating a vehicle which involves in an accident without stopping the vehicle, protecting the crash scene, or giving first aid to the victims, except for the violations specified in Point b Clause 7 of this Article.

3. A fine of VND 600,000 - VND 800,000 shall be imposed for any of the following violations:

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

b) Continuously honking, revving up the engine, using air horns or high beam in an urban area or residential area, except for emergency vehicles on duty;

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

d) Failure to obey the regulations on stopping or parking at intersection with the railway; stopping or parking within the railway safety perimeter, except for the violations specified in Point b Clause 2, Point b Clause 3 Article 48 hereof;

dd) Stopping or parking on the left side of a one-way road, on a curved road or near the top of the slope where view is blocked, on a bridge, under an overpass, parallel to a stopping or parking vehicle, at an intersection within 05 m from the edge of the intersection, at a bus stop, in front of or within 05 m beside a gate of an organization that has car way, on a road that is wide enough for only one lane; blocking road signs when stopping or parking;

e) Failure to stop the vehicle close to the sidewalk on the right side, or the distance from the right wheel to the sidewalk exceeds 0.25 m; stopping on the tramway or bus lane; stopping right above a manhole, cable duct opening, at a fire hydrant; parking on the sidewalk against the law; parking where a “No parking” sign or “No stopping and parking” sign is erected, except for the violations specified in Point c Clause 7 of this Article;

g) Failure to turn on the lights or using insufficient lighting from 7 pm to 5 am or in a foggy or bad weather when visibility is short; using the full beam when facing oncoming vehicles, except for the violations specified in Point c Clause 6 of this Article;

h) Towing another vehicle or object (except for a trailer, semi-trailer, car, or heavy-duty vehicle that cannot run itself); operating a car pushing another vehicle or object; towing a trailer or semi-trailer and another trailer or another vehicle or object; failure to safely connect the towing and towed vehicles;

i) Carrying passengers on the towed vehicle, except for the driver;

k) Making a u-turn at an intersection with a railway;

l) Using a cell phone with hands while operating the vehicle on public roads.

4. A fine of VND 800,000 - VND 1,200,000 shall be imposed upon a vehicle operator who commits any of the following violations:

a) Going through a road tunnel without using the lower beam; reversing, making a u-turn in a road tunnel; overtaking at inappropriate positions in a road tunnel;

b) Entering a blocked road or restricted area; going against traffic flow of a one-way road or a road where a “no entry” sign is erected, except for the violations specified in Point a Clause 8 of this Article and emergency vehicles on duty;

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

d) Operating the vehicle at a lower speed than the lowest permissible speed;

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

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

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

dd) Breaking the rules when entering or leaving the freeway; going in the emergency lane or on the shoulder of the freeway; changing lanes on a freeway at inappropriate positions or without signals; making an u-turn, reversing on the freeway; failure to keep a safe following distance on the freeway;

i) Stopping or parking at inappropriate positions in a road tunnel.

5. A fine of VND 1,200,000 - VND 2,000,000 shall be imposed upon a vehicle operator who commits any of the following violations:

a) Failure to comply with the traffic lights;

b) Failure to obey the orders or instructions of the traffic conductor or traffic guard.

6. A fine of VND 2,000,000 - VND 3,000,000 shall be imposed upon a vehicle operator who commits any of the following violations:

a) Operating a vehicle under the influence of alcohol but alcohol content in blood or breath does not exceed 50 mg per 100 ml of blood or 0.25 mg per liter of breath;

b) Overtaking where overtaking is prohibited; overtaking without prior signal; overtaking on the right side of another vehicle without permission unless the vehicles in the right lane are permitted to run faster than those in the left lane;

c) Dodging oncoming vehicles improperly; failure to yield to oncoming vehicles where the road is narrow, sloping, or obstructed;

d) Failure to yield to or obstructing emergency vehicles on duty that are sending out emergency signals;

dd) Exceeding the speed limits by 10 km/h - 20 km/h.

7. A fine of VND 5,000,000 - VND 6,000,000 shall be imposed upon a vehicle operator who commits any of the following violations:

a) Exceeding the speed limits by >20 km/h to 35 km/h;

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

c) Failure to comply with regulations on stopping or parking on the freeway; stopping, parking on the freeway without placing a warning sign as prescribed.

8. A fine of VND 7,000,000 - VND 8,000,000 shall be imposed upon a vehicle operator who commits any of the following violations:

a) Going against the traffic flow on a freeway, except for emergency vehicles on duty;

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

c) Causing accidents due to lack of observation or speeding; causing accidents due to improper dodging or overtaking, or failure to keep a safe following distance;

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

dd) Exceeding the speed limits by more than 20 km/h.

9. A fine of VND 16,000,000 - VND 18,000,000 shall be imposed upon a vehicle operator who commits any of the following violations:

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

b) Disobeying traffic conductor’s or law enforcement officer’s order for alcohol testing.

c) Disobeying traffic conductor’s or law enforcement officer’s order for drug testing.

10. A fine of VND 18,000,000 - VND 20,000,000 shall be imposed upon an operator who commits any of the violations specified in Point d Clause 8 of this Article and fails to stop on a law enforcement officer’s order or causes a traffic accident.

11. The driving license shall be suspended for 22 - 24 months (if any) or a fine of VND 16,000,000 - VND 18,000,000 shall be imposed (if the operator does not have a driving license or his driving license is under suspension) for operating a vehicle on public roads under the influence of drugs.

12. Apart from incurring fines, the violating operator shall also incur the following additional penalties:

a) The violation(s) specified in Point e Clause 4 of this Article shall lead to confiscation of the warning device installed against the law;

b) The violation(s) specified in Point h, Point i Clause 3; Point b, Point c, Point e, Point g, Point h Clause 4; Clause 5; Point a, Point b, Point d Clause 6; Point a, Point c Clause 7 of this Article shall lead to suspension of the driving license for 1 – 3 months;

c) The violation(s) specified in Point b Clause 7; Point c, Point d, Point dd Clause 8 of this Article shall lead to suspension of the driving license for 2 – 4 months. The violation(s) specified in Point a, Point b, Point c, Point d, Point dd, Point e, Point g, Point h Clause 1; Point a, Point b, Point d, Point dd, Point g, Point h, Point i, Point k, Point l Clause 2; Point b, Point c, Point d, Point dd, Point e, Point g, Point h, Point k, Point l Clause 3; Point a, Point b, Point c, Point e, Point g, Point h, Point i Clause 4; Clause 5; Point a Clause 6; Point c Clause 7 of this Article that causes a traffic accident shall lead to suspension of the driving license for 2 – 4 months;

d) The violation(s) specified in Point b Clause 8, Clause 10 of this Article or recommitment of the violation specified in Point d Clause 8 of this Article shall lead to suspension of the driving license for 3 – 5 months;

dd) The violation(s) specified in Point a Clause 8, Clause 9 of this Article shall lead to suspension of the driving license for 4 – 6 months.

Article 6. Penalties imposed upon operators and passengers on mopeds and motorcycles (including electric motorcycles) and motorcycle-like vehicles violating road traffic rules

1. A fine of VND 60,000 - VND 80,000 shall be imposed for any of the following violations:

a) Disobeying road signs or road markings, except for the violations specified in Point a, Point d, Point dd, Point h Clause 2; Point c, Point dd, Point h, Point m Clause 3; Point c, Point d, Point g, Point i Clause 4; Point a, Point b, Point c, Point d, Point e Clause 5; Point b Clause 7; Point a Clause 8; Point d Clause 9 of this Article;

b) No signaling before overtaking;

c) Failure to keep a safe distance that leads to a collision with the vehicle ahead; failure to keep a safe distance in accordance with the sign “Safe distance”;

d) Turning without yielding to the pedestrians and wheelchairs of the disabled that cross the street at crosswalks or non-motorized vehicles running in the cycle lane;

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

e) Reversing motor tricycles without observation or signaling;

g) Using a high beam when facing oncoming vehicles;

h) Carrying a passenger who uses an umbrella;

i) Failure to comply with the regulations on yielding at intersections, except for the violations specified in Point d Clause 2, Point b Clause 3 of this Article.

2. A fine of VND 80,000 - VND 100,000 shall be imposed upon a vehicle operator who commits any of the following violations:

a) Changing lanes where prohibited or without signaling;

b) Going three abreast or more;

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

d) Failure to allow another vehicle to overtake when it is safe to do so; failure to yield to vehicles in the emergency lane or on the major road at the intersection.

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

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

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

h) Making a u-turn where u-turn is not permitted.

3. A fine of VND 100,000 - VND 200,000 shall be imposed for any of the following violations:

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

b) Failure to reduce speed and yield when entering a major road from an alley or a minor road;

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

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

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

e) Continuously honking, revving the engine in urban areas or residential areas, except for the emergency vehicles on duty;

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

h) Stopping, parking on the tramway, at the bus stop, at an intersection, at a crosswalk; stopping where a “No stopping and parking” sign is erected, parking where a “No parking” sign or “No parking and stopping” sign is erected; breaking the rules on stopping and parking at intersection with the railway; stopping or parking within the railway safety perimeter, except for the violations specified in Point b Clause 2, Point b Clause 3 Article 48 of this Decree;

i) The operator or the passenger on the vehicle does not wear a motorcycle helmet or does not wear it properly;

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

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) Operating the vehicle at a lower speed than the lowest permissible speed;

n) The vehicle is operated by the person from behind another person, unless such other the person is a child;

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

4. A fine of VND 300,000 - VND 400,000 shall be imposed for any of the following violations:

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

b) Carrying 03 people or more on the vehicle;

c) Failure to obey the traffic lights;

d) Stopping or parking on a bridge;

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

e) Operating a vehicle which involves in an accident without stopping the vehicle, protecting the crash scene, or giving first aid to the victims, except for the violations specified in Point c Clause 7 of this Article.

g) Failure to keep the vehicle to the right; going in the wrong lane or on the sidewalk, unless for entering a house;

h) Overtaking on the right side where prohibited;

i) Entering a blocked road or restricted area; going against the traffic flow of a one-way road or a road where a “no entry” sign is erected, except for emergency vehicles on duty;

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

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

m) Disobeying the orders or instructions of the traffic conductor or traffic guard.

5. A fine of VND 500,000 - VND 1,000,000 shall be imposed upon a vehicle operator who commits any of the following violations:

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

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

c) Overtaking where prohibited, except for the violations specified in Point h Clause 4 of this Article;

d) Going through a road tunnel without using the lower beam; overtaking at inappropriate positions in a road tunnel; making a u-turn in a road tunnel;

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

e) Stopping or parking at inappropriate positions in a road tunnel.

6. A fine of VND 1,000,000 - VND 2,000,000 shall be imposed upon a person operating a vehicle while BAC exceeds 50 - 80 mg per 100 ml of blood, or BrAC exceed 0.25 - 0.4 mg per liter of breath;

7. A fine of VND 2,000,000 - VND 3,000,000 shall be imposed upon a vehicle operator who commits any of the following violations:

a) Letting the side stand or other objects touching against the road while running;

b) Causing accidents due to lack of observation or speeding; causing accidents due to illegal overtaking or lane changing;

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

8. A fine of VND 3,000,000 - VND 4,000,000 shall be imposed upon a vehicle operator who commits any of the following violations:

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

b) Disobeying a law enforcement officer’s order for alcohol or drug testing;

c) Operating the vehicle while BAC exceeds 80 mg per 100 ml of blood or BrAC exceeds 0.4 mg per liter of breath.

9. A fine of VND 5,000,000 - VND 7,000,000 shall be imposed upon a vehicle operator who commits any of the following violations:

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

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

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

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

10. A fine of VND 10,000,000 - VND 14,000,000 shall be imposed upon an operator who commits any of the violations specified in Clause 9 of this Article and causes a traffic accident or fails to stop on a law enforcement officer’s order.

11. The driving license shall be suspended for 22 - 24 months (if any) or a fine of VND 3,000,000 - VND 4,000,000 shall be imposed (if the operator does not have a driving license or his driving license is under suspension) for operating a vehicle on public roads under the influence of drugs.

12. Apart from incurring fines, the violating operator shall also incur the following additional penalties:

a) The violation(s) specified in Point g Clause 3 of this Article shall lead to confiscation of the warning device installed illegally;

b) The violation(s) specified in Point b, Point c, Point i, Point m Clause 4; Point b, Point dd Clause 5; Clause 6; Point a Clause 7; Point a Clause 8 of this Article shall lead to suspension of the driving license for 1 – 3 months;

c) The violation(s) specified in Point b, Point c Clause 7; Clause 9 of this Article shall lead to suspension of the driving license for 2 – 4 months; recommitment of the violation specified in Clause 9 of this Article shall lead to suspension of the driving license for 3 – 5 months or confiscation of the vehicle. The violation(s) specified in Point a, Point c, Point d, Point dd, Point e, Point g, Point h, Point i Clause 1; Point b, Point c, Point d, Point dd, Point h Clause 2; Point a, Point b, Point dd, Point g, Point h, Point m, Point n, Point o Clause 3; Point a, Point b, Point c, Point d, Point g, Point i, Point k, Point m Clause 4; Point b, Point d, Point dd, Point e Clause 5 of this Article that causes a traffic accident shall lead to suspension of the driving license for 2 – 4 months;

d) The violation(s) specified in Point b, Point c Clause 8; Clause 10 of this Article shall lead to suspension of the driving license for 3 – 5 months.

Article 7. Penalties imposed upon operators of tractors and heavy-duty vehicles (hereinafter referred to as vehicles) violating traffic rules

1. A fine of VND 80,000 - VND 100,000 shall be imposed for any of the following violations:

a) Disobeying road signs or road markings, except for the violations specified in Point a, Point b, Point c, Point d, Point dd, Point e, Point i Clause 2; Point a, Point b, Point c, Point dd Clause 3; Point a, Point b, Point d, Point dd, Point g, Point i Clause 4; Point a, Point c Clause 5; Point c, Point d Clause 6; Point c Clause 7 of this Article;

b) Turning without yielding to the pedestrians and wheelchairs of the disabled that cross the street at crosswalks, or without yielding to non-motorized vehicles running in the cycle lane.

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

2. A fine of VND 100,000 - VND 200,000 shall be imposed for any of the following violations:

a) Making an u-turn at a crosswalk, on a bridge, at a bridge approach, under an overpass or underpass, on a narrow road, sloping road, or curved roads with poor visibility, or where a “No u-turn” sign is erected;

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

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

d) Stopping, parking on the roadway outside urban areas where the sidewalk is spacious; stopping or parking away from the right curb where the sidewalk is narrow or unavailable; stopping or parking at inappropriate positions where parking positions are provided; parking on a slope without chocking the wheels; stopping where a “No stopping and parking” sign No u-turn” sign; parking where a “No parking” sign “or “No parking and stopping” sign No u-turn” sign, except for the violations specified in Point d Clause 6 of this Article;

dd) Stopping or parking on the left side of a one-way road, on a curved road or near the top of the slope where view is blocked, on a bridge, under an overpass, parallel to a stopping or parking vehicle, at an intersection within 05 m from the edge of the intersection, at a bus stop, in front of or within 05 m beside a gate of an organization that has car way, on a road that is wide enough for only one lane; stopping or parking in a manner that block road signs;

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

d) Stopping or parking without signaling;

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

i) Parking on the sidewalk against the law.

3. A fine of VND 200,000 - VND 400,000 shall be imposed for any of the following violations:

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

b) Entering a blocked road or a restricted area; going against the traffic flow on a one-way road or a road where a “no entry” sign No u-turn” sign;

c) Failure to keep the vehicle to the right; going in the wrong lane, except for the violations specified in Point d Clause 4 of this Article;

d) Continuously honking, revving the engine, using the high beam in the urban area or residential area, except for emergency vehicles on duty;

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

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

g) Operating a vehicle that involves in an accident without stopping the vehicle, protecting the crash scene, or giving first aid to the victims, except for the violations specified in Point b Clause 6 of this Article.

4. A fine of VND 400,000 - VND 600,000 shall be imposed for any of the following violations:

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

b) Operating the vehicle at a lower speed than the lowest permissible speed;

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

d) Failure to obey the rules when entering or leaving the freeway; going in the emergency lane or on the shoulder of the freeway; changing lanes on a freeway at inappropriate positions or without signals; making an u-turn, reversing on the freeway; failure to keep a safe following distance on the freeway;

dd) Failure to obey the regulations on stopping or parking at intersections with the railway; stopping or parking within the railway safety perimeter, except for the violations specified in Point b Clause 2, Point b Clause 3 Article 48 hereof;

e) Disobeying the orders or instructions of the traffic conductor or traffic guard;

g) Failure to obey the traffic lights;

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

i) Making a u-turn at an intersection with a railway;

5. A fine of VND 800,000 - VND 1,000,000 shall be imposed for any of the following violations:

a) Failure to turn on the lights in a road tunnel; reversing or making a u-turn in a road tunnel;

b) Failure to take safety measures when the vehicle breaks down at an intersection with the railway;

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

6. A fine of VND 2,000,000 - VND 3,000,000 shall be imposed for any of the following violations:

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

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

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

d) Failure to comply with regulations on stopping or parking on the freeway; stopping, parking on the freeway without placing a warning sign as prescribed.

7. A fine of VND 5,000,000 - VND 7,000,000 shall be imposed for any of the following violations:

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

b) Disobeying a law enforcement officer’s order for alcohol or drug testing;

c) Operating a heavy-duty vehicles 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;

8. The violator shall have the license to drive tractors (of the tractor operator) or the certificate of training in traffic rules (of the heavy-duty vehicle operator) suspended for 22 - 24 months, or incur a fine of VND 5,000,000 - VND 7,000,000 (if the license to drive tractors or certificate of training is not available or is suspended) for operating such vehicle under the influence of drugs.

9. Apart from incurring fines, the violating operator shall also incur the following additional penalties:

a) The license to drive tractor (of the tractor operator) or the certificate of training in traffic rules (of the heavy-duty vehicle operator) shall be suspended for 1 – 3 months when any of the violations specified in Point c, Point d, Point e, Point g Clause 4; Clause 5; Point a, Point c, Point d Clause 6; Point c Clause 7 of this Article is committed;

b) The license to drive tractor (of the tractor operator) or the certificate of training in traffic rules (of the heavy-duty vehicle operator) shall be suspended for 2 – 4 months if any of the violations specified in Clause 1; Clause 2; Clause 3; Clause 4; Clause 5; Point a, Point c, Point d Clause 6; Point c Clause 7 of this Article is committed and leads to a road accident, or any of the violations specified in Point b Clause 6; Point a, Point b Clause 7 of this Article is committed.

Article 8. Penalties imposed upon operators and passengers on bicycles, motored bicycles, and other non-motorized vehicles violating traffic rules

1. A warning or fine of from 50,000 - VND 60,000 shall be imposed for:

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

b) Stopping suddenly; turning without signaling;

c) Disobeying road signs or road markings, except for the violations specified in Point b; Point h Clause 2; Point e Clause 4 of this Article;

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, motored bicycles; going two abreast or more with other non-motorized vehicles;

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

i) Operating a non-motorized vehicle at night without lights or reflectors.

2. A fine of VND 60,000 - VND 80,000 shall be imposed upon a vehicle operator who commits any of the following violations:

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

b) Failure to obey the regulations on stopping or parking at intersections with the railway, except for the violations specified in Point b Clause 2, Point b Clause 3 Article 48 hereof;

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

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

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

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

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

h) Failure to comply with the traffic lights.

