Joint Circular No. 01/TTLB on handling certain issues related to import and export activities of enterprises with foreign investment capital.

JOINT CIRCULAR

GUIDELINES ON CERTAIN POINTS REGARDING ADMINISTRATIVE PENALTIES FOR VIOLATIONS OF TRAFFIC ORDER AND SAFETY ON ROADS AND IN URBAN AREAS ISSUED BY THE MINISTRIES OF HOME AFFAIRS AND TRANSPORT NO. 01/TTLB ON MARCH 13, 1996

Pursuant to Article 29 of Decree 49/CP dated July 26, 1995 of the Government stipulating administrative penalties for violations of traffic safety regulations on roads and urban traffic safety.
Pursuant to Decree 36/CP dated May 29, 1995 of the Government on ensuring traffic safety regulations on roads and urban traffic safety.
To ensure uniform application throughout the country of administrative penalties for violations of traffic order and safety on roads and in urban areas as prescribed in Decree No. 49/CP dated July 26, 1995 of the Government, the Ministries of Home Affairs and Transport hereby provide guidance on certain points as follows:

I. GUIDELINES ON SOME POINTS REGARDING ADMINISTRATIVE PENALTIES STIPULATED IN CHAPTER II OF DECREE 49/CP DATED JULY 26, 1995

1. Planting trees within the protected area of roads that obstruct the driver's view (point a, Clause 1, Article 4). "Driver's view" refers to the minimum direct view and side view of the driver.

The direct view is determined based on the working conditions of the driver's eyes at an assumed height of 1.20 meters above the road surface and the position of the vehicle in the outermost lane on the right, which is 1.5 meters from the edge of the road.

The side view is the minimum lateral view along both sides of the road to enable the driver to handle obstacles appearing from either side of the road.

In sections of the road where people, animals, or vehicles may emerge from the roadside, planting trees within the protected area of the road is not allowed.

If trees are planted within the protected area of the road without ensuring the required visibility as specified above, they will be penalized according to point a, Clause 1, Article 4.

If planting trees within the protected area of traffic works obstructs the visibility of traffic signs from a distance of 150 meters on sections of high-speed roads with multiple lanes, 100 meters outside densely populated areas, and 50 meters within densely populated areas, such actions will be penalized according to point a, Clause 2, Article 4.

2. Unauthorized construction of crossroads across roads and roads with median strips (point d, Clause 2, Article 6).

Unauthorized construction of crossroads across roads and roads with median strips includes unauthorized construction of connections to roads, placement of railway tracks intersecting the road surface, and removal of solid median strips of roads to create crosswalks.

3. Using umbrellas or parasols to shield from sun and rain while riding bicycles and using umbrellas or parasols to shield from sun and rain while operating motorcycles and motorbikes (point b, Clause 1, Article 8 and point b, Clause 1, Article 11).

This provision applies to individuals sitting on bicycles, motorcycles, and motorbikes (including both drivers and passengers) who use umbrellas or parasols to shield from sun and rain.

4. Issues related to parking and stopping of vehicles.

a. Parking or stopping vehicles in violation of regulations (point b, Clause 1, Article 13).

Administrative penalties shall be imposed on the behaviors stipulated in point h, Article 39 of the Traffic Order and Safety Regulations for Roads and Urban Traffic Order issued together with Decree No. 36/CP dated May 29, 1995 of the Government, while also noting the validity of the "No Parking" and "No Stopping" signs specified in Appendix 3 of the Road Sign Regulations issued together with Decision No. 3485/KHKT dated November 12, 1984 of the Minister of Transport. In places without "No Parking" signs, parking is allowed, and in places without "No Stopping" signs, stopping is allowed.

In cases of force majeure such as sudden mechanical failure or tire blowout requiring stopping or parking within prohibited areas, no penalty will be imposed.

b. For motorcycles, motorbikes, motorcycle trailers, and motorized rickshaws: Parking or stopping on the roadway or in prohibited areas (point c, Clause 1, Article 11).

