Joint Circular No. 01/TTLB-NV-GTVT guiding certain points on administrative penalties for violations of traffic order and safety on roads and urban traffic order.

JOINT CIRCULAR

Guidelines on some points regarding administrative penalties for violations of traffic safety regulationstraffic and urban traffic safety

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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.

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 the road that obstructs 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 a hypothetical height of 1.20 meters above the road surface and the position of the vehicle in the outermost right lane, 1.5 meters from the edge of the road, as follows:

Side view is the minimum visibility along both sides of the road to allow the driver to handle obstacles appearing from both sides 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 trees are planted within the protected area of transportation facilities and obstruct the visibility of traffic signs from a distance of 150 meters on high-speed sections with multiple lanes, 100 meters outside densely populated areas, and 50 meters within densely populated areas, they will be penalized according to point a, Clause 2, Article 4.

2. Unauthorized construction of crossroads across roads with median strips (point d, Clause 2, Article 6). Unauthorized construction of crossroads across roads with median strips includes unauthorized construction of connections to roads, placement of railway crossings 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 (point b, Clause 1, Article 8 and point b, Clause 1, Article 11). This behavior applies to individuals sitting on bicycles, motorcycles, or 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).

Penalties will be imposed for behaviors listed in point h, Article 39 of the Traffic Safety Regulations for Roads and Urban Traffic Safety issued together with Decree 36/CP dated May 29, 1995 of the Government, while noting the validity of the "No Stopping" and "No Parking" signs as stipulated in Appendix 3 of the Road Sign Regulations issued together with Decision No. 3485/KHKT dated November 12, 1984 of the Minister of Transport. Where there is no "No Stopping" sign, stopping is permitted; where there is no "No Parking" sign, parking is permitted.

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, motorized rickshaws: Parking or stopping in the roadway or in prohibited areas (point c, Clause 1, Article 11). Penalties will only be imposed if the vehicles are parked or stopped in the roadway causing traffic obstruction after being warned but failing to comply. All cases of parking in prohibited areas or stopping in prohibited areas must be penalized.

c. Parking or stopping in the roadway in violation of regulations causing traffic obstruction (point c, Clause 1, Article 8). Using a pushcart as a mobile stall on the road contrary to regulations causing traffic obstruction (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, or motorbikes carrying more passengers than allowed (point a, Clause 3, Article 8; point d, Clause 1, Article 11) in emergency situations such as transporting someone for medical treatment will not be penalized.

e. 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 vehicles hired for specific contracts.

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 stop upon command, and failing 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).

Prior to August 1, 1995, "Driving Licenses" issued by the Ministry of Home Affairs remain valid until their expiration date. After August 1, 1995, Driving Licenses are replaced with "Driver's Licenses" issued by the Ministry of Transport. Drivers can only operate 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 will only be imposed if there is clear evidence of non-compliance with ownership transfer (sale, gift, or donation) or regional transfer (moving household registration to another locality or transferring organizational vehicles to another locality) as stipulated in Circular 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).

No penalty shall be imposed on vehicles without registration in cases where the vehicle is being transported from the place of purchase to the owner's residence, on the way to complete registration procedures, has been issued license plates, and holds a scheduled appointment for registration from the police authority. The basis for determining these cases is the accompanying documents, limited to a period of 30 days to complete registration procedures (as stipulated in Circular 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).

Only penalties shall be imposed in cases of intentional and provocative behavior; in cases of unintentional failure to retract the kickstand, warnings shall be given.

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

Penalties for operating a motorcycle with a cylinder capacity of 175 cm³ or more contrary to regulations must be based on Decision 258/TTg dated May 29, 1993 of the Prime Minister, Circular 4284/KTKH dated August 27, 1993 of the Government Office, and Circular 07/BNV dated July 14, 1993 of the Ministry of Home Affairs; there are no exceptions. In cases where the driver is a member of the owner's household, penalties shall also be imposed. 11. Modifying the characteristics of motorbikes, motorcycles, motorized rickshaws, and bicycle trailers (Point c, Clause 4, Article 11).

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).

A vehicle carrying goods or objects exceeding the permitted weight capacity is one that exceeds the designed weight capacity of the automobile as recorded in the permit to circulate. If the overload is less than 2%, no penalty shall be imposed.

15. The driver of the vehicle not carrying valid documents (Point a, Clause 6, Article 13).

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.

This provision also applies to drivers of motorbikes, motorcycles, and other mechanical vehicles.

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).

a. Passenger-carrying vehicles:

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.

18. Not having sufficient lighting, brake lights, and other types of signal lights as required (Point đ, Clause 1, Article 15).

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.

When weighing the vehicle to determine its total weight, permissible weighing errors (determined and publicly posted by the authorized measurement authority) and a 1% reduction in total weight due to changes in the vehicle's own weight (fuel, water...) shall be deducted.

If the total weight of the vehicle, after deducting the weighing error and the permissible change in the vehicle's own weight (1% of total weight), exceeds the prescribed limit, penalties shall be imposed as follows:

- 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.

Lốp không đúng kích cỡ là lốp có đường kính vành bánh xe không phù hợp với đường kính vành bánh xe theo thiết kế của nhà sản xuất. 

A tire that does not meet technical standards is a tire that fails to comply with industry standard 22-TCN 224-95 issued along with Decision 321-QĐ/KHKT dated June 29, 1995 of the Minister of Transport, as specified in item 1-10-3: Correct size, sufficient quantity, adequate pressure, no blistering, no cracking to 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. The steering system does not meet technical standards (point b, Clause 1, Article 17). The steering system is reflected through the angle of the steering wheel:

- Passenger car, bus up to 12 seats, truck with a load capacity up to 1500 kg shall not exceed 10 degrees.

- Bus over 12 seats, shall not exceed 12 degrees. - Truck with a load capacity over 1500 kg, shall 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 altering the braking system, drive system, or movement system (including the steering system) that do not comply with industry standard 22-TCN 224-95 issued along with Decision 3321-QĐ/KHKT dated June 29, 1995 of the Minister of Transport and without authorization from the competent authority will be subject to penalties as prescribed.

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 under 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.