3. A fine of VND 80,000 - VND 100,000 shall be imposed for any of the following violations:

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

b) Disobeying the orders or instructions of the traffic conductor or traffic guard;

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

4. A fine of VND 100,000 - VND 200,000 shall be imposed for any of the following violations:

a) Weaving, speeding and chasing on public roads;

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

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

d) The operator or the passenger on the motored bicycle not wearing motorcycle helmets properly or wearing helmets improperly;

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

e) Entering a blocked road or restricted area; going against the traffic flow on a one-way road or a road where a “no entry” sign No u-turn” sign.

5. A fine of VND 400,000 - VND 600,000 shall be imposed upon any vehicle operator who enters the freeway, except for the vehicles serving management and maintenance of the freeway.

6. Apart from incurring fines, the vehicle operator that recommits any of the violations specified in Point a or Point b Clause 4 of this Article shall also have his/her vehicle confiscated.

Article 9. Penalties imposed upon pedestrians violating traffic rules

1. A warning or fine of from 50,000 - VND 60,000 shall be imposed for:

a) Going in the wrong part of the roadway, except for the violations mentioned in Point b Clause 2 of this Article;

b) Disobeying traffic lights, road signs, or road markings;

c) Disobeying the orders or instructions of the traffic conductor or traffic guard;

2. A fine of VND 60,000 - VND 80,000 shall be imposed for any of the following violations:

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

b) Crossing the median strip; crossing the street unsafely or at inappropriate positions;

c) Hanging from a moving vehicle;

3. A fine of VND 100,000 - VND 200,000 shall be imposed upon any pedestrians that walks on a freeway, except for the persons in charge of management and maintenance of the freeway.

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

1. A warning or fine of from 50,000 - VND 60,000 shall be imposed for any of the following violations:

a) Failure to give way; failure to give hand signals when making a turn;

b) Disobeying traffic lights, road signs, or road markings;

c) Failure to clean up waste matters of animals on the street.

2. A fine of VND 60,000 - VND 80,000 shall be imposed for any of the following violations:

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

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

c) Going two abreast or more;

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

dd) Using a vehicle without signals.

3. A fine of VND 80,000 - VND 100,000 shall be imposed for any of the following violations:

a) Disobeying 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.

4. A fine of VND 400,000 - VND 600,000 shall be imposed upon any person who rides or leads an animal on a freeway or operates an animal-powered vehicle on a freeway.

5. Apart from incurring the penalties, the person that commits any of the violations specified in Point c Clause 3 of this Article shall also be compelled to remove the excess amount of cargo or rearrange the cargo properly.

Article 11. Penalties for other violations against traffic rules

1. A fine of VND 100,000 - VND 200,000 shall be imposed upon an individual, VND 200,000 - VND 400,000 upon an organization that commits any of the following violations:

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

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

2. A fine of VND 200,000 - VND 400,000 shall be imposed upon an individual, VND 400,000 - VND 800,000 upon an organization that places objects blocking a road sign or traffic light.

3. A fine of VND 500,000 - VND 1,000,000 shall be imposed upon an individual, VND 1,000,000 - VND 2,000,000 upon an organization that commits any of the following violations:

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

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

4. A fine of VND 2,000,000 - VND 4,000,000 shall be imposed upon an individual, VND 4,000,000 - VND 8,000,000 upon an organization that deliberately muddles the crash scene, except for the violations specified in Point m Clause 2, Point b Clause 7 Article 5; Point e Clause 4, Point c Clause 7 Article 6; Point g Clause 3, Point b Clause 6 Article 7; Point c Clause 4 Article 8 hereof.

5. A fine of VND 4,000,000 - VND 6,000,000 shall be imposed upon an individual, VND 8,000,000 - VND 12,000,000 upon an organization disobeys a law enforcement officer’s order for inspection, except for the violations specified in Point b, Point c Clause 9, Clause 10 Article 5; Point b Clause 8, Clause 10 Article 6; Point b Clause 7 Article 7; Point b Clause 6 Article 33 hereof.

6. A fine of VND 6,000,000 - VND 8,000,000 shall be imposed upon an individual that commits any of the following violations:

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

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

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

7. Apart from incurring fines, a vehicle operator that commits any of the violations specified in Clause 5 of this Article shall also have his/her driving license suspended for 1 - 3 months.

8. Apart from the penalties, the individual or organization that commits any of the violations specified in Clause 2; Point a Clause 6 of this Article shall be compelled to remove the obstacle, nails, pointed objects, strings, and recover the original condition that has been changed by the violation.

SECTION 2. VIOLATIONS AGAINST REGULATIONS ON ROAD INFRASTRUCTURE

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

1. A fine of VND 100,000 - VND 200,000 shall be imposed upon an individual, VND 200,000 - VND 400,000 upon an organization that commits any of the following violations:

a) Hawking on the roadway or on the sidewalk where street vendors are prohibited, except for the violations specified in Point c Clause 2, Point b Clause 4, Point e Clause 5 of this Article;

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

2. A fine of VND 300,000 - VND 400,000 shall be imposed upon an individual, VND 600,000 - VND 800,000 upon an organization that commits any of the following violations:

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

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

c) Illegally occupying the median strip to place building materials or display, sell goods, except for the violations specified in Point b Clause 4; Point d, Point e Clause 5 of this Article;

d) Trading goods within the land area for road traffic outside urban areas, except for the violations specified in Point d Clause 4; Point d, Point i Clause 5 of this Article;

dd) Dumping garbage or discharging sewage at inappropriate positions, except for the violations specified in Point a, Point h Clause 5 of this Article; Clause 3, Clause 4 Article 20 hereof.

3. A fine of VND 500,000 - VND 1,000,000 shall be imposed upon an individual, VND 1,000,000 - VND 2,000,000 upon an organization that commits any of the following violations:

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

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

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

d) Placing, hanging an advertising board within the land area for road traffic outside urban areas, except for the violations specified in Point b Clause 7 of this Article;

dd) Occupying the median strip to provide parking services;

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

4. A fine of VND 2,000,000 - VND 3,000,000 shall be imposed upon an individual, VND 4,000,000 - VND 6,000,000 upon an organization that commits any of the following violations:

a) Erecting a booth, tent, gate, fences, walls, or other types of temporary works within the land area for road traffic, except for the violations specified in Point dd Clause 5 and Point a Clause 8 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 in a manner that obstructs the traffic, except for the violations specified in Point d, Point dd, Point e, Point g Clause 5; Clause 6; Point a Clause 7 of this Article;

c) Illegally occupying less than 5 m2of the roadway or sidewalk within an urban area to provide parking services;

d) Illegally occupying less than 20 m2of the roadway or sidewalk outside urban areas to provide parking services.

5. A fine of VND 4,000,000 - VND 6,000,000 shall be imposed upon an individual, VND 8,000,000 - VND 12,000,000 upon an organization that commits any of the following violations:

a) Dumping, placing materials or wastes within the land area for road traffic, except for the violations specified in Clause 3, Clause 4 of Article 20 hereof;

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

c) Adding irrelevant information to road signs without permission;

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

dd) Erecting a booth, tent, or other kinds of temporary works in the road tunnel, overpass, pedestrian overpass or underpass, or under the overpass;

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 m2to under 10 m2of the roadway or sidewalk to provide parking services;

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

i) Illegally occupying ≥ 20 m2of the roadway or sidewalk outside urban areas to provide parking services.

6. A fine of VND 6,000,000 - VND 8,000,000 shall be imposed upon an individual, VND 12,000,000 - VND 16,000,000 upon an organization that illegally occupies from 10 m2to under 20 m2of the roadway or sidewalk within an urban area to provide parking services.

7. A fine of VND 10,000,000 - VND 15,000,000 shall be imposed upon an individual, VND 20,000,000 - VND 30,000,000 upon an organization that commits any of the following violations:

a) Illegally occupying ≥ 20 m2of the roadway or sidewalk in an urban area to provide parking services;

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

8. A fine of VND 15,000,000 - VND 20,000,000 shall be imposed upon an individual, VND 30,000,000 - VND 40,000,000 upon an organization that commits any of the following violations:

a) Illegally building a house or permanent work within the land area for road traffic;

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

9. Apart from the penalties, the individual or organization that commits any of the violations specified in Clause 1, Clause 2, Clause 3, Clause 4, Clause 5, Clause 6, Clause 7, Clause 8 of this Article shall also be compelled to remove the illegal construction, advertising board or tree; collect the garbage, illegal materials, wastes, machinery, equipment and other objects, and recover the original condition that has been changed by the violation.

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

1. A fine of VND 1,000,000 - VND 3,000,000 shall be imposed upon an individual, VND 2,000,000 - VND 6,000,000 upon an organization that commits any of the following violations:

a) Executing construction within the land area for road traffic against a license for construction or agreement of a competent authority, except for the violations specified in Clause 2, Point a Clause 3, Clause 4 of this Article;

b) Executing construction on an operating road without erecting warning signs or erecting signs that do not contain sufficient information;

c) Failure to appoint people to control the traffic if the construction site is located at a narrow road, the end of a bridge or tunnel;

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

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

2. A fine of VND 3,000,000 - VND 5,000,000 shall be imposed upon an individual, VND 6,000,000 - VND 10,000,000 upon an organization that commits any of the following violations:

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 an operating road without taking any measure for ensuring continuous traffic and thus causing serious traffic congestion.

3. A fine of VND 5,000,000 - VND 7,000,000 shall be imposed upon an individual, VND 10,000,000 - VND 14,000,000 upon an organization that commits any of the following violations:

a) Executing construction on an operating road without placing adequate warning signs, markings and fences; failure to put red lights at two ends of the road segment under construction;

b) Executing construction within the land area for road traffic without a license for construction or agreement with a competent authority, except for the violations specified in Point a Clause 2 of this Article.

4. A fine of VND 10,000,000 - VND 15,000,000 shall be imposed upon an individual, VND 20,000,000 - VND 30,000,000 upon an organization that commits any of the following violations:

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

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

c) Executing construction on an operating road without placing any warning signs, markings and fences, except for the violations specified in Point a Clause 3 of this Article.

5. Apart from incurring fines, the organization or individual that commits any of the violations specified in Point a Clause 1, Point b Clause 2, Point a Clause 3 of this Article shall also be suspended from construction or has the construction license (if any) suspended for 1 – 3 months.

6. Apart from the penalties, the violator shall be compelled to:

a) Take measures to ensure safe traffic in case of commitment of any of the violations specified in Point a, Point b, Point c Clause 1; Clause 2; Clause 3; Clause 4 of this Article;

b) Take measures to ensure safe traffic and restore the original condition which is changed by the violations in case of commitment of any of the violations specified in Point d and Point dd Clause 1 of this Article.

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

1. A fine of VND 15,000,000 - VND 20,000,000 shall be imposed upon an individual, VND 30,000,000 - VND 40,000,000 upon an organization that commits any of the following violations:

a) Establishing or building a bus station, parking lot, rest stop, or tollbooth against the planning or without approval by a competent authority;

b) Building a bus station, parking lot, rest stop, or tollbooth that fails to meet technical standards or is inconsistent with the approved design.

2. Apart from the penalties, the violator shall be compelled to:

a) Remove the illegal construction and restore the original condition in case of commitment of any of the violations specified in Point a Clause 1 of this Article;

b) Rebuild the bus station, parking lot, rest stop, or tollbooth that in accordance with the approved design to meet the technical standards in case of commitment of any of the violations specified in Point b Clause 1 of this Article.

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

1. A fine of VND 60,000 - VND 100,000 shall be imposed upon an individual that commits any of the following violations:

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

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

2. A fine of VND 200,000 - VND 300,000 shall be imposed upon an individual, VND 400,000 - VND 600,000 upon an organization that commits any of the following violations:

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

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

3. A fine of VND 3,000,000 - VND 5,000,000 shall be imposed upon the organization responsible for management, operation, maintenance of road infrastructure that commits any of the following violations:

a) Failure to replace or repair the danger signs that are lost or damaged; failure to repair damaged road infrastructure threatening road traffic safety;

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

c) Failure to place water measuring poles and take measures to prevent vehicles from entering the flooded segments where road surface is more than 0.5 m under the water surface;

d) Failure to establish procedures for road management, operation, maintenance or failure to comply with approved procedures for road management, operation, maintenance

4. A fine of VND 3,000,000 - VND 5,000,000 shall be imposed upon an individual, VND 6,000,000 - VND 10,000,000 upon an organization that commits any of the following violations:

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

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

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

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

5. A fine of VND 5,000,000 - VND 7,000,000 shall be imposed upon an individual, VND 10,000,000 - VND 14,000,000 upon an organization that commits any of the following violations:

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

b) Removing the median strip, convex mirrors, and safety works and equipment of public roads without permission, except for the violations specified in Point c Clause 4 of this Article;

c) Opening and damaging manhole covers of underground works and tunnel systems of public 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 fine of VND 8,000,000 - VND 10,000,000 shall be imposed upon an organization collecting toll that commits any of the following violations:

a) There are >100 - 150 vehicles in the queue in a toll lane, or the total queue length (from the toll booth to the last vehicle in the queue) is 750 – 1,000 m;

b) The waiting time of a vehicle is >10 - 20 minutes.

7. A fine of VND 10,000,000 - VND 20,000,000 shall be imposed upon an organization collecting toll that commits any of the following violations:

a) There are >150 - 200 vehicles in the queue in a toll lane, or the total queue length (from the toll booth to the last vehicle in the queue) is >1,000 – 2,000 m;

b) The waiting time of a vehicle is >20 - 30 minutes.

8. A fine of VND 30,000,000 - VND 40,000,000 shall be imposed upon an organization collecting toll that commits any of the following violations:

a) There are more than 200 vehicles in the queue in a toll lane, or the total queue length (from the toll booth to the last vehicle in the queue) is longer than 2,000 m;

b) The waiting time of a vehicle is over 30 minutes.

9. A fine of VND 50,000,000 - VND 70,000,000 shall be imposed upon an organization collecting toll commits any of the violations specified in Clause 6, Clause 7, Clause 8 of this Article and fails to comply with the request of a competent authority for implementation of solutions for resolving traffic congestion at the toll booth.

10. Apart from the penalties, the violator shall be compelled to:

a) Replace or repair the lost or damaged road signs, repair damage road infrastructure in case of commitment of any of the violations specified in Point a Clause 3 of this Article;

b) Restore the original condition in case of commitment of any of the violations specified in Point b Clause 2; Point b and Point c Clause 4; Clause 5 of this Article.

SECTION 3. VIOLATIONS AGAINST REGULATIONS APPLIED TO VEHICLES RUNNING ON PUBLIC ROAD

Article 16. Penalties imposed upon by operators of cars and car-like vehicles (including the trailers or semi-trailers being towed) violating regulations on roadworthiness of vehicles

1. A fine of VND 100,000 - VND 200,000 shall be imposed for operating a car without a windshield or without an intact and functional one (for vehicles having a windshield).

2. A fine of VND 300,000 - VND 400,000 shall be imposed for any of the following violations:

a) Operating a car 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);

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

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

3. A fine of VND 800,000 - VND 1,000,000 shall be imposed for any of the following violations:

a) Operating a vehicle with an additional headlamp towards the back;

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

c) Operating a vehicle without an adequate quantity of license plates, or the license plates are installed at wrong positions; or the letters and numbers on which are not clear; or with a license plate that is bent, blocked, or damaged;

d) Operating a vehicle without sufficient wheels or tires; or the sizes of the wheels or tires do not fit or not comply with technical standards;

dd) Operating a truck whose cargo container size does not comply with the manufacturer’s design or a modified designed approved by a competent authority; operating a passenger car with added or removed seats/beds.

4. A fine of VND 2,000,000 - VND 3,000,000 shall be imposed for any of the following violations:

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

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

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

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

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

5. A fine of VND 4,000,000 - VND 6,000,000 shall be imposed for any of the following violations:

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

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

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

d) Operating a vehicle whose license plate is not consistent with the certificate of registration, or whose a license plate is not issued by a competent authority;

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); using a falsified Certificate of vehicle registration or Certificate of technical and environmental safety or stamp of technical and environmental safety;

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

6. Apart from incurring fines, the violating operator shall also incur the following additional penalties:

a) The driving license shall be suspended for 1 – 3 months in case of commitment of any of the violations specified in Point a, Point b Clause 3; Clause 4; Point e Clause 5 of this Article;

b) The illegal lamps or horns shall be confiscated in case of commitment of any of the violations specified in Point a Clause 3, Point d Clause 4 of this Article;

c) The Certificate of technical and environmental safety or stamp of technical and environmental safety, the Certificate of vehicle registration, or the license plate that is not issued by a competent authority shall be confiscated; the driving license shall be suspended for 1 -3 month in case of commitment of any of the violations specified in Point d or Point dd Clause 5 of this Article;

d) The vehicle shall be confiscated and the driving license shall be suspended for 1 – 3 months in case of commitment of any of the violations specified in Point b, Point c Clause 5 of this Article.

7. Apart from the penalties, the violator shall be compelled to:

a) Install conformable equipment and remove unconformable equipment in case of commitment of any of the violations specified in Clause 1; Clause 2; Point c, Point d, Point dd Clause 3 of this Article;

b) Restore the technical functions of the equipment; install conformable equipment in case of commitment of any of the violations specified in Point b Clause 3 or Point dd Clause 4 of this Article;

c) Install a horn with conformable loudness in case of commitment of the violation specified in Point d Clause 4 of this Article.

Article 17. Penalties imposed upon by operators of mopeds and motorcycles (including electric motorcycles) and motorcycle-like vehicles violating regulations on roadworthiness of vehicles running on public roads

1. A fine of VND 80,000 - VND 100,000 shall be imposed for any of the following violations:

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

b) Operating a vehicle whose license plate is improperly positioned or the letters and numbers on the plate are not clear; operating a vehicle with a bent, blocked, or damaged license plate;

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

2. A fine of VND 100,000 - VND 200,000 shall be imposed for any of the following violations:

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

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

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

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

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

3. A fine of VND 300,000 - VND 400,000 shall be imposed for any of the following violations:

a) Operating a vehicle without a certificate of vehicle registration;

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

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

4. A fine of VND 800,000 - VND 1,000,000 shall be imposed for any of the following violations:

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

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

5. Apart from incurring fines, the violating operator shall also incur the following additional penalties:

a) The illegal horn shall be confiscated in case of commitment of the violation specified in Point a Clause 2 of this Article;

b) The unconformable Certificate of vehicle registration or license plate shall be confiscated in case of commitment of any of the violations specified in Point b, Point c Clause 3 of this Article;

c) The driving license shall be suspended for 1 – 3 months in case of commitment of the violation specified in Point a Clause 4 of this Article;

d) The vehicle shall be confiscated and the driving license shall be suspended for 1 – 3 months in case of commitment of the violation specified in Point b Clause 4 of this Article.

Article 18. Penalties imposed upon operators of non-motorized vehicles violating regulations on roadworthiness of vehicles running on public roads

1. A warning or a fine of VND 50,000 - VND 60,000 shall be imposed for operating a vehicle without registration or without a license plate (if required).

2. A fine of VND 60,000 - VND 100,000 shall be imposed for any of the following violations:

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

b) Carrying passengers or cargo on a non-motorized vehicle that fails to meet local convenience and hygiene standards.