Penalties shall only be imposed when vehicles are parked or stopped on the roadway causing obstruction to traffic despite warnings and failure to comply. All cases of parking in prohibited areas or stopping in prohibited zones must be penalized.

c. Parking on the roadway in violation of regulations causing obstruction to traffic (point c, Clause 1, Article 8). Using a pushcart as a mobile stall on the road contrary to regulations causing obstruction to traffic (point c, Clause 1, Article 9).

Penalties will only be imposed if the actions cause traffic obstruction and the violators fail to comply after being warned.

d. Bicycles, motorcycles, and motorbikes carrying more passengers than permitted (point a, Clause 3, Article 8; point d, Clause 1, Article 11) in emergency situations such as transporting people for medical treatment shall not be penalized.

đ. Picking up or dropping off passengers at unauthorized locations or in violation of regulations (point b, Clause 1, Article 14). This does not apply to taxis in areas without designated stops or to passenger-carrying vehicles under contractual agreements.

5. Failure to comply with traffic police inspections when violations occur (point g, Clause 2, Article 11; point e, Clause 3, Article 13).

This behavior includes failing to comply with stop signals and refusing to present required documents upon request by traffic police.

6. Regarding driving licenses (point e, Clause 2, Article 11; point g, Clause 3, Article 13).

Before August 1, 1995, driving licenses issued by the Ministry of Home Affairs remain valid if they have not expired. After August 1, 1995, driving licenses are replaced with "driver's licenses" issued by the Ministry of Transport. Drivers may only operate vehicles in accordance with the types of vehicles specified on their driving license or in accordance with the classification specified in the Driver's License Examination and Issuance Regulations issued together with Decision No. 3395-QĐ/TCCB-LĐ dated July 1, 1995 of the Minister of Transport.

7. Failure to complete ownership transfer procedures or regional transfer procedures as prescribed (point h, Clause 2, Article 11).

Penalties shall only be imposed when there is clear evidence of non-compliance with the regulations on transfer of ownership (sale, gift, or donation) or relocation (moving household registration to another locality or transferring organizational vehicles to another locality) as stipulated in Circular No. 03-TT/BNV dated July 24, 1995 of the Ministry of Home Affairs.

No penalties will be imposed for cases involving borrowed vehicles.

8. Operating vehicles without registration, without license plates, or with fake license plates (point b, Clause 3, Article 11).

Vehicles without registration plates shall not be penalized in cases where they are being driven from the place of purchase to home, during the process of registering, or after receiving number plates and a registration appointment letter from the police. Evidence for these cases includes accompanying documents, and the time limit for completing registration procedures is 30 days (as per Circular No. 03-TT/BNV dated July 24, 1995); beyond this period, penalties will be imposed.

Fake license plates are those not issued by the vehicle registration authority; if a license plate is installed that does not match the number recorded on the registration certificate, it will be treated as installing fake license plates.

9. Using the kickstand to scrape the road surface while the vehicle is in motion (Point a, Clause 4, Article 11).

Penalties shall only be imposed on intentional and disruptive acts; unintentional acts of failing to engage the stand should be warned about.

10. Operating a motorcycle with a cylinder capacity of 175 cm³ or more contrary to regulations (Point b, Clause 5, Article 11).

Penalties for the misuse of motorcycles with cylinder capacity of 175 cm³ or more must be based on Decision No. 258/TTg dated May 29, 1993 of the Prime Minister, Circular No. 4284/KTKH dated August 27, 1993 of the Government Office, and Circular No. 07/BNV dated July 14, 1993 of the Ministry of Home Affairs; there are no exceptions. Even if the driver is a member of the owner's family (same household registration), penalties will still be imposed.

Modifying the characteristics of these types of vehicles includes increasing the cylinder capacity beyond the design specifications and replacing the horn with an incorrect type.