Article 19. Penalties imposed upon operators of tractors and heavy-duty vehicles violating regulations on roadworthiness of vehicles running on public roads

1. A fine of VND 300,000 - VND 400,000 shall be imposed for any of the following violations:

a) Operating a vehicle without the Certificate of vehicle registration; operating a vehicle whose license plate is installed at a proper position or not issued by a competent authority;

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

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

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

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

2. A fine of VND 1,000,000 - VND 2,000,000 shall be imposed for any of the following violations:

a) Operating a vehicle beyond the permissible area;

b) Operating an illegally manufactured, assembled, or modified tractor or heavy-duty vehicle on public roads;

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

3. Apart from incurring fines, the vehicle operator that commit the violations shall also incur the following additional penalties:

a) The vehicle shall be confiscated in case of commitment of the violation specified in Point b Clause 2 of this Article;

b) The license to drive tractor (of the tractor operator) or the certificate of training in traffic rules (of the heavy-duty vehicle operator) shall be suspended for 1 – 3 months in case of commitment of any of the violations specified in Point dd Clause 1; Point b, Point c Clause 2 of this Article.

4. Apart from incurring penalties, the vehicle operator that commits any of the violations specified in Point b, Point c, Point d Clause 1 of this Article shall be compelled to install sufficient equipment or restore the technical functions of the equipment, or replace it with those that meet technical standards.

Article 20. Penalties incurred by operators of cars, tractors and car-like vehicles violations against regulations on environmental protection

1. A warning or a fine of VND 50,000 - VND 100,000 shall be imposed for operating a vehicle that fails to meet hygienic requirements in urban areas.

2. A fine of VND 1,000,000 - VND 3,000,000 shall be imposed for any of the following violations:

a) Spilling oil or chemicals on public roads;

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

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

3. A fine of VND 4,000,000 - VND 6,000,000 shall be imposed upon a vehicle operator who illegally dumping garbage, earth, sand, stones, materials, wastes within the land area for road traffic outside urban areas.

4. A fine of VND 10,000,000 - VND 15,000,000 shall be imposed upon a vehicle operator who illegally dumping garbage, earth, sand, stones, materials, wastes on public roads.

5. Apart from incurring fines, a vehicle operator that commits the any of the violations specified in Clause 3, Clause 4 of this Article shall also have his/her driving license suspended for 1 - 3 months.

6. Apart from the penalties, the vehicle operator that commits any of the violations specified in Clause 1, Clause 2, Clause 3, Clause 4 of this Article shall be compelled to clean up the materials, garbage, waste, and recover the original condition that has been changed by the violation. Remedial measures shall be taken if pollution is caused.

SECTION 4. VIOLATIONS AGAINST REGULATIONS ON ROAD VEHICLE OPERATORS

Article 21. Penalties for violations against regulations on qualification for operating motor vehicles

1. A person from 14 to under 16 years of age that operates a moped, motorcycle or motorcycle-like vehicle (including electric motorcycles), car, tractor or car-like vehicle shall receive a warning.

2. A fine of VND 80,000 - VND 120,000 shall be imposed upon:

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

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

c) Any person operating a motorcycle or a motorcycle-like vehicle without carrying a driving license, except for the violations specified in Point b Clause 5, Point c Clause 7 of this Article.

3. A fine of VND 200,000 - VND 400,000 shall be imposed upon:

a) Any person operating a car, tractor or car-like vehicle without carrying a driving license, except for the violations specified in Point c Clause 7 of this Article;

b) Any person operating a car, tractor or car-like vehicle without carrying the Certificate of vehicle registration;

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

4. A fine of VND 400,000 - VND 600,000 shall be imposed for any of the following violations:

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

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

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

5. A fine of VND 4,000,000 - VND 6,000,000 shall be imposed upon the an operator of a motorcycle whose engine displacement is under 175cm3or a motorcycle-like vehicle who commits any of the following violations:

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

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

6. A fine of VND 1,200,000 - VND 3,000,000 shall be imposed upon a person from 16 to under 18 years of age that operates a car, tractor or car-like vehicle.

7. A fine of VND 4,000,000 - VND 6,000,000 shall be imposed upon an operator of a motorcycle whose engine displacement is ≥ 175 cm3, a car, a tractor or a car-like vehicle who commits one of the following violations:

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

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

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

8. Apart from incurring fines, the vehicle operator that commits any of the violations specified in Point a Clause 5, Point b Clause 7 of this Article shall also have the driving license that is not issued by a competent authority or the falsified driving license confiscated.

Article 22. Penalties for violations against regulations on qualification for operating heavy-duty vehicles

1. A fine of VND 100,000 - VND 200,000 shall be imposed upon:

a) Any person operating a heavy-duty vehicle without reaching the permissible age;

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

c) Any person operating a heavy-duty vehicle without carrying the Certificate of vehicle registration;

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

2. A fine of VND 600,000 - VND 1,000,000 shall be imposed for upon a person operating a heavy-duty vehicle without obtaining an appropriate driving license or certificate of training in traffic rules.

SECTION 5. VIOLATIONS AGAINST REGULATIONS ON ROAD TRANSPORT

Article 23. Penalties imposed upon operators of passenger vehicles violating traffic rules

1. A fine of VND 100,000 - VND 200,000 shall be imposed for any of the following violations:

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

b) Failure to comply with regulations on turning on and off the “TAXI” light;

c) Failure to wear uniform and the driver’s name tag.

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

3. A fine of VND 600,000 - VND 800,000 shall be imposed for any of the following violations:

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

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

c) Failure to stick to the prescribed route;

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

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

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

g) Carrying stinky goods on a passenger vehicle;

h) Transporting passengers without attendants (if required);

i) Selling tickets, collecting money, or receiving orders while operating a tourist vehicle or contract-based passenger vehicle;

k) Operating a taxi without a taximeter or using the taximeter against the rules while transporting passengers;

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

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

4. A fine of VND 1,000,000 - VND 2,000,000 shall be imposed upon the operator of a passenger vehicle with routes longer than 300 km for each excess passenger carried beyond the following permissible limits: ≥ 02 excess passengers on a 9 seater vehicle or smaller, ≥ 03 excess passengers on a 10 - 15 seater vehicle; ≥ 04 excess passengers on a 16 - 30 seater vehicle; ≥ 05 excess passengers on a 30 seater vehicle or bigger. Nevertheless, the total fine incurred by such operator shall not exceed 40,000,000.

5. A fine of VND 1,000,000 - VND 2,000,000 shall be imposed for any of the following violations:

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

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

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

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 pickup or disembark passengers longer than permitted, except for the violations specified in Clause 7 of this Article;

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

g) Operating a passenger vehicle without a GPS surveillance device (if required) or without a functional one.

h) Operating a tourist vehicle or contract-based passenger vehicle without a list of passengers; carrying passengers not on the list; Failure to have or carry the transport contract or a conformable one as prescribed;

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

k) Picking up or disembarking passengers at places not specified in the contract, except for the violations specified in Clause 7 of this Article;

l) Operating a fixed-route international passenger transport vehicle without a list of passengers or carrying passengers not on the list; except for the violations specified in Point c Clause 1 Article 35 hereof;

m) Carrying luggage or cargo beyond the GVWR of the vehicle.

6. A fine of VND 3,000,000 - VND 5,000,000 shall be imposed for any of the following violations:

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 specified in Clause 1 Article 65 of the Law on Road traffic;

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

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

7. A fine of VND 5,000,000 - VND 6,000,000 shall be imposed upon a vehicle operator who picks up or disembarks passengers on a freeway.

8. Apart from incurring fines, the vehicle operator that commit the violations shall also incur the following additional penalties:

a) The driving license shall be suspended for 1 - 3 months in case of commitment of any of the violations specified in Clause 2, Clause 4 (exceeding the limit by 50% - 100%); Point c, Point d, Point e Clause 3; Point a, Point b, Point c, Point d, Point dd, Point e, Point h, Point i, Point k, Point l, Point m Clause 5; Clause 6; Clause 7 of this Article;

b) The driving license shall be suspended for 3 - 5 months in case of commitment of any of the violations specified in Clause 2, Clause 4 of this Article (exceeding the limit by more than 100%);

c) The badge that is expired or not issued by a competent authority shall be confiscated in case of commitment of any of the violations specified in Point dd, Point e Clause 6 of this Article.

9. Apart from the penalties, the violating vehicle operator shall be compelled to:

a) Provide another vehicle to carry the excess passengers in case of commitment of any of the violations specified in Clause 2, Clause 4 of this Article (in case of passenger transport);

b) Return the illegal profit earned from committing the violation in case of commitment of the violation specified in Point m Clause 3 of this Article (in case of charging beyond the limit).

Article 24. Penalties imposed upon operators of trucks, tractors and or car-like vehicles transporting goods violating traffic rules

1. A fine of VND 300,000 - VND 400,000 shall be imposed for failure to tie cargo firmly where necessary; putting cargo on the roof; making the vehicle imbalanced when loading cargo;

2. A fine of VND 800,000 - VND 1,000,000 shall be imposed for any of the following violations:

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

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

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

d) Transporting goods without a transport order, except for taxi trucks.

3. A fine of VND 1,000,000 - VND 2,000,000 shall be imposed for transporting goods without a GPS surveillance device (if required) or a functional one.

4. A fine of VND 2,000,000 - VND 3,000,000 shall be imposed for any of the following violations:

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

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

5. A fine of VND 3,000,000 - VND 5,000,000 shall be imposed for any of the following violations:

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

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

c) Operating a vehicle a badge (if required) or an unexpired one or one issued by a competent authority;

6. A fine of VND 5,000,000 - VND 7,000,000 shall be imposed for operating a vehicle (including trailers and semi-trailers) carrying cargo beyond the maximum permissible payload written in the Corticated of technical and environmental safety by >50% - 100%.

7. A fine of VND 7,000,000 - VND 8,000,000 shall be imposed for operating a vehicle (including trailers and semi-trailers) carrying cargo beyond the maximum permissible payload written in the Certificate of technical and environmental safety by >100% - 150%.

8. A fine of VND 8,000,000 - VND 12,000,000 shall be imposed for operating a vehicle (including trailers and semi-trailers) carrying cargo beyond the maximum permissible payload written in the Certificate of technical and environmental safety by > 150%.

9. Apart from incurring fines, the vehicle operator that commits the violations shall also incur the following additional penalties:

a) The driving license shall be suspended for 1 – 3 months in case of commitment of any of the violations specified in Point b, Point c Clause 2; Point b Clause 4; Clause 5; Clause 6 of this Article;

b) The driving license shall be suspended for 2 – 4 months in case of commitment of the violation specified in Clause 7 of this Article;

c) The driving license shall be suspended for 3 – 5 months in case of commitment of the violation specified in Clause 8 of this Article;

d) The badge that is expired or not issued by a competent authority shall be confiscated in case of commitment of the violation specified in Point c Clause 5 of this Article.

10. Apart from incurring the penalties, the person that commits any of the violations specified in Point a, Point b Clause 2; Point b Clause 4; Point a Clause 5; Clause 6; Clause 7; Clause 8 of this Article shall also be compelled to remove the amount of cargo exceeding the maximum permissible payload or size as instructed by the law enforcement officers where the violation is discovered.

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

1. A fine of VND 1,000,000 - VND 2,000,000 shall be imposed for any of the following violations:

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

b) Failure to comply with the License for transport, except for the violations specified in Point b Clause 2 of this Article.

2. A fine of VND 5,000,000 - VND 7,000,000 shall be imposed for any of the following violations:

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

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

3. Apart from incurring fines, the violator shall also incur the following additional penalties:

a) The driving license shall be suspended for 1 – 3 months in case of commitment of any of the violations specified in Clause 1, Clause 2 of this Article;

b) The License for transport that is expired or not issued by a competent authority shall be confiscated in case of commitment of the violation specified in Point a Clause 2 of this Article.

4. If the road infrastructure is damaged by the violations specified in Clause 1 or Clause 2 of this Article, the violator shall be compelled to repair the damage apart from incurring the penalties.

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

1. A fine of VND 1,000,000 - VND 2,000,000 shall be imposed for any of the following violations:

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

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

2. A fine of VND 2,000,000 - VND 3,000,000 shall be imposed for transporting dangerous goods without a license or against the license, except for the violations specified in Point a Clause 6 Article 23 hereof.

3. Apart from incurring fines, a vehicle operator that commits the any of the violations specified in Clause 1, Clause 2 of this Article shall also have his/her driving license suspended for 1 - 3 months.

4. Apart from incurring penalties, the vehicle operator that commits any of the violations specified in Clause 1, Clause 2 of this Article shall be compelled to comply with the regulations on transport of dangerous goods and environment protection. Remedial measures shall be taken if pollution is caused.

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

A fine of VND 500,000 - VND 1,000,000 shall be imposed for the operating such vehicle with adhering to the prescribed route, range, and time.

Article 28. Penalties for violations against regulations on road transport and ancillary services for road transport

1. A fine of VND 500,000 - VND 1,000,000 shall be imposed upon an individual, VND 1,000,000 - VND 2,000,000 upon an organization that commits any of the following violations:

a) Loading goods onto a vehicle (including trailers and semi-trailers) beyond the maximum permissible payload written in the Certificate of technical and environmental safety by >10% - 50%;

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

2. A fine of VND 1,000,000 - VND 2,000,000 shall be imposed upon an individual, VND 2,000,000 - VND 4,000,000 upon an organization that commits any of the following violations:

a) Failure to put or failure to accurately and adequately put the name and phone number of the transport service provider on the outer sides of the body or doors of the passenger vehicle, except for the violations specified in Point dd Clause 3 of this Article;

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

c) Failure to put or failure to accurately and adequately put the name and phone number of the cargo transport service provider, GVW of the tractor, maximum permissible payload, towing capacity on the door of the tractor as prescribed; Failure to put or failure to accurately and adequately put the name and phone number of the cargo transport service provider, maximum permissible payload, and GVWR on the trailer or semi-trailer as prescribed;

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

dd) Failure to put up or accurately and adequately put up the license plates; luggage allowance, hotline number, and the text “safety first” on the passenger vehicle;

e) Failure to number the passenger seats;

g) Using another color than that registered with competent authority for the bus;

h) Failure to retain relevant documents during the operation;

i) Failure to compile the profiles of the vehicle(s) and driver(s) as prescribed;

k) Failure to provide periodic check-ups for drivers as prescribed;

l) Loading goods onto a vehicle (including trailers and semi-trailers) beyond the maximum permissible payload written in the Certificate of technical and environmental safety by >50% - 100%.

3. A fine of VND 2,000,000 - VND 3,000,000 shall be imposed upon an individual, VND 4,000,000 - VND 6,000,000 upon an organization that commits any of the following violations:

a) Failure to establish a department to monitor safety conditions or to maintaining such department;

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

c) Using a 10 seaters vehicle or bigger as a passenger taxi;

d) Using a vehicle as a taxi without a "TAXI" light or a functional one or one that is fixed on the vehicle roof; failure to install a taximeter or a properly installed one; failure to install an invoice-printing device connected to the taximeter as prescribed.

dd) Using a vehicle as a taxi without the logo or phone number or a correct one as registered;

e) Failure to employ an adequate number of drivers and attendants for passenger transports according to the registered business plan;

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

h) Employing drivers and attendants without employment contracts;

i) Using vehicles whose quality or service life fail to meet the conditions for the registered type of transport services, except for the violations specified in Point b Clause 5 Article 16 hereof;

k) Employing unfit people to operate the transport business;

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

m) The quantity of vehicles is not adequate for the registered business; no parking space available;

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

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

p) Using 02 or more transport contracts for one trip of tourist transport or contract-based passenger transport;

q) Selling tickets, collecting money, or receiving orders while operating tourist transport or contract-based passenger transport business.

4. A fine of VND 3,000,000 - VND 4,000,000 shall be imposed upon an individual, VND 6,000,000 - VND 8,000,000 upon an organization that commits any of the following violations:

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

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

c) Failure to provide, update, retain, or manage information from GPS surveillance devices;

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

dd) Using vehicles without GPS surveillance devices to provide transport services (if required) or without functional or conformable ones;

e) Loading goods onto a vehicle (including trailers and semi-trailers) beyond the maximum permissible payload written in the Certificate of technical and environmental safety by more than 100%.

5. A fine of VND 7,000,000 - VND 10,000,000 shall be imposed upon an individual, VND 14,000,000 - VND 20,000,000 upon an organization that commits any of the following violations:

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

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

c) Establishing illegal stations;

d) Bus station s failure to adhere to safety procedures for allowing vehicles to enter and leave the station.

6. Apart from incurring fines, the violator shall also incur the following additional penalties:

a) The badge of the violating vehicle shall be suspended for 1 - 3 months in case of commitment of any of the violations specified in Point b, Point d, Point dd, Point e, Point g, Point h, Point i, Point l, Point o, Point p, Point q Clause 3; Point d, Point dd Clause 4 of this Article;

b) The License for transport services shall be suspended for 1 – 3 months in case of commitment of any of the violations specified in Point a Clause 3, Point b Clause 5 of this Article.

7. Apart from incurring penalties, the violator shall be compelled to:

a) Post sufficient information; provide periodic check-ups and professional training for drivers and attendants; install “TAXI” lights, taximeters, invoice-printing devices, and GPS surveillance devices on the vehicles in case of commitment of corresponding violations specified in Point a, Point b, Point c, Point d, Point dd, Point k Clause 2; Point b, Point d, Point dd, Point g Clause 3; Point c, Point dd Clause 4 of this Article;

b) Return the illegal profit earned from committing the violation in case of commitment of the violation specified in Point d Clause 4 of this Article (in case of charging beyond the limit);

c) Remove the excess cargo if the vehicle has not left the loading area in case of commitment of any of the violations specified in Point a Clause 1, Point l Clause 2, Point e Clause 4 of this Article.

SECTION 6. OTHER OFFENCES RELATED TO ROAD TRAFFIC

Article 29. Penalties for illegal manufacture, assembly of motor vehicles; illegal manufacture or sale of license plates

1. A fine of VND 1,000,000 - VND 2,000,000 shall be imposed upon an individual, VND 2,000,000 - VND 4,000,000 upon an organization that sells license plates that are not manufactured or allowed by competent authorities.

2. A fine of VND 3,000,000 - VND 5,000,000 shall be imposed upon an individual, VND 6,000,000 - VND 10,000,000 upon an organization that illegally manufactures or assembles motor vehicles.

3. Apart from incurring fines, the violator that commits any of the violations specified in Clause 1 or Clause 2 of this Article shall have the illegal license plates or illegally manufactured or assembled vehicles confiscated.

4. If the road infrastructure is damaged by the violations specified in Clause 1 or Clause 2 of this Article, the violator shall be compelled to repair and restore the original condition apart from incurring the penalties.

Article 30. Penalties imposed upon vehicle owners

1. For owners of mopeds, motorcycles and motorcycle-like vehicles: A fine of VND 200,000 - VND 400,000 shall be imposed upon an individual, VND 200,000 - VND 400,000 upon an organization that commits any of the following violations:

a) Changing the brand name or color of the vehicle without permission (according to the Certificate of vehicle registration);

b) Failure to follow procedures for transferring the vehicle ownership when buying, being given, allocated, or inherited a moped, motorcycle or motorcycle-like vehicle.

2. For owners of cars, tractors, heavy-duty vehicles and car-like vehicles: A fine of VND 300,000 - VND 400,000 shall be imposed upon an individual, VND 600,000 - VND 800,000 upon an organization that commits any of the following violations:

a) Using windshields or windows made of glass other than safety glass;

b) Changing the color of the vehicle without permission (according to the Certificate of vehicle registration);

c) Failure to comply with regulations on license plates and text on the vehicle; except for the violations specified in Point a, Point b, Point c, Point d, Point dd Clause 2 Article 28, Point b Clause 3 Article 37 hereof.

3. For each passenger carried beyond the permissible limit, a fine of VND 400,000 - VND 600,000 shall be imposed upon an individual, VND 800,000 - VND 1,200,000 upon an organization that is the owner of a passenger vehicle (except for buses) that directly operates the vehicle or requests/allows their employee or representative to operate the vehicle committing the violation specified in Clause 2 Article 23 of this Decree (nevertheless, the total fine incurred by such individual shall not exceed 40,000,000; the total fine incurred by such organization shall not exceed 80,000,000).

4. For owners of mopeds, motorcycles and motorcycle-like vehicles: A fine of VND 800,000 - VND 1,000,000 shall be imposed upon an individual, VND 1,600,000 - VND 2,000,000 upon an organization that commits any of the following violations:

a) Changing the frame number or engine number without permission;

b) Falsifying or forging the documents about vehicle registration;

c) Changing the chassis, engine, shape, size, or functions of the vehicle;

d) Providing false information or using fraudulent documents to apply for the license plate or Certificate of vehicle registration;

dd) Allowing an unqualified person according to Clause 1 Article 58 of the Law on Road traffic to operate the vehicle on public roads (including those using an unexpired driving license).

5. For owners of cars, tractors, heavy-duty vehicles and car-like vehicles: A fine of VND 1,000,000 - VND 2,000,000 shall be imposed upon an individual, VND 2,000,000 - VND 4,000,000 upon an organization that fails to follow procedures for transferring the vehicle ownership when buying, being gifted, allocated, or inherited a car, tractor, heavy-duty vehicle or car-like vehicle.

6. For each passenger carried beyond the permissible limit, a fine of VND 1,000,000 - VND 2,000,000 shall be imposed upon an individual, VND 2,000,000 - VND 4,000,000 upon an organization that is the owner of a passenger vehicle (except for buses) that directly operates the vehicle or requests/allows their employee or representative to operate the vehicle committing the violation specified in Clause 4 Article 23 of this Decree (nevertheless, the total fine incurred by such individual shall not exceed 40,000,000; the total fine incurred by such organization shall not exceed 80,000,000).

7. For owners of cars, tractors, heavy-duty vehicles and car-like vehicles: A fine of VND 2,000,000 - VND 4,000,000 shall be imposed upon an individual, VND 4,000,000 - VND 8,000,000 upon an organization that commits any of the following violations:

a) Changing the frame number or engine number without permission;

b) Falsifying the Certificate of vehicle registration, vehicle registration documents, or the Certificate of technical and environmental safety;

c) Disobeying the order for confiscation of the Certificate of vehicle registration or the Certificate of technical and environmental safety;

d) Failure to apply for a replacement of the Certificate of vehicle registration after the vehicle is modified;

dd) Allowing an unqualified person according to Clause 1 Article 58 (for cars, tractors, and car-like vehicles) or Clause 1 Article 62 of the Law on Road traffic (for (heavy-duty vehicles) to operate the vehicle on public roads (including those using an unexpired driving license);

e) Providing false information or using fraudulent documents to apply for the reissuance of the license plate, Certificate of vehicle registration, or Certificate of technical and environmental safety;

g) Allowing an employee or representative to operate the vehicle committing any of the violations specified in Point e Clause 3, Point m Clause 5 Article 23 hereof, or directly operating the vehicle committing any of the violations specified in Point e Clause 3, Point m Clause 5 Article 23 hereof;

h) Allowing an employee or representative to operate the vehicle committing any of the violations specified in Point a Clause 2 Article 24 hereof, or directly operating the vehicle committing any of the violations specified in Point a Clause 2 Article 24 hereof;

i) Allowing an employee or representative to operate the vehicle committing any of the violations specified in Point b Clause 2 Article 24 hereof, or directly operating the vehicle committing any of the violations specified in Point b Clause 2 Article 24 hereof;

k) Allowing an employee or representative to operate the vehicle committing any of the violations specified in Clause 2 Article 33 hereof, or directly operating the vehicle committing any of the violations specified in Clause 2 Article 33 hereof.

8. For owners of cars, tractors, heavy-duty vehicles and car-like vehicles: A fine of VND 4,000,000 - VND 6,000,000 shall be imposed upon an individual, VND 8,000,000 - VND 12,000,000 upon an organization that commits any of the following violations:

a) Using hired or borrowed car parts and accessories during inspection;

b) Operating a motor vehicle or heavy-duty vehicle on public roads with a certificate of technical and environmental safety or stamp of technical and environmental safety (if required) that has expired for less than 01 month (including those for trailers and semi-trailer);

c) Allowing an employee or representative to operate the vehicle committing any of the violations specified in Point b Clause 4 Article 24 hereof, or directly operating the vehicle committing any of the violations specified in Point b Clause 4 Article 24 hereof;

d) Allowing an employee or representative to operate the vehicle committing any of the violations specified in Point d, Point dd Clause 6 Article 23; Point b, Point c Clause 5 Article 24 hereof, or directly operating the vehicle committing any of the violations specified in Point d, Point dd Clause 6 Article 23; Point b, Point c Clause 5 Article 24 hereof.

9. For owners of cars, tractors, heavy-duty vehicles and car-like vehicles: A fine of VND 6,000,000 - VND 8,000,000 shall be imposed upon an individual, VND 12,000,000 - VND 16,000,000 upon an organization that commits any of the following violations:

a) Changing the chassis, engine, brake system, transmission system without permission; changing the original shape or size of the vehicle, adding or removing seats/beds (of passenger vehicles) 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 heavy-duty vehicle on public roads without a certificate of technical and environmental safety or stamp of technical and environmental safety (if required) or with one that has expired for 01 month or more (including those for trailers and semi-trailer);

d) Allowing an employee or representative to operate the vehicle committing any of the violations specified in Point a Clause 5 Article 24 hereof, or directly operating the vehicle committing any of the violations specified in Point a Clause 5 Article 24 hereof;

dd) Allowing an employee or representative to operate the vehicle committing any of the violations specified in Point b Clause 2 Article 25 hereof, or directly operating the vehicle committing any of the violations specified in Point b Clause 2 Article 25 hereof;

e) Allowing an employee or representative to operate the vehicle committing any of the violations specified in Clause 3, Point b Clause 4 Article 33 hereof, or directly operating the vehicle committing any of the violations specified in Clause 3, Point b Clause 4 Article 33 hereof.

10. For owners of cars, tractors, heavy-duty vehicles and car-like vehicles: A fine of VND 14,000,000 - VND 16,000,000 shall be imposed upon an individual, VND 28,000,000 - VND 32,000,000 upon an organization that commits any of the following violations:

a) Allowing an employee or representative to operate the vehicle committing any of the violations specified in Clause 6 Article 24 hereof, or directly operating the vehicle committing any of the violations specified in Clause 6 Article 24 hereof;

b) Allowing an employee or representative to operate the vehicle committing any of the violations specified in Point a Clause 2 Article 25 hereof, or directly operating the vehicle committing any of the violations specified in Point a Clause 2 Article 25 hereof;

c) Allowing an employee or representative to operate the vehicle committing any of the violations specified in Point a Clause 4 Article 33 hereof, or directly operating the vehicle committing any of the violations specified in Point a Clause 4 Article 33 hereof.

11. A fine of VND 16,000,000 - VND 18,000,000 shall be imposed upon an individual, VND 32,000,000 - VND 36,000,000 upon an organization that is the owner of a car, tractor, heavy-duty vehicle, or car-like vehicle and requests or allows an employee or representative to operate the vehicle committing any of the violations specified in Clause 7 Article 24 hereof, or directly operates the vehicle committing any of the violations specified in Clause 7 Article 24 hereof.

12. For owners of cars, tractors, heavy-duty vehicles and car-like vehicles: A fine of VND 18,000,000 - VND 20,000,000 shall be imposed upon an individual, VND 36,000,000 - VND 40,000,000 upon an organization that commits any of the following violations:

a) Allowing an employee or representative to operate the vehicle committing any of the violations specified in Clause 8 Article 24 hereof, or directly operating the vehicle committing any of the violations specified in Clause 8 Article 24 hereof;

b) Allowing an employee or representative to operate the vehicle committing any of the violations specified in Clause 5 Article 33 hereof, or directly operating the vehicle committing any of the violations specified in Clause 5 Article 33 hereof.

13. A fine of VND 28,000,000 - VND 32,000,000 shall be imposed upon an individual, VND 56,000,000 - VND 64,000,000 upon an organization that is the owner of a car, tractor, heavy-duty vehicle, or car-like vehicle and requests or allows an employee or representative to operate the vehicle committing any of the violations specified in Point a Clause 6 Article 33 hereof, or directly operates the vehicle committing any of the violations specified in Point a Clause 6 Article 33 hereof.

14. Apart from incurring fines, the violator shall also incur the following additional penalties:

a) The license plate, Certificate of vehicle registration (reissued), fraudulent documents shall be confiscated in case of commitment of any of the violations specified in Point b, Point d Clause 4; Point b, Point e Clause 7 of this Article;

b) The vehicle shall be confiscated in case of commitment of the violation specified in Point b Clause 9 of this Article;

c) The vehicle owner who directly operates the vehicle committing any of the violations specified in Point g, Point i Clause 7; Point b, Point c, Point d Clause 8; Point c, Point d, Point dd, Point e Clause 9; Clause 10 of this Article shall have his/her driving license (for motor vehicles) or certificate of training in traffic rules (for heavy-duty vehicles) suspended for 1 – 3 months;

d) The vehicle owner who directly operates the vehicle committing any of the violations specified in Clause 11; Point b Clause 12 of this Article shall have his/her driving license (for motor vehicles) or certificate of training in traffic rules (for heavy-duty vehicles) suspended for 2 – 4 months;

dd) The vehicle owner who directly operates the vehicle committing any of the violations specified in Point a Clause 12, Clause 13 of this Article shall have his/her driving license (for motor vehicles) or certificate of training in traffic rules (for heavy-duty vehicles) suspended for 3 – 5 months;

e) In case of commitment of any of the violations specified in Clause 3, Clause 6 of this Article where the vehicle owner directly operates the vehicle carrying more passengers than the legal limit by >50% - 100%, the driving license shall be suspended for 1 – 3 months;

g) In case of commitment of any of the violations specified in Clause 3, Clause 6 of this Article where the vehicle owner directly operates the vehicle carrying more passengers than the legal limit by more than 100%, the driving license shall be suspended for 3 – 5 months;

h) In case of commitment of any of the violations specified in Point h Clause 7, Point d Clause 9, Point a Clause 10, Clause 11, Point a Clause 12 of this Article where the cargo container or payload of the vehicle is not conformable, the certificate of technical and environmental safety and stamp of technical and environmental safety shall also be suspended for 1 – 3 months;

i) In case of commitment of any of the violations specified in Point a Clause 9 of this Article, the certificate of technical and environmental safety and stamp of technical and environmental safety shall be suspended for 1 – 3 months;

15. Apart from incurring penalties, the violator shall be compelled to:

a) Restore the brand name or color as written in the Certificate of vehicle registration, comply with the regulations on license plates and text on the vehicle in case of commitment of any of the violations specified in Point a Clause 1, Clause 2 of this Article;

b) Restore the original shape, size or technical condition of the vehicle in case of commitment of any of the violations specified in Point a Clause 9 of this Article;

c) Restore original conditions of the cargo container, reapply for registration, and adjust the permissible payload written on the certificate of technical and environmental safety before the vehicle is used on public roads in case of commitment of any of the violations specified in Point h Clause 7, Point d Clause 9, Point a Clause 10, Clause 11, Point a Clause 12 of this Article;

d) Provide another vehicle to carry the excess passengers in case of commitment of any of the violations specified in Clause 3, Clause 6 of this Article (in case of passenger transport);

dd) Remove the cargo exceeding the maximum permissible payload or size as instructed by the law enforcement officers where the violation is discovered; repair the damage to road infrastructure caused by the violation in case of commitment of any of the violations specified in Point g, Point h, Point i Point k Clause 7; Point c Clause 8; Point d, Point e Clause 9; Point a, Point c Clause 10; Clause 11; Clause 12; Clause 13 of this Article;

e) Repair the any damage to road infrastructure caused by the violations in case of commitment of any of the violations specified in Point dd Clause 9, Point b Clause 10 of this Article.

Article 31. Penalties imposed upon attendants on buses, fixed-route passenger vehicles, contract-based passenger vehicles, and tourist vehicles violating traffic rules

1. A warning or fine of from 50,000 - VND 60,000 shall be imposed for any of the following violations:

a) Failure to help passengers that are children or the elderly that cannot get on and off the vehicle themselves, the people suffering from mobility or visual impairments;

b) Failure to wear uniforms and name tags.

2. A fine of VND 100,000 - VND 200,000 shall be imposed upon a bus attendant that collects money without giving tickets to passengers, or sells tickets at higher prices than prescribed rates.

3. A fine of VND 300,000 - VND 400,000 shall be imposed upon an attendant on a fixed-route passenger vehicle that collects money without giving tickets to passengers, or sells tickets at higher prices than prescribed rates.

4. A fine of VND 1,000,000 - VND 2,000,000 shall be imposed for any of the following violations:

a) Transfer passengers to another vehicle without their consent; threatening, humiliating passengers; fighting over passengers; forcing passengers to use services against their will;

b) Forcing passengers to get off the vehicle to avoid inspection by competent persons.

5. A fine of VND 3,000,000 - VND 5,000,000 shall be imposed for attacking passengers physically.

6. The person committing any of the violations specified in Clause 2, Clause 3 of this Article (overcharging passengers) shall be compelled to return the illegal profit earned from committing the violation.

Article 32. Penalties imposed passengers violating traffic rules

1. A fine of VND 50,000 - VND 100,000 shall be imposed for any of the following violations:

a) Failure to follow the instructions on road safety of the driver and attendants;

b) Disturb the order on the vehicle.

2. A fine of VND 300,000 - VND 400,000 shall be imposed for any of the following violations:

a) Bringing hazardous, flammable explosive chemicals, dangerous goods, or prohibited goods to the vehicle;

b) Threatening, infringing upon the health or belongings of other people on the vehicle;

c) Hanging from the vehicle; standing, sitting, lying on the hood, roof, or luggage trunk; opening vehicle doors or committing other unsafe acts while the vehicle is running.

3. Apart from incurring fines, the person that commit any of the violations specified in Point a Clause 2 of this Article shall have the hazardous, flammable explosive chemicals, dangerous goods, or prohibited goods that are brought on the passenger vehicle confiscated.

Article 33. Penalties imposed upon operators of tracked vehicles, the vehicles exceeding the capacity or dimensional limit of the bridge or road (including passenger vehicles)

1. A fine of VND 1,000,000 - VND 2,000,000 shall be imposed for failure to comply with the License for transport, except for the violations specified in Point a, Point b Clause 3; Point b Clause 4 of this Article.

2. A fine of VND 2,000,000 - VND 3,000,000 shall be imposed for operating a vehicle whose GVW exceeds the capacity of the bridge or road by >10% - 20%, unless it is permitted in an unexpired license for transport.

3. A fine of VND 3,000,000 - VND 5,000,000 shall be imposed for any of the following violations:

a) Carrying goods exceeding the dimensional limit of the bridge or road written in the License for transport;

b) Operating a tracked vehicle on public roads without a License for transport or an unexpired one, or without taking measures to protect the road on which it is running;

c) Operating a vehicle whose size or cargo size exceeds the dimensional limit of the bridge or road on which it is running, unless it is permitted in an unexpired license for transport;

d) Operating a vehicle whose GVW or gross axle weight (including cargo and passengers thereof) exceeds the capacity of the bridge or road by >20% - 50%, unless it is permitted in an unexpired license for transport.

4. A fine of VND 5,000,000 - VND 7,000,000 shall be imposed for any of the following violations:

a) Operating a vehicle whose GVW or gross axle weight (including cargo and passengers thereof) exceeds the capacity of the bridge or road by >50% - 100%, unless it is permitted in an unexpired license for transport;

b) Operating a vehicle with an unexpired License for transport but the GVW or gross axle weight of which (including cargo and passengers thereof) exceeds the limit written in the License for transport.

5. A fine of VND 7,000,000 - VND 8,000,000 shall be imposed for operating a vehicle whose GVW or gross axle weight (including cargo and passengers thereof) exceeds the capacity of the bridge or road by >100% - 150%, unless it is permitted in an unexpired license for transport.

6. A fine of VND 14,000,000 - VND 16,000,000 shall be imposed for any of the following violations:

a) Operating a vehicle whose GVW or gross axle weight (including cargo and passengers thereof) exceeds the capacity of the bridge or road by more than 150%, unless it is permitted in an unexpired license for transport;

b) Disobeying the order for weight or size inspection; transferring load or using other tricks to pass the inspection.

7. Apart from incurring fines, the vehicle operator that commits the violations shall also incur the following additional penalties:

a) The driving license (for cars, tractors, and car-like vehicles) or the certificate of training in traffic rules (for heavy-duty vehicles) shall be suspended for 1 - 3 months in case of commitment of any of the violations specified in Clause 1; Clause 3; Clause 4 of this Article;

b) The driving license (for cars, tractors, and car-like vehicles) or the certificate of training in traffic rules (for heavy-duty vehicles) shall be suspended for 2 - 4 months in case of commitment of any of the violations specified in Clause 5 of this Article;

c) The driving license (for cars, tractors, and car-like vehicles) or the certificate of training in traffic rules (for heavy-duty vehicles) shall be suspended for 3 - 5 months in case of commitment of any of the violations specified in Clause 6 of this Article.

8. Apart from incurring the penalties, the vehicle operator that commits any of the violations in Clause 1, Clause 2, Clause 3, Clause 4, Clause 5, Clause 6 of this Article shall also be compelled to remove the excess load as instructed by law enforcement officers where the violations is discovered, and repair any damage to road infrastructure caused by the violation.

Article 34. Penalties imposed upon street racers and street racing watchers

1. A fine of VND 1,000,000 - VND 2,000,000 shall be imposed for any of the following violations:

a) Gathering to cheer, incite speeding, weaving, chasing, or street racing;

b) Illegally racing bicycles, motored bicycles, tricycles, animal-powered vehicles, or animals on public roads.

2. A fine of VND 7,000,000 - VND 8,000,000 shall be imposed for illegally racing motorcycles, mopeds, and electric motorcycles.

3. A fine of VND 8,000,000 - VND 10,000,000 shall be imposed for illegally racing cars.

4. Apart from incurring fines, the vehicle operator that commits the violations shall also incur the following additional penalties:

a) The vehicle (except for animals) shall be confiscated in case of commitment of the violation specified in Point b Clause 1 of this Article;

b) The vehicle shall be confiscated and the driving license shall be suspended for 3 – 5 months in case of commitment of the violation specified in Clause 2, Clause 3 of this Article.

Article 35. Penalties imposed upon operators of motor vehicles bearing foreign license plates

1. A fine of VND 500,000 - VND 1,000,000 shall be imposed upon the operator of a motor vehicle bearing a foreign license plate who commits any of the following violations:

a) Operating a vehicle without a symbol for nationality recognition;

b) The vehicle documents are not translated into English or Vietnamese;

c) Operating a passenger vehicle without a list of passengers.