12. License plates being blurred or obstructed (Point đ, Clause 2, Article 11; Point d, Clause 1, Article 13).

Penalties shall only be imposed in cases of intentional bending, defacing, or obstructing license plates to evade inspection and control; in cases of unintentional actions, warnings, guidance, and requests to comply with regulations shall be provided.

13. Operating a vehicle lacking a horn, headlight, or signal lights (Point đ, Clause 1, Article 13).

This penalty applies to vehicles lacking headlights or signal lights during daytime travel; if traveling at night, penalties shall be imposed according to Point g, Clause 2, Article 13 (with higher fines).

14. Overloading the permitted weight capacity of the vehicle (Point c, Clause 4, Article 13).

14. Overloading vehicles beyond the permitted weight (point c, Clause 4, Article 13). Overloading of goods or objects beyond the permitted weight means exceeding the design weight of the vehicle as recorded in the vehicle registration certificate. Cases of overloading less than 2% shall not be penalized.

An unregistered vehicle is one whose owner has not completed new registration procedures, ownership transfer (name change), or regional transfer (move) as required.

The documents specified in Point a, Clause 6, Article 13 must be original copies. If the driver of the vehicle does not carry the original copy or uses photocopies (including notarized photocopies) or other documents to replace the required documents, the authorized authority may temporarily seize the vehicle registration, driving license, or permit to circulate, or temporarily seize the vehicle (only seizing the vehicle when there is no registration certificate). Within ten days, if the vehicle owner presents the original documents, no penalty shall be imposed.

The documents specified in point a, Clause 6, Article 13 must be original copies. In cases where the driver does not carry the original copy or uses photocopies (including state-certified photocopies) or other documents to replace those specified in point a, Clause 6, Article 13, the authorized authority shall temporarily detain the vehicle registration, driving license (driver's license), and permit for operation or temporarily detain the vehicle (only temporarily detain the vehicle when there is no vehicle registration). Within ten days, if the vehicle owner presents all original copies, no penalty will be imposed.

16. Carrying passengers in excess of the prescribed limit for each type of vehicle (except buses) (Point d, Clause 2, Article 14). Under current conditions, the handling of violations involving carrying passengers in excess of the prescribed limit is as follows: This regulation applies generally to passenger-carrying vehicles (except buses).

16. Carrying more passengers than prescribed for each type of vehicle (except buses) (point d, Clause 2, Article 14).

Under current conditions, the level of handling violations for carrying more passengers than prescribed is applied as follows:

This regulation generally applies to all types of passenger vehicles (except buses).

Based on the number of passengers allowed as recorded in the permit to circulate, the following provisions apply:

- Vehicles up to 9 seats: Carrying one additional person over the limit is not penalized; carrying two additional persons results in a fine of 50% of the prescribed fine; carrying three or more additional persons results in a fine according to the prescribed amount.

- Vehicles from 9 to 30 seats: Carrying two additional persons over the limit is not penalized; carrying three additional persons results in a fine of 50% of the prescribed fine; carrying four or more additional persons results in a fine according to the prescribed amount.

- Vehicles over 30 seats: Carrying three additional persons over the limit is not penalized; carrying four additional persons results in a fine of 50% of the prescribed fine; carrying five or more additional persons results in a fine according to the prescribed amount.

b. Vehicles carrying people but not engaged in passenger-carrying business: similar provisions apply.

17. Using cargo trucks to carry passengers without permission or contrary to regulations (Clause 3, Article 14).

Using cargo trucks to carry passengers in the cargo area without complying with the provisions of Article 25 of the Road Traffic Safety Regulations and Urban Traffic Safety Regulations, or if the number of passengers in the truck cabin exceeds the designed seating capacity and is recorded in the permit to circulate, penalties shall be imposed.