2. A fine of VND 3,000,000 - VND 5,000,000 shall be imposed for any of the following violations:

a) Operating the vehicle within Vietnam’s territory beyond the deadline;

b) Operating the vehicle beyond permissible areas;

c) Operating the vehicle without a license for international transport or international shipping badge or without an unexpired one;

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 public roads for tourism purposes without a guiding vehicle as prescribed;

g) The nationality of the operator of the right-hand drive vehicle or a vehicle bearing a foreign license plate is not correct.

3. Apart from incurring penalties, the vehicle operator that commits any of the violations in Point a, Point c, Point d, Point dd Clause 2 of this Article shall be compelled to re-export the vehicle from Vietnam.

Article 36. Penalties imposed upon operators of vehicles registered to be operated within in free trade zones and border checkpoint economic zones

1. A fine of VND 500,000 - VND 1,000,000 shall be imposed upon the operator of a motorcycle, moped or motorcycle-like vehicle who commits any of the following violations:

a) Failure to present the declaration of temporarily imported road vehicles;

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

2. A fine of VND 3,000,000 - VND 5,000,000 shall be imposed upon the operators of a car or car-like vehicle who commits any of the following violations:

a) Failure to present the declaration of temporarily imported road vehicles;

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

3. Apart from incurring fines, the vehicle operator that commits the violations shall also incur the following additional penalties:

a) The expired or invalid badge shall be confiscated in case of commitment of any of the violations specified in Point b Clause 1, Point b Clause 2 of this Article;

b) The vehicle shall be confiscated in case of recommitment of any of the violations specified in Clause 1, Clause 2 of this Article.

4. Apart from incurring penalties, the vehicle operator that commits any of the violations specified in Clause 1 and Clause 2 of this Article shall be compelled to return the vehicle to the free trade zone or border checkpoint economic zone.

Article 37. Penalties for violations against regulations on driver training and driving test

1. A fine of VND 600,000 - VND 800,000 shall be imposed upon the driving instructor who commits any of the following violations:

a) Allowing the learner who is not wearing the learner’s badge to drive the instructional vehicle;

b) Carrying passengers or cargo on the instructional vehicle against the law;

c) Failure to adhere to the route and time in the license for instructional vehicle; failure to sit next to the learner to assist in steering (even in the practice yard and on public roads);

d) Failure to wear the instructor’s badge while teaching;

dd) Failure to have a lesson plan or a suitable one.

2. A fine of VND 1,000,000 - VND 2,000,000 shall be imposed upon a driver training institution that commits any of the following violations:

a) Using a vehicle without a roof or solid seat for learners as an instructional vehicle;

b) Failure to sign and finalize training contracts with learners; signing or finalizing a training contract not bearing the learner’s signature.

3. A fine of VND 3,000,000 - VND 5,000,000 shall be imposed upon:

a) The driver training institution that fails to appoint an instructor to sit next to the learner to assist in driving, or appoint an unqualified person as an instructor;

b) The driver training institution that uses an instructional vehicle without the license for instructional vehicle or the “Study of drive” sign, fails to write the name of the training institution and supervisory authority on the doors or both sides of the vehicle;

c) The driver training institution that uses an instructional vehicle without a twin brake system or a working one;

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 written in the license for driver training;

e) The driver training institution that fails to retain documents about the courses;

g) The individual that provides false information or fraudulent documents to be allowed to learn, take the test and to be granted the driving license or certificate of training in traffic rules.

4. A fine of VND 5,000,000 - VND 10,000,000 shall be imposed upon:

a) The driver training institution that provides driver training beyond the capacity written in the license for driver training;

b) The driver training institution that provides driver training at a location other than that written in the license for driver training;

c) The driver training institution that provides driver training while the license for driver training has expired;

d) The driver training institution that allows more learners on an instructional vehicle than the legal limit;

dd) The driver training institution that fails to have adequate classrooms or classrooms having adequate teaching materials;

e) The driver training institution that fails to a decent practice yard or without one that satisfies all requirements;

g) The driver training institution that fails to have sufficient classes of instructional vehicles to serve the training capacity written in the license for driver training;

h) The driving test center that fails to publicly post the testing charges and other service charges as prescribed.

5. A fine of VND 10,000,000 - VND 15,000,000 shall be imposed upon:

a) The driver training institution that provides driver training in vehicle classes other than those permitted;

b) The driver training institution that provides driver training without a license for driver training;

c) The driver training institution that fails to adhere to the prescribed training program;

d) The driver training institution that issues Certificates of course completion or certificates of basic training to learners against the rules;

dd) The driving test center that fails to satisfy all requirements and standards;

e) The driving test center that collects testing charges and other service charges against the rules.

6. A fine of VND 15,000,000 - VND 20,000,000 shall be imposed upon the driving test center that:

a) Changing or using the testing software, grading devices, and classes of testing vehicles without approval by a competent authority;

b) Using a computer having answers to the questions or connected to a network outside the examination room during the driver knowledge test;

c) Using inaccurate grading devices during the test; using improper markings or symbols on the testing yard or testing vehicle during the test.

7. The driving instructor that allows the learner to commit any of the violations specified in Article 5 of this Decree shall incur a corresponding penalty for such violation.

8. Apart from incurring fines, the violator shall also incur the following additional penalties:

a) The driver training institution that commits any of the violations in Point a, Point b, Point c, Point d, Point dd, Point e Clause 3; Point a, Point b, Point c, Point d, Point dd, Point e, Point g Clause 4 of this Article shall be suspended from enrolment for 1 - 3 months;

b) The driver training institution that commits any of the violations specified in Point a, Point b, Point c, Point d Clause 5 of this Article shall be suspended from enrolment for 2 – 4 months;

c) The driving test center that commits any of the violations specified in Point dd Clause 5 of this Article shall have the certificate of qualified driving test center suspended for 1 - 3 months;

d) The driving test center that commits any of the violations specified in Clause 6 of this Article shall have the certificate of qualified driving test center suspended for 2 - 5 months;

dd) Fraudulent documents shall be confiscated in case of commitment of any of the violations specified in Point g Clause 3 of this Article.

Article 38. Penalties for violations against regulations on inspection of technical and environmental safety of motor vehicles

1. A fine of VND 1,000,000 - VND 2,000,000 shall be imposed upon the inspector of the Registry who commits any of the following violations:

a) Falsifying inspection results;

b) Failure to follow relevant procedures and regulations during the inspection.

2. A fine of VND 5,000,000 - VND 7,000,000 shall be imposed upon the Registry that commits any of the following violations:

a) Failure to publicly put up inspection procedures at its office;

b) Failure to carry out inspections as assigned;

c) Employing unqualified people as inspectors;

d) Carrying out inspections without adequate devices and personal protective equipment.

3. A fine of VND 8,000,000 - VND 12,000,000 shall be imposed upon the Registry that commits 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) Failure to supervise the inspection processes and verify inspection results.

4. Apart from incurring fines, the violator shall also incur the following additional penalties:

a) The inspector certificate shall be suspended for 1 – 3 months in case of commitment of any of the violations specified in Clause 1 of this Article;

b) The license for motor vehicle inspection and registration shall be suspended for 1 –3 months in case of commitment of any of the violations specified in Point c, Point d Clause 2; Point a, Point b Clause 3 of this Article.

Chapter III

VIOLATIONS, PENALTIES, FINES, AND REMEDIAL MEASURES FOR RAIL TRANSPORT OFFENCES

SECTION 1. VIOLATIONS AGAINST REGULATIONS ON RAILWAY SIGNALS, RAILWAY RULES AND RAILWAY SAFETY

Article 39. Penalties for violations against regulations on installation of signaling systems and devices at railroad crossings

1. A fine of VND 3,000,000 - VND 5,000,000 shall be imposed upon the organization in charge of administration of railway or road infrastructure that fails to install or properly and adequately install signaling systems and devices at railroad crossings as prescribed.

2. Apart from the penalties, the organization that commits the violation specified in Clause 1 of this Article shall be compelled to adequately install signaling systems and devices at railroad crossings as prescribed.

Article 40. Penalties for violations against regulations on inspection and repair of coaches, train assembly and brake testing

1. A fine of VND 300,000 - VND 500,000 shall be imposed upon the inspector that:

a) Fails to inspect and repair inbound and outbound trains or inadequately inspects and repairs inbound and outbound trains;

b) Repairs coaches on the rail in a station without warning signals;

c) Connects a coach that fails to meet safety requirements to the train; or

d) Fails to detect or repair damage to the coaches and thus causes train delay.

2. A fine of VND 500,000 - VND 1,000,000 shall be imposed upon a train dispatcher or traffic controller who assembles a train against National Technical Regulations on rail operation.

3. A fine of VND 1,000,000 - VND 2,000,000 shall be imposed upon a train dispatcher or traffic controller that:

a) Assembles coaches that fail to meet safety requirements; or

b) Assembles cargo coaches that contain animals, stinky goods, flammable/explosive substances, hazardous substances, or other dangerous goods into a passenger train.

4. A fine of VND 2,000,000 - VND 3.000,000 shall be imposed upon a traffic controller, train captain, train driver, or train inspector that:

a) Allows a train without sufficient brake pressure to run from the assembly station to another station that requires brake testing; or

b) Allows a train to run without brake testing.

5. Apart from incurring penalties, the person that commits any of the violations specified in Clause 4 of this Article shall be compelled to carry out brake testing as prescribed.

Article 41. Penalties for violations against regulations on shunting

1. A fine of VND 500,000 - VND 1,000,000 shall be imposed upon the driver of the shunter, shunting commander or worker that:

a) Allows the locomotive to move before receiving a shunting plan or signal from the shunting commander;

b) Exceeds the permissible shunting limit;

c) Kicks or drops a coach marked “No kicking”, or in a station where kicking is prohibited;

d) Kicks a coach to a track where another coach is under repair or loading; kicks a coach to a track in the rail section or a track where lighting is insufficient, or in a foggy or storming whether;

dd) Lets the coach pass the safety mark after shunting, except for prescribed special cases;

e) Leaves a locomotive or coach on a safety track without order from a competent person;

g) Place chokes on the rail where prohibited;

h) Carries out shunting before the coaches are connected as prescribed; or

i) Leaves unclassified and coaches on the station rail in the rail section or separate track without connecting them or applying the brakes at the ends of the consists or choking properly.

2. A fine of VND 1,000,000 - VND 1,500,000 shall be imposed upon the train driver or shunting commander who shunts the train beyond the station perimeter.

Article 42. Penalties for violations against regulations on train operation

1. A fine of VND 200,000 - VND 400,000 shall be imposed upon the train driver, train captain, or traffic controller who fails to sign the warning.

2. A fine of VND 400,000 - VND 500,000 shall be imposed upon the train driver, train captain, traffic controller, or train inspector responsible for brake testing who fails to sign the certification of brake functionality as prescribed.

3. A fine of VND 1,000,000 - VND 3,000,000 shall be imposed upon the train driver that:

a) Reverses the train in a foggy or stormy weather without receiving signals;

b) Reverses the train while the signal transmission is interrupted while another train in the same direction is running behind;

c) Reverses the train in the rail section without orders;

d) Runs or reverses the train without permission after a distress signal has been sent; or

dd) Reverses the train when is pushed by a locomotive to the rail section.

4. A fine of VND 3,000,000 - VND 5,000,000 shall be imposed upon the traffic controller, train driver, or captain that allow the train to enter the rail section without evident permission.

5. Apart from incurring fines, the train driver that commits any of the violations mentioned in Clause 3, Clause 4 of this Article shall also have his train driver’s license suspended for 1 - 3 months.

Article 43. Penalties for violations against regulations on receiving and sending trains

1. A fine of VND 200,000 - VND 400,000 shall be imposed upon a rail worker that commits any of the following violations on guard duty:

a) Failure to receive or send inbound and outbound trains while on watch at the station, switch, crossing, road-rail bridge, or while patrolling a bridge or road, or failure to do so properly;

b) Failure to record every telegram while on watch at the station;

c) Failure to record sufficient information about the times when trains pass by while on watch at the station, crossing, or road-rail bridge.

2. A fine of VND 500,000 - VND 1,000,000 shall be imposed upon the traffic controller allows the train to park before the entrance signal post without acceptable explanation.

3. A fine of VND 1,000,000 - VND 3,000,000 shall be imposed upon the flagman at the crossing or road-rail bridge that fails to erect the barrier on time.

4. A fine of VND 2,000,000 - VND 4,000,000 shall be imposed upon the traffic controller that commits any of the following violations:

a) Failure to take safety measures when a train is approaching;

b) Mistaking the trains;

c) Receiving or sending a train without taking the switch key or lock the switch;

d) Allows a train to enter a rail section without notifying the flagman as prescribed.

Article 44. Penalties for violations against regulations on observance of railway signals

1. A fine of VND 300,000 - VND 500,000 shall be imposed upon the train driver, shunting commander or worker that commits any of the following violations:

a) Failure to respond to shunting signals by blowing the train whistle;

b) Failure to send appropriate signals while shunting.

2. A fine of VND 2,000,000 - VND 3,000,000 shall be imposed upon:

a) The train driver or captain who allows the train to run without receiving a safety signal from the traffic controller or the signaling employee;

b) The train driver who drives the train pass the signals to enter or leave a closed station without permission from the chief traffic controller;

c) The train driver who fails to stop the train when it reaches the protective flare and the flare sets off;

d) The train driver who keeps the train running after receiving the stop signal.

3. Apart from incurring fines, the train driver that commits any of the violations specified in Point b, Point c, Point d Clause 2 of this Article shall also have his train driver’s license suspended for 1 - 3 months.

Article 45. Penalties for violations against regulations on train dispatching

1. A fine of VND 5,000,000 - VND 7,000,000 shall be imposed upon the train dispatcher that fails to check the adherence to the timetable and train assembly plan.

2. A fine of VND 2,000,000 - VND 3,000,000 shall be imposed upon the train dispatcher that commits any of the following violations:

a) Sending train orders ultra vires;

b) Failure to order the traffic controller to send warnings to the train driver in time;

c) Failure to order the blockade of a rail section to execute construction or repair railway infrastructure; sending a rescue train or building train to the section that need blocking;

d) Causing train delay or traffic congestion due to late transmission of orders.

Article 46. Penalties for violations against regulations traffic at railroad crossings, road-rail bridges, and tunnels

1. A fine of VND 50,000 - VND 60,000 shall be imposed upon:

a) Any pedestrian who trespasses the barrier of the crossing or road-rail bridge when barrier is moving or has closed or the light has turned red; disobeys the signals, signs, road markings, or instructions of the flagman when going through the crossing or road-rail bridge, or tunnel;

b) Any bicycle, motored bicycle, or non-motorized vehicle operator that disobeys the signals, signs, or road markings when going through the crossing or road-rail bridge.

2. A fine of VND 80,000 - VND 100,000 shall be imposed upon any bicycle, motored bicycle, non-motorized vehicle operator that trespasses the barrier of the crossing or road-rail bridge while the barrier is moving or when the light has turned red; disobeys the signals or instructions of the flagman when going through the crossing or road-rail bridge.

3. A fine of VND 100,000 - VND 200,000 shall be imposed upon the operator of a motorcycle, moped or motorcycle-like vehicle (including electric motorcycles) who stops or parks within the length of the crossing or road-rail bridge, or disobeys the signals, signs, or road markings when going through the crossing or road-rail bridge.

4. A fine of VND 300,000 - VND 400,000 shall be imposed upon the operator of a motorcycle, moped or motorcycle-like vehicle (including electric motorcycles) that trespasses the barrier of the crossing or road-rail bridge while the barrier is moving or when the light has turned red; disobeys the signals or instructions of the flagman when going through the crossing or road-rail bridge.

5. A fine of VND 400,000 - VND 600,000 shall be imposed upon any operator of a tractor or heavy-duty vehicle who:

a) Stops, parks, or makes an u-turn within the length of the crossing or road-rail bridge; disobeys the signals, signs, or road markings when going through the crossing or road-rail bridge; or

b) Trespasses the barrier of the crossing or road-rail bridge while the barrier is moving or when the light has turned red; disobeys the signals or instructions of the flagman when going through the crossing or road-rail bridge.

6. A fine of VND 600,000 - VND 800,000 shall be imposed upon any operator of a car or car-like vehicle who stops parks or makes an u-turn within the length of the crossing or road-rail bridge; disobeys the signals, signs, or road markings when going through the crossing or road-rail bridge.

7. A fine of VND 1,200,000 - VND 2,000,000 shall be imposed upon any operator of a car or car-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.

8. A fine of VND 3,000,000 - VND 5,000,000 shall be imposed upon any operator of a road vehicle who:

a) Damages the barrier or other equipment at the crossing while operating the motor vehicle; or

b) Drives a tracked vehicle, iron-wheel road roller, transporter of oversized cargo or cargo exceeding the dimensional limit across the crossing without notifying the crossing management unit, or without taking safety measures properly.

9. Apart from incurring fines, the vehicle operator who commits any of the violations mentioned in Clause 4, Point b Clause 5, Clause 7 of this Article shall also have his driving license suspended for 1 - 3 months.

10. Apart from incurring the penalties, the vehicle operator who commits any of the violations specified in Clause 8 of this Article shall be compelled to repair the damage caused by the violation.

Article 47. Penalties for violations against regulations on prevention and settlement of railway accidents

1. A fine of VND 100,000 - VND 200,000 shall be imposed upon the individual that fails to report the railway accident to the nearest train station, railway authority, local authority, or police station.

2. A fine of VND 1,000,000 - VND 2,000,000 shall be imposed upon the responsible individual who fails to discover incidents or obstacles on the railway that threaten the rail transport safety, or fails to report them or take protective measures properly.

3. A fine of VND 2,000,000 - VND 3,000,000 shall be imposed upon the responsible individual who fails compile initial documents about the accident; fails to report the railway accident relevant entities as prescribed.

4. A fine of VND 3,000,000 - VND 4,000,000 shall be imposed upon an individual, VND 6,000,000 - VND 8,000,000 upon an organization that commits any of the following violations:

a) Failure to provide sufficient information or documents related to the railway accident;

b) Failure to perform rescue duty while capable;

c) Failure to be present at the crash scene when informed of a railway accident;

d) Failure to take measures for preventing railway accidents when discovering or informed of damage to a railway work;

dd) Failure to resolve the issues affecting the train operation;

e) Obstructing the restoration of the railway when an accident happens.

5. A fine of VND 4,000,000 - VND 6,000,000 shall be imposed for:

a) Changing the crash scene;

b) Taking advantage of the railway accident to appropriate property or vehicle involved in the accident; disturbing, obstructing the handling of the railway accident;

c) Failure to report to a competent authority after causing a railway accident;

d) Failure to cooperate or disobeying orders of competent persons or authorities for repair of damage and restoration of rail transport.

6. A fine of VND 15,000,000 - VND 20,000,000 shall be imposed upon the rail transport company that commits any of the following violations:

a) Failure to prevent and handle railway accidents to ensure safe and continuous rail transport;

b) Disobeying the direction of the organization in charge of preventing and handling railway accidents;

c) Failure to report threats to train operation and suspension of train operation to the traffic controllers at two ends of the rail section where the threat is found, or to the rail transport operators;

d) Failure to suspend train operation when the rail infrastructure is found threatening train operation safety.

Article 48. Penalties for violations against regulations on railway safety assurance

1. A fine of VND 300,000 - VND 500,000 shall be imposed for:

a) Walking, standing, lying, sitting on/in railway bridges/tunnels, except for the workers on duty;

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 on the roof of the coach, locomotive, steps; hanging, standing, sitting on the sides of the coach, locomotive, or connector; opening the train doors; poking the head, arm, leg, or other stuff out the coach when the train is running, except for the workers on duty;

dd) Placing farm produce and other objects on the railway line or other railway works;

e) Spilling debris or other materials on the railway line.

2. A fine of VND 2,000,000 - VND 3,000,000 shall be imposed for:

a) Anchoring a ship, boat, other watercraft or object within the safety perimeter of the railway bridge;

b) Placing a road vehicle, equipment, materials, or cargo in the railway clearance, except for the violations specified in Point b Clause 3 of this Article.

3. A fine of VND 3,000,000 - VND 5,000,000 shall be imposed for:

a) Obstructing the train operation; arbitrarily using signals or equipment to stop the train, unless a threat to railway safety is found;

b) Placing obstacles on the railway line.

4. A warning or fine of from 5,000,000 - VND 10,000,000 shall be imposed upon any individual who drops wood, stones, or other objects causing a railway accident.

5. Apart from the fines, the violator shall also be compelled to:

a) Leave the railway bridge or tunnel in case of commitment of any of the violations specified in Point a Clause 1 of this Article;

b) Remove the farm produce and other objects from the railway line or other railway works in case of commitment of any of the violations specified in Point dd Clause 1 of this Article;

c) Remove the debris, obstacles, and other materials from the railway line in case of commitment of any of the violations specified in Point e Clause 1, Point b Clause 3 of this Article;

d) Remove the ship, boat, other watercraft or object from the safety perimeter of the railway bridge in case of commitment of any of the violations specified in Point a Clause 2 of this Article;

dd) Removing the road vehicle, equipment, materials, or cargo from the railway clearance in case of commitment of any of the violations specified in Point b Clause 2 of this Article.

SECTION 2. VIOLATIONS AGAINST REGULATIONS ON RAILWAY INFRASTRUCTURE

Article 49. Penalties for violations against regulations on protection of railway works

1. A warning or a fine of VND 100,000 - VND 200,000 shall be imposed upon any individual who dumps garbage on the railway or dropping domestic waste from the train to the railway.

2. A fine of VND 3,000,000 - VND 5,000,000 shall be imposed upon an individual, VND 6,000,000 - VND 10,000,000 upon an organization that commits any of the following violations:

a) Dumping or placing hazardous substances or waste on the railway or from dumping them from a train to the railway;

b) Dumping debris, other materials on the railway or dropping them from the train to the railway in transit;

c) Illegally placing flammable or explosive substances within the land area for rail transport;

d) Blocking the signs, landmarks, or signals of railway works;

dd) Damaging the railway drainage system;

e) Illegally placing concrete, wood, steel, or other materials within the safety perimeter of the railway work.

3. A fine of VND 5,000,000 - VND 10,000,000 shall be imposed upon an individual, VND 10,000,000 - VND 20,000,000 upon an organization that commits any of the following violations:

a) Digging, extracting earth and stone within the perimeter of the railway work or the railway safety corridor;

b) Damaging, illegally removing walls or fences that separate the railway and the surrounding; moving or destroying the marks of railway perimeters or railway safety corridor;

c) Damaging, changing, moving the signs, landmarks, or signals of railway works.

4. A fine of VND 10,000,000 - VND 20,000,000 shall be imposed upon an individual, VND 20,000,000 - VND 40,000,000 upon an organization that commits any of the following violations:

a) Illegally opening a railway crossing, setting up power or communication line, building an overpass, underpass, drain, or other works across the railway;

b) Illegally drilling, digging, cutting the railway;

c) Illegally removing, moving the rails, sleepers, parts, components, supplies, and equipment of the railway signaling system.

5. A fine of VND 20,000,000 - VND 25,000,000 shall be imposed upon an individual, VND 40,000,000 - VND 50,000,000 upon an organization that commits any of the following violations:

a) Using explosive to extract stones, sand, or gravel causing the railway work to subside, crack, or blocking rail transport;

b) Connecting the national railway to another railway against the law.

6. Apart from incurring penalties, the violator shall be compelled to:

a) Remove the debris, hazardous substances, waste, and other materials from the railway in case of commitment of any of the violations specified in Clause 1; Point a, Point b Clause 2 of this Article;

b) Remove the flammable or explosive substances from the land area for rail transport in case of commitment of any of the violations specified in Point c Clause 2 of this Article;

c) Remove the objects that block the signs, landmarks, or signals of the railway work in case of commitment of any of the violations specified in Point d Clause 2;

d) Restore the original condition of the railway drainage system in case of commitment of any of the violations specified in Point dd Clause 2 of this Article;

dd) Remove the concrete, wood, steel, or other materials from the safety perimeter of the railway work in case of commitment of any of the violations specified in Point e Clause 2 of this Article;

e) Restore the original condition in case of commitment of any of the violations specified in Clause 3 of this Article;

g) Dismantle the illegal construction work and restore the original condition in case of commitment of any of the violations specified in Clause 4, Clause 5 of this Article.

Article 50. Penalties for violations against regulations on construction, resource attraction, and other activities in the vicinity of railway works

1. A fine of VND 1,000,000 - VND 3,000,000 shall be imposed upon an individual, VND 2,000,000 - VND 6,000,000 upon an organization that carries out construction or resource attraction or other activities in the vicinity of a railway work without taking measures for assurance of railway work safety and rail transport safety.

2. A fine of VND 3,000,000 - VND 6,000,000 shall be imposed upon an individual, VND 6,000,000 - VND 12,000,000 upon an organization that commits any of the following violations:

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) Executing construction within the corner blocking the view of operators of road vehicles or rail vehicles at a railroad crossing without appointing a flagman;

d) Executing construction or resource extraction or other activities in the vicinity of a railway work damaging the railway work.

3. A fine of VND 10,000,000 - VND 20,000,000 shall be imposed upon an individual, VND 20,000,000 - VND 40,000,000 upon an organization that commits any of the violations specified in Clause 1 and Clause 2 of this Article causing a railway accident.

4. Apart from incurring penalties, the violator shall be compelled to:

a) Take measures to ensure railway safety in case of commitment of any of the violations specified in Clause 1 of this Article;

b) Dismantle the construction work threatening railway safety in case of commitment of any of the violations specified in Point a, Point b, Point c Clause 2 of this Article;

c) Restore the original condition of the railway work in case of commitment of any of the violations specified in Point dd Clause 2 of this Article.

Article 51. Penalties for violations against regulations on using land area for rail transport

1. A fine of VND 300,000 - VND 500,000 shall be imposed upon an individual, VND 600,000 - VND 1,000,000 upon an organization that commits any of the following violations:

a) Planting trees higher than 1.5 m within the railway safety corridor; planting trees within 02 m from the bottom edge of the elevated surface, 05 from the upper edge of the slope, or 03 m from the outer edge of the vertical gutter or middle gutter of the road;

b) Trading goods, holding markets, herding cattle within the perimeter of the railway or the railway safety corridor.

2. A fine of VND 500,000 - VND 1,000,000 shall be imposed upon an individual, VND 1,000,000 - VND 2,000,000 upon an organization that uses land within the perimeter the railway work or the railway safety corridor for farming purposes damaging the railway work or causing it to subside or crack, or blocking rail transport.

3. A fine of VND 2,000,000 - VND 3,000,000 shall be imposed upon an individual, VND 4,000,000 - VND 6,000,000 upon an organization that commits any of the following violations:

a) Illegally placing vehicles, equipment, materials, goods, wastes, or other items within the perimeter of the railway or the railway safety corridor;

b) Illegally erecting booths, temporary constructions within the land area for rail transport;

c) Placing, erecting advertising boards, sign boards or other obstacles within the land area for rail transport;

d) Delaying removal of the booths or construction, or obstructing the construction, repair, expansion, or assurance of railway work safety at the request of a competent authority.

4. A fine of VND 20,000,000 - VND 25,000,000 shall be imposed upon an individual, VND 40,000,000 - VND 50,000,000 upon an organization that commits any of the following violations:

a) Illegally erecting tents, kiosks, other permanent works within the land area for rail transport;

b) Illegally erecting advertising boards or sign boards within the land area for rail transport.

5. Apart from incurring penalties, the violator shall be compelled to:

a) Cut down the trees illegally planted in case of commitment of any of the violations specified in Point a Clause 1 of this Article;

b) Restore the original condition in case of commitment of any of the violations specified in Clause 2 of this Article;

c) Remove the vehicle, equipment, materials, goods, waste, and other objects from the railway work perimeter or railway safety corridor in case of commitment of any of the violations specified in Point a Clause 3 of this Article;

d) Remove the illegal booth, temporary work from the land area for rail transport in case of commitment of any of the violations specified in Point b Clause 3 of this Article;

dd) Remove the illegal advertising boards, signboards and other obstacles from the land area for rail transport in case of commitment of any of the violations specified in Point c Clause 3 of this Article;

e) Remove the illegal house, permanent work, advertising board, signboard from the land area for rail transport in case of commitment of any of the violations specified in Clause 4 of this Article.

Article 52. Penalties for violations against regulations on railway infrastructure administration

1. A fine of VND 5,000,000 - VND 10,000,000 shall be imposed upon the organization responsible for railway infrastructure management, operation, and maintenance that commits any of the following violations:

a) Failure to keep or properly keep records on important positions;

b) Failure to discover or report the discovered infringements upon the railway perimeter or the railway safety corridor under their management to competent authorities;

c) Failure to keep or properly keep records on management of railway works and railway safety corridors.

2. A fine of VND 10,000,000 - VND 20,000,000 shall be imposed upon the organization responsible for railway infrastructure management, operation, and maintenance that commits any of the following violations:

a) Failure to carry out or properly carry out inspections;

b) Failure to repair damage to railway works;

c) Failure to repair, replace or fortify damaged parts of the railway infrastructure to sustain its quality.

3. Apart from the penalties, the violator shall also be compelled to:

a) Take measures to ensure rail transport safety in case of commitment of any of the violations specified in Point a, Point b Clause 2 of this Article;

b) Repair, replace, or fortify damaged parts of the railway infrastructure to sustain its quality in case of commitment of any of the violations specified in Point c Clause 2 of this Article.

Article 53. Penalties for violations against regulations on construction of railway works

1. A fine of VND 1,000,000 - VND 3,000,000 shall be imposed upon an individual, VND 2,000,000 - VND 6,000,000 upon an organization that commits any of the following violations:

a) Failure to notify the supervisory agency of the railway work before commencing the construction;

b) Failure to provide adequate signaling and safety equipment during the construction;

c) Failure to install or properly install adequate warning signs and signals; failure to take measures to ensure the traffic safety during the construction process;

d) Operating construction equipment without an appropriate qualification;

dd) Improperly placing a vehicle, material, or construction equipment blocking rail transport or threatening traffic safety;

e) Executing a railway work construction after the construction license has expired;

g) Placing building equipment, warning signs, and other materials within the railway clearance after the blockade period is over;

h) Failure to notify the supervisory agency of the railway work of the completion of the construction.

2. A fine of VND 3,000,000 - VND 5,000,000 shall be imposed upon an individual, VND 6,000,000 - VND 10,000,000 upon an organization that commits any of the following violations:

a) Executing construction without a construction license or one issued by a competent authority; executing construction against the construction license issued by a competent authority;

b) Failure to take measures for preventing accidents when finding that the construction threatens rail transport safety.

3. A fine of VND 10,000,000 - VND 15,000,000 shall be imposed upon an individual, VND 20,000,000 - VND 30,000,000 upon an organization that executes construction on an operational track without taking measures for ensuring railway safety causing a railway accident.

4. Apart from incurring fines, the organization or individual that commits any of the violations specified in Point e Clause 1, Point a Clause 2, Clause 3 of this Article shall be suspended from construction for 1 -3 months or have their construction license suspended for 1 – 3 months (if any).

5. Apart from incurring penalties, the violator shall be compelled to:

a) Provide adequate safety equipment and signaling devices in case of commitment of any of the violations specified in Point b Clause 1 of this Article;

b) Provide adequate warning signs, signals and take measures for ensuring traffic safety in case of commitment of any of the violations specified in Point c Clause 1 of this Article;

c) Place building equipment and material properly in case of commitment of any of the violations specified in Point dd Clause 1 of this Article;

d) Remove the building materials and equipment from the railway clearance in case of commitment of any of the violations specified in Point g Clause 1 of this Article;

dd) Take measures to ensure rail transport safety in case of commitment of any of the violations specified in Point b Clause 2 of this Article.

SECTION 3. VIOLATIONS AGAINST REGULATIONS ON RAILWAY VEHICLES

Article 54. Penalties for violations against regulations on rail worthiness

1. A fine of VND 500,000 - VND 1,000,000 shall be imposed upon an individual, VND 1,000,000 - VND 2,000,000 upon an organization that operates improvised vehicles on the railway.

2. A fine of VND 6,000,000 - VND 10,000,000 shall be imposed for each violating vehicle upon the organization in charge of administration of railway vehicle operation that commits any of the following violations:

a) Allowing a vehicle to operate on the railway without the certificate of registration or certificate of technical and environmental safety, unless they are newly imported, being tested, or sent back for repair;

b) Allowing a vehicle which is not consistent with the certificate of registration or certificate of technical and environmental safety to operate on the railway;

c) Allowing a vehicle banned from operation to operate on the railway.

3. A fine of VND 15,000,000 - VND 20,000,000 shall be imposed upon the organization that commits any of the violations specified in Point c Clause 2 of this Article causing a railway accident.

4. Apart from the fines, the person or organization that commits the violations in Clause 1 of this Article shall have their improvised vehicle confiscated.

Article 55. Penalties for violations against regulations necessary information and instructions for railway vehicles

1. A fine of VND 2,000,000 - VND 3,000,000 shall be imposed upon the organization responsible for railway vehicle operation that fails to put up or adequately put up the train rules and regulations, the route, names of transit stations and the destination station, what to do in case of accident on each coach as prescribed.

2. A fine of VND 3,000,000 - VND 5,000,000 shall be imposed upon the organization responsible for railway vehicle operation that fails put up or adequately put up the reference number, registration number, and other symbols on each of the railway vehicles.

Article 56. Penalties for violations against regulations on braking equipment and assembling trains

1. A fine of VND 3,000,000 - VND 5,000,000 shall be imposed upon the organization responsible for administration of railway vehicle operation that commits any of the following violations:

a) Failure to install automatic or manual brake or functional one on the railway vehicle;

b) Failure to install an emergency brake handle or a functional one in each passenger coach and at the working position of the captain;

c) Failure to periodically check and seal the emergency brake handle and pressure gauge;

d) Failure to install a pressure gauge or a functional one at the working position of the captain and some passenger cars;

dd) Failure to properly place the assembling equipment.

2. A fine of VND 10,000,000 - VND 15,000,000 shall be imposed upon the organization responsible for administration of railway vehicle operation that uses a rear signaling device without a certification that is unexpired and issued by a competent authority, or uses a rear signaling device that is not functional.

3. Apart from the penalties, the violator shall also be compelled to:

a) Install the automatic or manual brake in case of commitment of any of the violations specified in Point a Clause 1 of this Article;

b) Install the emergency brake handle at the working position of the captain and passenger coaches in case of commitment of any of the violations specified in Point b Clause 1 of this Article;

c) Install the pressure gauge at the working position of the captain and some passenger coaches in case of commitment of any of the violations specified in Point d Clause 1 of this Article;

d) Install the assembling equipment properly in case of commitment of any of the violations specified in Point dd Clause 1 of this Article;

dd) Replace the rear signaling device in case of commitment of any of the violations specified in Clause 2 of this Article.

Article 57. Penalties for violations against regulations necessary equipment on railway vehicles

1. A fine of VND 1,000,000 - VND 2,000,000 shall be imposed upon the captain or train driver that:

a) Fails to provide or adequately provide fire-fighting equipment and materials, first-aid kits, equipment for choking and signaling on the freight train;

b) Fails to provide or adequately provide escape equipment, fighting equipment and materials, first-aid kits, tools and materials for minor repairs, equipment for choking and signaling on the passenger train;

c) Failure to put up the regulations, route, names of destination stations, and how to deal with accidents or fire on the train.

2. A fine of VND 3,000,000 - VND 5,000,000 shall be imposed upon the organization responsible for administration of railway vehicle operation that puts a passenger coach into operation without adequate and functional equipment.

3. A fine of VND 5,000,000 - VND 10,000,000 shall be imposed upon the organization responsible for administration of railway vehicle operation that commits any of the following violations:

a) The locomotive or powered vehicle does not have a speedometer, equipment for recording speed and information related to the train operation (black box), equipment that helps the driver to stay awake while operating the train (if required) or functional ones;

b) There is no speedometer or equipment for communication between the driver and the captain or functional ones installed at the working position of the captain.

4. Apart from incurring penalties, the violator shall be compelled to:

a) Provide adequate fire-fighting equipment and materials, first-aid kits, equipment for choking and signaling on the freight train in case of commitment of any of the violations specified in Point a Clause 1 of this Article;

b) Provide adequate emergency escape equipment, fighting equipment and materials, first-aid kits, tools and materials for minor repairs, equipment for choking and signaling on the passenger train in case of commitment of any of the violations specified in Point b Clause 1 of this Article;

c) Install a speedometer, equipment for recording speed and information related to the train operation (black box), the equipment that helps the driver to stay awake while operating the train (if required) on the locomotive or powered vehicle in case of commitment of any of the violations specified in Point a Clause 3 of this Article;

d) Install a speedometer or equipment for communication between the driver and the captain at the working position of the captain in case of commitment of any of the violations specified in Point b Clause 3 of this Article.

SECTION 4. PENALTIES FOR VIOLATIONS COMMITTED BY RAILWAY EMPLOYEES

Article 58. Penalties imposed upon employees directly serving the train operation violating regulations on qualifications

1. A fine of VND 1,000,000 - VND 2,000,000 shall be imposed upon the train driver that operates a railway vehicle without carrying the train driver’s license or an unexpired one or one that matches the vehicle.

2. A warning or fine of from 4,000,000 - VND 6,000,000 shall be imposed for using a fake qualification, fake train operator’s license, or failure to obtain a train driver’s license.

3. Apart from the fines, the person that commits any of the violations in Clause 2 of this Article shall have their fake qualification or fake train driver’s license confiscated.

Article 59. Penalties imposed upon train dispatchers, train captains, shunting workers, road and bridge patrolling staff, crossing and road-rail bridge flagmen, onboard inspectors, passenger control staff, train inspectors, and onboard electricians violating regulations on alcohol content

1. A fine of VND 500,000 - VND 1,000,000 shall be imposed for working under the influence of alcohol but the BAC or BrAC is below the level specified in Point a Clause 2 of this Article.

2. A fine of VND 2,000,000 - VND 3,000,000 shall be imposed for any of the following violations:

a) Working while BAC exceeds 80 mg per 100 ml of blood, or BrAC exceeds 0.4 mg per liter of breath;

b) Disobeying the law enforcement officer’s order for alcohol content testing;

c) Using other banned stimulants.

Article 60. Penalties imposed upon railway workers violating regulations on railway safety

1. A warning or a fine of VND 100,000 - VND 200,000 shall be imposed upon any railway worker involved in train operation or passenger service who fails to wear uniform, badge, name tag as prescribed while working.

2. A fine of VND 500,000 - VND 1,000,000 shall be imposed upon:

a) The captain that allows people to walk, stand, lie, or sit on the roof of the coach, hang from the coach, locomotive, or connector;

b) The captain or train driver that allows passengers to get on freight train;

c) The attendant that allows street vendors and people without tickets to get on the train, allows passengers to get on or get off the train while it is running;

d) The patrolling employee that fails to check and discover the damage to the tunnel, bridge, railway, railway perimeter or rail transport safety corridor or fails to take remedial measures or report the damage to a competent person;

dd) The railway worker who fails to adhere to professional procedures causing train delay.