Using a cargo truck to carry passengers in the cargo area without complying with the provisions of Article 25 of the Road Traffic Safety Regulations and Urban Traffic Safety Regulations, or the number of people sitting in the truck cabin exceeds the designed seating capacity and is recorded on the permit for operation, shall be subject to punishment.

Cases where the lights are present in form but lack functionality shall also be subject to penalties.

19. Exceeding the permitted load capacity of bridges and roads (Point c, Clause 1, Article 16).

An overloaded vehicle is one whose axle load or total weight exceeds the load-bearing capacity of the bridge and road as stipulated in Circular 239-TT/PC dated September 30, 1995 of the Ministry of Transport.

An overloaded vehicle is one whose axle load or total weight exceeds the load-bearing capacity of bridges and roads as stipulated in Circular 239-TT/PC dated September 30, 1995, issued by the Ministry of Transport.

When weighing a vehicle to determine its total weight, the permissible error of the scale (determined by the competent authority for measurement and publicly posted at the weighbridge) and a deduction of 1% of the total weight measured due to changes in the vehicle's self-weight (fuel, oil, water...) shall be allowed.

- Exceeding the permitted weight by more than 1% but less than 2% results in a fine of 50% of the prescribed fine.

- Exceeding the permitted weight by more than 2% results in a fine according to the prescribed amount.

20. Operating a vehicle with tires that do not meet size or technical standards (Point a, Clause 1, Article 17).

Tires that do not meet size requirements are those with wheel diameters that do not match the manufacturer's design specifications.

Incorrectly sized tires are tires with wheel rim diameters that do not match the design wheel rim diameter of the manufacturer.

Tires not meeting technical standards are tires that do not comply with industry standard 22-TCN 224-95 promulgated together with Decision 321-QĐ/KHKT dated June 29, 1995, of the Minister of Transport, under section 1-10-3 as follows: Correct size, sufficient quantity, adequate pressure, no bulges, no cracks reaching the fabric layer. The tread height of steering wheels must be uniform; the remaining tread height of steering wheels must not be less than:

- Passenger car: 1.6 mm

- Bus: 2.0 mm

- Truck: 1.0 mm

21. Steering system not meeting technical standards (point b, Clause 1, Article 17).

The steering system is reflected through the angle of the steering wheel:

- For small cars, passenger vehicles up to 12 seats, cargo trucks with a load capacity up to 1,500 kg, the angle must not exceed 10 degrees.

- For passenger vehicles over 12 seats, the angle must not exceed 12 degrees.

- For cargo trucks with a load capacity over 1,500 kg, the angle must not exceed 25 degrees.

22. Altering the shape, size, chassis, or body of the vehicle or the braking system, drive system, or movement system without meeting technical standards (Clause 2, Article 17).

Altering the shape, size, chassis, or body of the vehicle refers to changing the characteristics of the vehicle managed in the vehicle file and registration without permission from the competent authority.

All acts of modifying the braking system, power transmission system, movement system (including the steering system) that do not meet industry standard 22-TCN 224-95 promulgated together with Decision 3321-QĐ/KHKT dated June 29, 1995, of the Minister of Transport, and without permission from the competent authority, shall be subject to punishment according to regulations.

23. Placing or spreading caltrops or other sharp objects on the road (point a, Clause 5, Article 19).

Placing or spreading caltrops or other sharp objects (metal, glass shards, broken glass...) on the road will be subject to penalties as stipulated in point a, Clause 5, Article 19.

II. IMPLEMENTATION

The Ministry of Public Security, the Ministry of Transport, the People's Committees of provinces and centrally governed cities are responsible for disseminating, guiding, and organizing training for agencies and individuals with the authority to impose penalties within their jurisdiction.

It is requested that the Chairpersons of the People's Committees of provinces and centrally governed cities widely publicize this to the general public and guide, inspect, and enforce these regulations strictly.

This Circular takes effect from the date of signature.

During implementation, if there are difficulties or obstacles, units should report them to the Joint Ministries for consideration and resolution.