3. A fine of VND 3,000,000 - VND 5,000,000 shall be imposed upon the person who commits any of the violations specified in Point dd Clause 2 of this Article causing a railway accident.

4. Apart from incurring penalties, the person that commits any of the violations specified in Point a Clause 2 of this Article shall be compelled to take the violator to their position.

Article 61. Penalties for overloading railway vehicles

1. A fine of VND 1,000,000 - VND 2,000,000 shall be imposed for each excess passenger upon the railway company that sells more tickets than the number of seats (the total fine shall not exceed 150,000,000) unless it is permitted by a competent authority.

2. A fine of VND 3,000,000 - VND 5,000,000 shall be imposed upon the railway company that loads cargo onto a coach exceeding the legal limit by >10% - 40%.

3. A fine of VND 5,000,000 - VND 10,000,000 shall be imposed upon the railway company that loads cargo onto a coach exceeding the legal limit by >40% - 100%.

4. A fine of VND 10,000,000 - VND 20,000,000 shall be imposed upon the railway company that loads cargo onto a coach exceeding its capacity by more than 100%.

5. Apart from the penalties, the violator shall also be compelled to:

a) Provide another vehicle to carry the excess passengers in case of commitment of any of the violations specified in Clause 1 of this Article;

b) Remove the amount of cargo that exceeds the coach capacity in case of commitment of any of the violations specified in Clause 2, Clause 3, Clause 4 of this Article.

Article 62. Penalties incurred by the driver and co-driver

1. A fine of VND 300,000 - VND 500,000 shall be imposed upon the co-driver that fails to supervise the train speed, observe and inform the driver of signals and signs.

2. A fine of VND 500,000 - VND 1,000,000 shall be imposed upon the train driver that:

a) Leaves the driving position while the locomotive is working;

b) Allows unauthorized people or cargo in the locomotive;

c) Damages the equipment that keeps the driver awake while operating the train;

d) Disobeys the instructions of the captain, signals or signs;

dd) Fails to carry or adequately carry flags, signal lamps, flares, or chocks in the locomotive during the shift.

3. A fine of VND 1,000,000 - VND 2,000,000 shall be imposed upon the train driver that:

a) Stops the train against the rules without acceptable explanation;

b) Lets the train moving pass the stop signal;

c) Exceeds the speed limits by 5 - 10 km/h.

4. A fine of VND 3,000,000 - VND 5,000,000 shall be imposed upon:

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

b) Working under the influence of alcohol but the BAC or BrAC is below the level specified in Clause 6 or Point a Clause 7 of this Article.

5. A fine of VND 5,000,000 - VND 7,000,000 shall be imposed upon the driver that exceeds the speed limits by more than 20 km/h.

6. A fine of VND 8,000,000 - VND 10,000,000 shall be imposed for working while BAC exceeds 50 mg - 80 mg per 100 ml of blood, or BrAC exceeds 0.25 mg 0.4 mg per liter of breath;

7. A fine of VND 10,000,000 - VND 15,000,000 shall be imposed upon:

a) Working while BAC exceeds 80 mg per 100 ml of blood, or BrAC exceeds 0.4 mg per liter of breath;

b) Disobeying the law enforcement officer’s order for alcohol content testing;

c) Using other banned stimulants.

8. Apart from incurring fines, the person who commits any of the violations mentioned in Clause 3, Clause 4, Clause 5, Clause 6, Clause 7 of this Article shall also have his/her train driver’s license suspended for 1 - 3 months.

9. Apart from the penalties, the person that commits the violation specified in Point b Clause 2 of this Article shall be compelled to remove the passengers and cargo from the locomotive.

Article 63. Penalties for violations against regulations on employees directly serving train operation

A fine of VND 5,000,000 - VND 10,000,000 shall be imposed upon the organization that employs people without qualifications that match their positions; employs people that fail to meet health standards.

Article 64. Penalties imposed upon rail transport training institutions violating regulations of laws on training and issuance of qualifications

1. A fine of VND 3,000,000 - VND 5,000,000 shall be imposed for:

a) Failure to meet the requirements and standards applied to rail transport training institutions;

b) Failure to comply with the regulations on recruitment, training programs, examination, issuing/replacing qualifications;

2. A warning or fine of from 5,000,000 - VND 10,000,000 shall be imposed for providing training or issuing qualifications without approval by a competent authority.

3. Apart from incurring fines, the organization that commits any of the violations specified in Clause 1 of this Article shall be suspended from recruitment for 1 – 3 months.

4. Apart from incurring penalties, the organization that commits any of the violations specified in Clause 2 of this Article shall have to revoke the qualifications illegally issued.

Article 65. Penalties for violations against regulations on formulation of rules for technical management of train station and putting up the rules for technical management of train station or rail station

1. A fine of VND 1,000,000 - VND 3,000,000 shall be imposed upon the chief of the train station who fails to put up or adequately put up the rules for technical management of train station or rail station.

2. A fine of VND 3,000,000 - VND 5,000,000 shall be imposed upon the train station that fails to establish the rules for technical management of train station or ones approved by a competent authority.

SECTION 5. VIOLATIONS AGAINST REGULATIONS ON RAILWAY SERVICES

Article 66. Penalties for violations against regulations on conditions for railway service provision

1. A fine of VND 10,000,000 - VND 20,000,000 shall be imposed upon the enterprise that loading, unloading goods at the train station or freight yard, the company that store goods at the train station, the company that manufactures, assemblies, modifies, repairs vehicles, the company that provides rail transport services, the railway infrastructure company that commits any of the following violations:

a) Using material-handling equipment that fails to meet safety standards; employing the people without qualifications to operate material-handling equipment;

b) Failure to comply with regulations on fire safety and environmental hygiene in the warehouse; using substandard warehouses or yards;

c) Manufacturing, assembling, modifying, repairing vehicles without supervision and quality control; failure to employ bachelors in auto mechanics; failure to prepare a fire safety plan and environmental pollution prevention plan;

d) Providing rail transport services or road infrastructure services without a safety certificate, or using a fake or expired safety certificate;

dd) Providing rail transport services without an insurance contract (for transport of passengers and dangerous goods by train); failure to employ a person that holds a bachelor s degree in rail transport or has at least 03 years experience of rail transport operation to administer rail transport operation;

e) Failure to employ a person that holds a bachelor’s degree in railway infrastructure or has at least 03 years’ experience of railway infrastructure operation to take charge of railway infrastructure operation.

2. Apart from incurring fines, the organization that commits any of the violations specified in Point d Clause 1 of this Article shall have its fake or expired certificate confiscated.

Article 67. Penalties for violations against regulations on railway service provision

1. A fine of VND 3,000,000 - VND 5,000,000 shall be imposed upon the rail transport company that commits any of the following violations:

a) Transporting corpses and bones against the law;

b) Transporting living or wild animals against the law;

c) Failure to put up or correctly put up information about: arrival and departure times, ticket prices, freights, other charges, ticket selling plan, list of goods banned from transport by passenger train, regulations on the company’s responsibility to serve passengers;

d) Failure to inform the number of remaining seats to passengers when selling tickets electronically.

2. A fine of VND 5,000,000 - VND 10,000,000 shall be imposed upon the rail transport company that fails to adhere to regulations on exemption of tickets or reduction of ticket prices

3. A fine of VND 10,000,000 - VND 20,000,000 shall be imposed upon the rail transport company that commits any of the following violations:

a) Failure to undertake special transport missions at the request of a competent authority;

b) Failure to comply with regulations on transporting oversized cargo;

c) Failure to comply with regulations on handling and transporting dangerous goods;

d) Failure to ensure passengers are provided with adequate conveniences when the transport is interrupted due to accidents, natural disasters, or sabotage;

dd) Failure to comply with regulations on handling, transporting, and securing dangerous goods on coaches.

4. Apart from incurring penalties, the violator shall also be compelled to:

a) Remove the corpse or animal at the nearest station for further actions in case of commitment of any of the violations specified in Point a, Point b Clause 1 of this Article;

b) Undertake special transport missions at the request of the head of the competent authority in case of commitment of any of the violations specified in Point a Clause 3 of this Article;

c) Take safety measures in case of commitment of any of the violations specified in Point b, Point c, Point dd Clause 3 of this Article.

Article 68. Penalties for using fake train tickets and selling train tickets against the law

1. A warning or fine of from 100,000 - VND 200,000 shall be imposed for using fake tickets on the train.

2. A fine of VND 2,000,000 - VND 4,000,000 shall be imposed upon:

a) Any ticketing staff of a train station, ticket agent, or on the train who sells tickets against the law;

b) Any person who trades in tickets to earn illicit profits.

3. A fine of VND 10,000,000 - VND 15,000,000 shall be imposed upon an individual, VND 20,000,000 - VND 30,000,000 upon an organization that commits any of the following violations:

a) Transporting fake train tickets;

b) Selling fake train tickets;

c) Storing fake tickets.

4. Apart from incurring fines, the violator shall also incur the following additional penalties:

a) Fake train tickets shall be confiscated in case of commitment of any of the violations specified in Clause 1 of this Article;

b) All tickets shall be confiscated in case of commitment of any of the violations specified in Point b Clause 2 of this Article;

c) Fake train tickets shall be confiscated in case of commitment of any of the violations specified in Clause 3 of this Article.

5. Apart from incurring penalties, the person that commits any of the violations specified in Clause 2, Point b Clause 3 of this Article shall have to give up the illicit profits.

SECTION 6. OTHER OFFENCES RELATED TO RAIL TRANSPORT

Article 69. Penalties for violations against other regulations on railway safety and security

1. A fine of VND 100,000 - VND 200,000 shall be imposed upon any person who:

a) Peddles on the train or in the train station;

b) Fails to comply with train regulations on the train;

c) Throws earth, stones, or other objects from the train while it is running.

2. A fine of VND 300,000 - VND 500,000 shall be imposed upon any person who:

a) Disturbs the order or safety on the train or in the train stations;

b) Threatens, infringes upon the health or belongings of passengers of railway workers;

c) Brings an animal that carries contagious diseases or a wild animal to the station or to the train;

d) Illegally brings a corpse, bones, flammable/explosive substance, or weapon to the station or train.

dd) Illegally brings a living animal to the train.

3. A fine of VND 500,000 - VND 1,000,000 shall be imposed upon any individual who throws earth, stones, or other objects at the train while it is running.

4. Apart from incurring penalties, the person who commits any of the violations specified in Point c, Point d, Point dd 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 a train station for further actions.

Chapter IV

POWER TO IMPOSE PENALTIES AND PENALTY IMPOSITION PROCEDURES

SECTION 1. POWER TO IMPOSE PENALTIES

Article 70. The power to impose administrative penalties for road traffic offences and rail transport offences

1. Presidents of the People’s Committees are entitled to impose penalties for the violations specified in this Decree that are committed locally.

2. Traffic police officers are entitled to impose penalties for:

a) Road traffic offences committed by people and vehicles on public roads; the violations against railway safety and order specified in this Decree;

b) The violations against regulations on protection of road infrastructure specified in Clause 1, Clause 2, Clause 4, Clause 5 Article 15 of this Decree.

3. Police officers, rapid reaction forces, mobile police officers, and administration police officers are entitled to ex officio impose penalties for the violations specified in:

a) Point dd, Point i Clause 1; Point g, Point h Clause 2; Point b, Point d, Point dd, Point e, Point k Clause 3; Point a, Point b, Point d, Point dd, Point g, Point i Clause 4; Point b Clause 5; Point a, Point d Clause 6; Point b, Point d Clause 8; Clause 9; Clause 10; Clause 11 Article 5 of this Decree;

b) Point e Clause 2; Point a, Point dd, Point e, Point h, Point i, Point k, Point l, Point o Clause 3; Point b, Point c, Point d, Point dd, Point g, Point i, Point k, Point m Clause 4; Point b, Point d, Point dd, Point e Clause 5; Clause 6; Point a Clause 7; Point b, Point c Clause 8; Clause 9; Clause 10; Clause 11 Article 6 of this Decree;

c) Point b, Point d, Point dd, Point e, Point g, Point h, Point i Clause 2; Point b, Point d Clause 3; Point c, Point dd, Point e, Point h, Point i Clause 4; Clause 5; Point a Clause 6; Clause 7; Clause 8 Article 7 of this Decree;

d) Point c, Point dd, Point e, Point g Clause 1; Clause 2; Clause 3; Clause 4; Clause 5 Article 8 of this Decree;

dd) Article 9, Article 10, Article 11, Article 12 of this Decree;

e) Clause 1, Clause 2, Clause 4, Clause 5 Article 15 of this Decree;

g) Article 18, Article 20 of this Decree;

h) Point b Clause 3; Point a, Point b, Point c, Point dd, Point e, Point k Clause 5; Point a, Point b, Point c Clause 6; Clause 7 Article 23 of this Decree;

i) Article 26, Article 29 of this Decree;

k) Clause 4, Clause 5 Article 31; Article 32, Article 34 of this Decree;

l) Article 46, Article 48, Article 49, Article 50, Article 51, Article 68, Article 69 of this Decree.

4. Chiefs of police stations of communes are entitled to ex officio impose penalties for the violations specified in:

a) Point dd, Point i Clause 1; Point g, Point h Clause 2; Point b, Point d, Point dd, Point e, Point k Clause 3; Point a, Point d, Point dd, Point i Clause 4 Article 5 of this Decree;

b) Point e Clause 2; Point a, Point dd, Point e, Point h, Point i, Point k, Point l, Point o Clause 3; Point d, Point dd, Point g, Point k Clause 4; Point d, Point e Clause 5 Article 6 of this Decree;

c) Point b, Point d, Point dd, Point e, Point g, Point h, Point i Clause 2; Point b, Point d Clause 3; Point dd, Point h, Point i Clause 4 Article 7 of this Decree;

d) Point c, Point dd, Point e, Point g Clause 1; Clause 2; Clause 3; Clause 4; Clause 5 Article 8 of this Decree;

dd) Article 9, Article 10 of this Decree;

e) Clause 1, Clause 2, Clause 3 Article 11 of this Decree;

g) Clause 1, Clause 2, Clause 3 Article 12 of this Decree;

h) Clause 1, Clause 2 Article 15 of this Decree;

i) Article 18; Clause 1 Article 20 of this Decree;

k) Point b Clause 3 Article 23 of this Decree;

l) Clause 1 Article 29 of this Decree;

m) Clause 4 Article 31; Article 32; Clause 1 Article 34 of this Decree;

n) Clause 1, Clause 2, Clause 3, Point a Clause 5, Clause 6 Article 46; Clause 1 Article 48; Clause 1 Article 49; Clause 1, Clause 2 Article 51; Clause 1 Article 68; Article 69 of this Decree.

5. Transport inspectors, the persons assigned to carry out transport inspections are entitled to impose penalties for violations against regulations on transport services and ancillary services at stopping and parking positions, bus stations, parking lots, rest stops, weigh stations, tollbooths, and transport companies when vehicles stop or park on the road; violations against regulations on driver training, issuance of driving licenses, technical and environment protection safety inspection, road infrastructure protection, technical standards of road infrastructure, and other violations specified in:

a) Point dd Clause 1; Point g, Point h Clause 2; Point d, Point dd, Point e Clause 3; Point b, Point dd, Point g, Point i Clause 4; Point b Clause 5; Point a Clause 6; Point c Clause 7; Point b Clause 8; Point a, Point b Clause 9 Article 5 of this Decree;

b) Point a, Point dd, Point h Clause 3; Point d, Point m Clause 4; Point e Clause 5 Article 6 of this Decree;

c) Point d, Point dd, Point e, Point g, Point h, Point i Clause 2; Point b Clause 3; Point dd, Point e Clause 4; Point b, Point c Clause 5; Point d Clause 6 Article 7 of this Decree;

d) Point dd Clause 1; Point a, Point b Clause 2; Point b Clause 3 Article 8 of this Decree;

dd) Clause 2; Point a Clause 3; Clause 5; Point a Clause 6 Article 11 of this Decree;

e) Article 12, Article 13, Article 14, Article 15 of this Decree;

g) Clause 1; Clause 2; Clause 3; Clause 4; Point b, Point dd, Point e Clause 5 Article 16 of this Decree;

h) Article 19, Article 20 of this Decree;

i) Clause 3; Point b, Point c Clause 4; Clause 6; Clause 7 Article 21 of this Decree;

k) Article 22; Article 23 of this Decree;

l) Clause 1; Point a, Point b, Point d Clause 2; Clause 3; Clause 4; Clause 5; Clause 6; Clause 7; Clause 8 Article 24 of this Decree;

m) Article 25, Article 27, Article 28 of this Decree;

n) Clause 2; Clause 3; Clause 6; Point a, Point dd, Point g, Point h, Point i, Point k Clause 7; Clause 8; Clause 9; Clause 10; Clause 11; Clause 12; Clause 13 Article 30 of this Decree;

o) Article 31, Article 33, Article 37, Article 38 of this Decree;

p) Point b Clause 1, Clause 2, Clause 3, Clause 4, Clause 5, Clause 6, Clause 7 Article 46; Point b Clause 2, Point b Clause 3 Article 48 of this Decree if the violation is committed at a railway crossing or a road-rail bridge.

6. Seaport authorities, airport authorities, inland waterways port authorities, rail transport inspectors, aviation inspectors, maritime inspectors, inland waterways inspectors are entitled to ex officio impose penalties for the violations specified in Point a Clause 1, Point l Clause 2, Point e Clause 4 Article 28 of this Decree.

7. Rail transport inspectors are entitled to ex officio impose penalties for the violations specified in Chapter III of this Decree, except for the violations specified in Point c Clause 5 Article 47, Clause 4 Article 48, Clause 3 Article 50, Clause 3 Article 53, Clause 3 Article 54, Clause 3 Article 60 of this Decree.

8. Environmental protection inspectors are entitled to ex officio impose penalties for the violations against regulations on environmental protection specified in:

a) Point c Clause 1 Article 10 of this Decree;

b) Point dd Clause 2, Point a Clause 5 Article 12 of this Decree;

c) Point c Clause 2 Article 16; Point b Clause 2 Article 17 of this Decree;

d) Point d Clause 1 Article 19; Article 20; Article 26 of this Decree;

dd) Clause 1, Point a Clause 2 Article 49 of this Decree;

e) Point a Clause 3 Article 51 of this Decree.

Article 71. Power to impose penalties of the Presidents of the People’s Committees

1. Presidents of People’s Committees of communes are entitled to:

a) Issue warnings;

b) Impose fines of up to VND 4,000,000 for road traffic offences and up to VND 5,000,000 for rail transport offences;

c) Confiscate the objects and vehicles illegally used, the value of which does not exceed the fine rate specified in Point b of this Clause;

d) Take the remedial measures specified in Points a, b, and c Clause 1 Article 4 of this Decree.

2. Presidents of People’s Committees of districts are entitled to:

a) Issue warnings;

b) Impose fines of up to VND 20,000,000 for road traffic offences and up to VND 37,500,000 for rail transport offences;

c) Suspend licenses, practicing certificates, or suspend the operation;

d) Confiscate the objects and vehicles illegally used, the value of which does not exceed the fine rate specified in Point b of this Clause;

dd) Take the remedial measures specified in Points a, b, c, d, and e Clause 1 Article 4 of this Decree.

3. Presidents of People’s Committees of provinces are entitled to:

a) Issue warnings;

b) Impose fines of up to VND 40,000,000 for road traffic offences and up to VND 75,000,000 for rail transport offences;

c) Suspend licenses, practicing certificates, or suspend the operation;

d) Confiscate the objects and vehicles illegally used;

dd) Take the remedial measures specified in Clause 1 Article 4 of this Decree.

Article 72. Power to impose penalties of the police

1. Police officers on duty are entitled to:

a) Issue warnings;

b) Impose fines of up to VND 400,000 for road traffic offences and up to VND 500,000 for rail transport offences.

2. Senior officers of the persons mentioned in Clause 1 of this Article are entitled to:

a) Issue warnings;

b) Impose fines of up to VND 1,200,000 for road traffic offences and up to VND 1,500,000 for rail transport offences.

3. Chief of police stations of communes, chiefs of police stations at border checkpoints and export-processing zones are entitled to:

a) Issue warnings;

b) Impose fines of up to VND 2,000,000 for road traffic offences and up to VND 2,500,000 for rail transport offences;

c) Confiscate the objects and vehicles illegally used, the value of which does not exceed the fine rate specified in Point b of this Clause;

d) Take the remedial measures specified in Point a and Point c Clause 1 Article 4 of this Decree.

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, responsive unit, road - rail traffic division, commanders of police companies and above are entitled to:

a) Issue warnings;

b) Impose fines of up to VND 8,000,000 for road traffic offences and up to VND 15,000,000 for rail transport offences;

c) Suspend licenses, practicing certificates, or suspend the operation;

d) Confiscate the objects and vehicles illegally used, the value of which does not exceed the fine rate specified in Point b of this Clause;

dd) Take the remedial measures specified in Points a, c, and e Clause 1 Article 4 of this Decree.

5. Directors of provincial police authorities are entitled to:

a) Issue warnings;

b) Impose fines of up to VND 20,000,000 for road traffic offences and up to VND 37,500,000 for rail transport offences;

c) Suspend licenses, practicing certificates, or suspend the operation;

d) Confiscate the objects and vehicles illegally used, the value of which does not exceed the fine rate specified in Point b of this Clause;

dd) Take the remedial measures mentioned in Points a, c, dd, and e Clause 1 Article 4 of this Decree.

6. The Directors of Traffic Police Authority and Public Order Police Authority are entitled to:

a) Issue warnings;

b) Impose fines of up to VND 40,000,000 for road traffic offences and up to VND 75,000,000 for rail transport offences;

c) Suspend licenses, practicing certificates, or suspend the operation;

d) Confiscate the objects and vehicles illegally used;

dd) Take the remedial measures specified in Points a, c, dd, and e Clause 1 Article 4 of this Decree.

Article 73. The power to impose penalties of specialized inspectors, seaport authorities, airport authorities, inland waterways port authorities

1. Inspectors and the persons assigned as inspectors are entitled to:

a) Issue warnings;

b) Impose fines of up to VND 400,000 for road traffic offences and up to VND 500,000 for rail transport offences;

c) Confiscate the objects and vehicles illegally used, the value of which does not exceed the fine rate specified in Point b of this Clause;

d) Take the remedial measures specified in Points a and c Clause 1 Article 4 of this Decree.

2. Chief Inspectors of Provincial Departments of Transport, Chief Inspectors of Provincial Departments of Natural Resources and Environment, Chief Inspector of Civil Aviation Authority of Vietnam, Chief Inspector of Vietnam Maritime Administration, chiefs of local road authorities affiliated to Directorate for Roads of Vietnam, chief of inspectorates of Provincial Departments of Transport, , chief of inspectorates of Provincial Departments of Natural Resources and Environment, chiefs of inspectorates of Vietnam Environment Administration, chiefs of inspectorates of Directorate for Roads of Vietnam, chiefs of inspectorates of Vietnam Railway Administration, chiefs of inspectorates of local road authorities affiliated to Directorate for Roads of Vietnam are entitled to:

a) Issue warnings;

b) Impose fines of up to VND 20,000,000 for road traffic offences and up to VND 37,500,000 for rail transport offences;

c) Suspend licenses, practicing certificates, or suspend the operation;

d) Confiscate the objects and vehicles illegally used, the value of which does not exceed the fine rate specified in Point b of this Clause;

dd) Take the remedial measures specified in Clause 1 Article 4 of this Decree.

3. Chiefs of inspectorates of the Ministry of Transport, the Ministry of Natural Resources and Environment, and Director of Pollution Control Directorate are entitled to:

a) Issue warnings;

b) Impose fines of up to VND 28,000,000 for road traffic offences and up to VND 52,500,000 for rail transport offences;

c) Suspend the licenses, practicing certificates, or suspend the operation;

d) Confiscate the objects and vehicles illegally used, the value of which does not exceed the fine rate specified in Point b of this Clause;

dd) Take the remedial measures specified in Clause 1 Article 4 of this Decree.

4. Chief Inspector the Ministry of Transport, Chief Inspector of the Ministry of Natural Resources and Environment, Chief Inspector of Vietnam Environment Administration, Director of Directorate for Roads of Vietnam, Director of Vietnam Railway Administration, Director of Vietnam Maritime Administration, Director of Civil Aviation Authority of Vietnam, Director of Vietnam Inland Waterway Administration are entitled to:

a) Issue warnings;

b) Impose fines of up to VND 40,000,000 for road traffic offences and up to VND 75,000,000 for rail transport offences;

c) Suspend licenses, practicing certificates, or suspend the operation;

d) Confiscate the objects and vehicles illegally used;

dd) Take the remedial measures specified in Clause 1 Article 4 of this Decree.

5. Chief representatives of seaport authorities, airport authorities, the inland waterway port authorities are entitled to:

a) Issue warnings;

b) Impose fines of up to VND 400,000 for road traffic offences.

6. Directors of seaport authorities, airport authorities, the inland waterway port authorities affiliated to Vietnam Inland Waterway Administration are entitled to:

a) Issue warnings;

b) Impose fines of up to VND 25,000,000 for road traffic offences;

c) Suspend licenses, practicing certificates, or suspend the operation;

d) Confiscate the objects and vehicles illegally used, the value of which does not exceed the fine rate specified in Point b of this Clause;

dd) Take the remedial measures specified in Point a, b, c, dd and e Clause 1 Article 4 of this Decree.

Article 74. Rules for determining the power to impose penalties and take remedial measures

1. The power to impose administrative penalties for road traffic offences, rail transport offences, and to take remedial measures shall be determined in accordance with Article 52 of the Law on Penalties for administrative violations.

2. The maximum fines specified in Article 71, Article 72 and Article 73 of this Decree are applied to individuals; the maximum fines can be imposed upon an organization is twice the maximum fines imposed upon an individual that commits the same violation.

3. Any of the persons mentioned in Clause 2, Clause 3 Article 71; Clause 4, Clause 5, Clause 6 Article 72; Clause 2, Clause 3, Clause 4, Clause 6 Article 73 of this Decree is entitled to suspend the violator’s license or practicing certificate if the violation, by law, causes the license or practicing certificate to be suspended.

Article 75. The power to make records on administrative violations

1. The persons below are entitled to make records on road traffic offenses:

a) The persons entitled to impose administrative penalties for road traffic offenses mentioned in Articles 71, 72, and 73 of this Decree;

b) The patrolling officials and civil servants are entitled to make records on the infringements upon road infrastructure, illegal occupation of land for road traffic and road safety corridor;

c) Police officers are entitled to make records on the violations committed locally;

d) Officials of Inspectorate of Provincial Departments of Transport in the performance of their duties are entitled 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 entitled to make records on the violations specified in Point a Clause 1, Point l Clause 2, Point e Clause 4 Article 28 which are committed within the areas under their management;

2. The persons below are entitled to make records on rail transport offenses:

a) The persons entitled to impose administrative penalties for rail transport offenses mentioned in Articles 71, 72, and 73 of this Decree;

b) The train captain is entitled to make records on the violations committed on the train;

c) Police officers are entitled to make records on the violations committed locally.

SECTION 2. PENALTY IMPOSITION PROCEDURE

Article 76. Procedure for imposing penalties upon vehicle owners

1. If the owner of the violating vehicle is present at the scene, the person entitled to impose penalties shall make a record and a decision on penalty imposition in accordance with Article 30 of this Decree.

2. If the owner of the vehicle is not present at the scene, the person entitled to impose penalties shall make a record and impose penalties in accordance with law, the vehicle operator shall add a signature on the record as a witness, and may implement the decision on penalties on the vehicle owner’s behalf. If the vehicle operator does not implement the decision on penalties on the vehicle owner’s behalf, the person entitled to impose penalties shall impound the vehicle to ensure the implementation of the decision on penalties.

3. Where various violations specified in Chapter II of this Decree are committed by the same violator, penalties shall be imposed as follows:

a) Penalties specified in Point b Clause 8 Article 30 of this Decree shall be imposed for the violations specified in Point c Clause 4 Article 16, Point dd Clause 1 Article 19 and the violations specified in Point b Clause 8 Article 30 committed by the vehicle owner who is also the vehicle operator;

b) Penalties specified in Point c Clause 9 Article 30 of this Decree shall be imposed for the violations specified in Point e Clause 5 Article 16, Point c Clause 2 Article 19 and the violations specified in Point c Clause 9 Article 30committed by the vehicle owner who is also the vehicle operator;

c) Penalties specified in Point dd Clause 4 Article 28 of this Decree shall be imposed for the violations specified in Point g Clause 5 Article 23, Clause 3 Article 24 and the violations specified in Point dd Clause 4 Article 28 committed by the vehicle owner who is also the vehicle operator;

d) Penalties specified in Point d Clause 8 Article 30 of this Decree shall be imposed for the violations specified in Point d, Point dd Clause 6 Article 23; Point b, Point c Clause 5 Article 24 and the violations specified in Point d Clause 8 Article 30 committed by the vehicle owner who is also the vehicle operator;

dd) Penalties specified in Point d Clause 4 Article 28 of this Decree shall be imposed for selling tickets at higher prices that the legal limit (specified in Point m Clause 3 Article 23, Clause 2, Clause 3 Article 31) and failure to adhere to the registered and posted freights (specified in Point d Clause 4 Article 28) committed by the vehicle owner who is also the vehicle operator or attendant on the vehicle;

e) Penalties specified in Article 30 of this Decree shall be imposed for violations against regulations on transporting oversized cargo, exceeding the maximum permissible limit on payload or passengers specified in Article 23, Article 24, Article 25, Article 33 and corresponding violations specified in Article 30 committed by the vehicle owner who is also the vehicle operator.

4. Regarding violations against regulations on GVW or dimensional limits of vehicles or road infrastructure specified in Article 24 and Article 33 of this Decree, if the vehicle owner or vehicle operator commits both the violations specified in Article 24 and the violations specified in Article 33 of this Decree, he/she shall incur a penalty for each of the violations; Where the vehicle owner or vehicle operator commits both violations against regulations on GVW and gross axle weight specified in Point d Clause 3, Clause 4, Clause 5, Point a Clause 6 Article 33 of this Decree, the higher fine shall be imposed.

5. For the purpose of this Decree, the vehicle owner is:

a) The individual or organization that is the holder of the Certificate of vehicle registration;

b) The vehicle operator who is the spouse of the holder of the Certificate of vehicle registration;

c) The renter of the vehicle if the vehicle is leased out by an organization licensed for finance lease;

d) The cooperative that owns the vehicle and applies for registration of car transport business;

dd) The organization or individual that rents the vehicle from another organization or individual and applies for registration of car transport business;

e) The organization or individual that purchases, receives or inherits the vehicle that is purchased, gifted, allocated, transferred, or bequeathed without applying for a vehicle registration or vehicle ownership transfer registration.

6. When imposing a penalty upon any of the vehicle owners specified in Clause 5 of this Article, the time limit for issuing a penalty decision may be extended to not more than 60 days to identify the entity that incurs the penalty as prescribed in Clause 1 Article 66 of the Law on Actions against administrative violations.

7. If an administrative violation is discovered by technological equipment, the vehicle owner shall cooperate with the authority to identify the vehicle operator who commits the violation.

8. The person entitled to impose penalties may use information and specifications of the vehicle specified in the latest certificate of technical and environmental safety (even if it has expired) or from the database of the vehicle registry as the basis for determining the violations specified in this Decree.

9. The violations specified in Point b Clause 1 and Clause 5 Article 30 of this Decree shall be only verified through investigations if the accident is serious, or through vehicle registration.

Article 77. Suspension of licenses, practicing certificates, and rail transport business operation

1. Licenses and practicing certificates related to road and rail transport to be suspended are:

a) National driving licenses; international driving licenses issued by governments of member states of Convention of Road Traffic 1968 (except for international driving licenses granted by Vietnam’s authorities);

b) Certificates of training in road traffic rules;

c) Licenses for transport business;

d) Badges, licenses of cars used for transport business;

dd) Certificates of technical and environmental safety and stamps of technical and environmental safety of vehicles;

e) Construction licenses;

g) Certificate of qualified driving test center;

h) Licenses for motor vehicle registration and inspection;

i) Inspector’s certificates;

k) Train driver’s licenses.

2. The duration of suspension of a license or practicing certificate or transport business operation as a penalty for a violation specified in this Decree is the average level of the bracket. The minimum level shall apply if there is a mitigating factor; the maximum level shall apply if there is an aggravating factor.

3. Beginning date of the suspension period:

a) The suspension period shall begin on the effective date of the decision on penalty imposition if the person imposing the penalty is able to confiscate the violator’s license or practicing certificate on such day;

b) If the person imposing the penalty is not able to confiscate the violator’s license or practicing certificate when the decision on penalty imposition is issued, the decision must specify that the beginning date of the suspension period is the day on which the violator submits the license or practicing certificate to the person imposing the penalty;

c) When confiscating and returning the license or practicing certificate as prescribed in Point b of this Clause, the person imposing the penalty shall make records and retain documents about the penalty.

4. During the suspension period, if the violator still keeps doing the activities in the license or practicing certificate, such violator shall incur a penalty for operating without a license or practicing certificate.

5. If the remaining validity period of the license or practicing certificate is shorter than the suspension period, the person imposing the penalty shall still issues the decision on penalty imposition.

6. Suspension of international driving licenses

a) The period of suspension of an international driving license issued by the government of a Member State of Convention of Road Traffic 1968 (except for international driving licenses granted by Vietnam’s authorities) shall comply with Clause 2 of this Article. Nevertheless, such period shall not exceed the remaining period of residence in Vietnam of the person whose international driving license is suspended;

b) Every vehicle operator using an international driving license issued by the government of a Member State of Convention of Road Traffic 1968 shall present documents proving the remaining period of residence in Vietnam (certificate of temporary residence, temporary residence card) to the person imposing the penalty as the basis for determination of the suspension period of the international driving license.

Article 78. Impounding vehicles and papers related to operators and vehicles at fault

1. Pursuant to Clause 2 Article 125 of the Law on Actions against administrative violations, to immediately stop the violation, the person entitled to impose penalties is allowed to impound the vehicle for up to 07 days before issuing a decision on penalty imposition for the violations specified in:

a) Point a Clause 6; Point b, Point d Clause 8; Clause 9; Clause 11 Article 5 of this Decree;

b) Point b Clause 5; Clause 6; Point b, Point c Clause 8; Clause 9; Clause 10; Clause 11 Article 6 of this Decree;

c) Point c Clause 4; Point a Clause 6; Clause 7; Clause 8 Article 7 of this Decree;

d) Point d, Point dd Clause 4 (if the violating vehicle operator is under 16 years of age); Clause 5 Article 8 of this Decree;

dd) Clause 5 Article 11 of this Decree;

e) Clause 4; Point d, Point dd Clause 5 Article 16 of this Decree;

g) Clause 3 Article 17 of this Decree;

h) Point a, Point b, Point dd Clause 1; Point c Clause 2 Article 19 of this Decree;

i) Clause 1; Point a, Point c Clause 4; Clause 5; Clause 6; Clause 7 Article 21 of this Decree;

k) Point b Clause 6 Article 33 of this Decree.

2. To ensure the implementation of the decision on penalties, or to verify the facts before issuing the decision on penalties, the person entitled to impose penalties may impound the vehicles and papers related to the operator that commits one of the violations in this Decree according to Clause 6 and Clause 8 Article 125 of the Law on Penalties for administrative violations. When the papers are impound according to Clause 6 Article 125 of the Law on Penalties for administrative violations, if the violator fails to settle the case at a competent agency after the arranged date, and keeps operating the vehicle, that person shall incur the penalties operating a vehicle without papers.

3. When the vehicle is impounded as prescribed in Clause 1 and Clause 2 of this Article, the vehicle owner shall incur the costs (if any) of using another vehicle to transport the passengers and goods on the impounded vehicle.

Article 79. Using information from technological devices provided by organizations responsible for road/rail infrastructure operation as the basis for imposition of penalties for road/rail transport offences

1. The person entitled to impose penalties specified in Article 71, Article 72 and Article 73 of this Decree may use information from vehicle weighing devices, tachometers capable of video recording, video and audio recorders provided by organizations responsible for road/rail infrastructure operation as the basis for imposition of penalties for road/rail transport offences.

2. The devices mentioned in Clause 1 of this Article must be inspected, calibrated, and tested in accordance with law before being put into use; fulfillment of technical regulations and standards shall be maintained throughout the intervals between two inspections.

3. The use of such devices in Clause 1 of this Article shall comply with Clause 2 Article 64 of the Law on Actions against 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 penalties for administrative violations;

d) Follow procedures, ensure safety, protect and maintain the device, and take responsibility for the use of the device.

5. The Minister of Public Security and the Minister of Transport shall ex officio promulgate legislative documents on procedures for using technological devices; disseminate regulations of law; provide training; carry out inspections and take actions against regulations on management and use of the technological devices specified in Clause 1 of this Article.

Chapter V

IMPLEMENTATION PROVISIONS

Article 80. Effect

1. This Decree takes effect on August 01, 2016.

2. This Decree replaces:

a) The Government s Decree No. 171/2013/ND-CP dated November 13, 2013 on penalties for road administrative traffic offences and rail transport offences;

b) The Government s Decree No. 107/2014/ND-CP on amending Decree No. 171/2013/ND-CP.

3. Point b Clause 1 Article 30 of this Decree takes effect on January 01, 2017.

4. Regulations on gross axle weight specified in Point d Clause 3, Clause 4, Clause 5, Point a Clause 6 Article 33 of this Decree takes effect on January 01, 2017.

5. Point d Clause 3 Article 28 of this Decree shall apply to imposition of penalties upon organizations and individuals using passenger taxies without invoice-printing devices from January 01, 2017.

6. Point l Clause 3 Article 5 of this Decree shall apply to imposition of penalties upon violating car drivers from January 01, 2017.

7. Point k, Point l Clause 1 Article 5 of this Decree shall apply to imposition of penalties for failure to fasten the seatbelt (where available) while sitting on the back seats upon operators and passengers of cars from January 01, 2018.

Article 81. Transitional clause

The road traffic offences and rail transport offences committed before this Decree takes effect and discovered afterwards, the regulations that are advantageous to the organizations and individuals at fault shall apply.

Article 82. Implementation responsibilities

Ministers, Heads of ministerial agencies, Heads of Governmental agencies, Presidents of the People’s Committees of provinces are responsible for the implementation of this Decree./.

For the Government

The Prime Minister

Nguyen Xuan Phuc