Decree No. 09/ND on the issuance of the temporary regulations on road transport

DECREE

JOINT DECREE OF THE MINISTRY OF TRANSPORT AND POSTS-PEOPLE'S PUBLIC SECURITY 09/NĐLB
DATE 7 MARCH 1956 ISSUED TEMPORARY REGULATIONS
ON ROAD TRANSPORTATION

BASED ON THE DECREE NO. 344/TTg OF SEPTEMBER 25, 1959 OF THE PRIME MINISTER ON THE MANAGEMENT OF RECEIVERS, TRANSMITTERS, PARTS FOR TRANSMITTERS WITHOUT WIRES, HIGH-POWER LIGHTS, AND PRODUCTION, REPAIR, PURCHASE, AND SALE FACILITIES FOR RECEIVERS, TRANSMITTERS, AND PARTS FOR RECEIVER AND TRANSMITTERS WITHOUT WIRES;

THE MINISTER OF PUBLIC SECURITY

Pursuant to the proposal of the Transport Department under the Ministry of Transport and Posts and the Administrative Security Division under the Ministry of Public Security;

After consulting with the Ministries of National Defense, Interior, and Justice;

After being approved by the Prime Minister's Office.

DECREE

Article 1: Now we issue these temporary regulations on road transportation.

Article 2: All provisions contrary to these regulations are hereby abolished.

Article 3: The Heads of the Offices of the Ministry of Transport and Posts and the Ministry of Public Security, Directors of the Transport Department, Directors of the Administrative Security Division, Chairmen of the Administrative Committees of the Northern Vietnam Allied Zones, Zone 3, Zone 4, Left Bank Zone, Hong Quang Zone, Thai Meo Autonomous Zone, Vinh Linh Region, Hanoi City, and Haiphong City shall implement this decree.

RULES

TEMPORARY REGULATIONS ON ROAD TRANSPORTATION

Article 1: To ensure the implementation of transport policies and guarantee the safety of transportation, these temporary regulations on road transportation stipulate:

a- The management of vehicles and drivers;

b- The operation of the transport sector, particularly road transport businesses;

c- The punishment for violations of these regulations.

PART I
MANAGEMENT OF VEHICLES

SECTION A: VEHICLE REGISTRATION

Article 2: All vehicles, except those specified in Article 3 below, owned by individuals, state agencies, organizations, Vietnamese citizens, and foreigners, regardless of whether they are for personal use or professional transport, must be registered.

New vehicles that have not been sold, newly imported, or still owned by importers, do not need to be registered like sold vehicles. These regulations do not apply to imported aid vehicles and state trade vehicles that have not yet been delivered to retail stores.

Article 3: Small bicycles, three-wheeled children's vehicles, hand carts, and wheelbarrows carrying no more than 100 kilograms of goods are exempt from registration. Medium-sized bicycles must be registered as large vehicles.

Article 4: When registering a vehicle, the owner must present:

- A sales receipt or other valid documentation proving ownership of the vehicle;

- Proof of payment of import tax (if the vehicle is from abroad);

- A declaration of the owner's background certified by local authorities (Village Administration Committee, neighborhood authority representative, or police station) (for cars, motorcycles, motorized rickshaws, rickshaws, horse-drawn carriages).

For cars, owners must submit a registration application and obtain a usage permit.

Article 5: Registered vehicles will be assigned a registration number. When a vehicle changes hands, the registration number remains unchanged, except when a private vehicle is sold to a state agency or vice versa.

The registration authority will provide the owner with a license plate (two plates if it is a car, motorcycle, rickshaw, or motorized rickshaw) to affix to the vehicle. The owner must pay for the license plate and printing fees.

For cars, motorcycles, motorized rickshaws, rickshaws, and horse-drawn carriages, the owner must pay a registration fee and transfer fee upon registration and when transferring ownership.

Article 6: Registered and inspected vehicles will be issued a certificate of ownership and can be immediately put into use, except for cars which require an additional usage permit to operate.

Article 7: When a vehicle changes hands, the buyer must report to the traffic or public security authority where they reside or use the vehicle within ten days of purchase. In the case of cars used for commercial transport, the seller must obtain permission from the traffic authority before selling.

Article 8: Except for the cases mentioned in Articles 4 and 7 above and for vehicles required to be registered, the owner must report to the traffic or public security authority about the vehicle's condition as follows:

a- If the vehicle has been modified to change its type entirely.

b- If the entire engine has been replaced.

c- If the vehicle is missing.

d- If the vehicle is damaged beyond repair, intended for scrapping, or dismantled for parts.

In the last case, the owner must report to the traffic or public security authority and return the license plate.

Article 9: Military vehicles are registered by military authorities and assigned unique numbers.

Private, state agency, and organization vehicles are registered by the traffic and public security authorities according to the following division:

a- Public Security registers:

- Bicycles, motorbikes, motorized rickshaws, and rickshaws nationwide.

- Rickshaws in the three cities of Hanoi, Haiphong, and Nam Dinh.

- Private passenger cars, small cars of all agencies and organizations, buses, and transport vehicles used for communication or transporting staff in Hanoi and Haiphong cities.

b- Traffic registers: All vehicles nationwide except those registered by Public Security as listed above and according to the following division:

- The Hanoi Public Works Department, the Haiphong Public Works Department, and traffic zones register cars.

- The Hanoi Public Works Department, the Haiphong Public Works Department, and traffic bureaus register primitive vehicles (ox-carts, buffalo-carts, horse-drawn carriages, rickshaws - except rickshaws in Hanoi, Haiphong, and Nam Dinh cities).

SECTION B: VEHICLE INSPECTION

Article 10: All vehicles must be inspected at the time of registration. Cars, motorcycles, rickshaws, motorized rickshaws, and horse-drawn carriages used for professional transport must be re-inspected before being put into commercial use, even if they were already inspected during initial registration.

Article 11: The authority responsible for registration will conduct inspections and issue usage permits. For vehicles used in commercial transport, the traffic authority will handle safety inspections, except for rickshaws in Hanoi, Haiphong, and Nam Dinh, which are inspected by public security.

Article 12: Cars and motorcycles used for personal purposes, after obtaining annual usage permits, must be re-inspected once a year.

Vehicles used for commercial transport such as cars, motorcycles, rickshaws, motorized rickshaws, and horse-drawn carriages must be re-inspected every six months; only vehicles meeting safety standards will have their operating permits renewed. For cars, depending on their condition and the assessment of the traffic authority, the inspection period may be reduced to four or three months.

Ox-carts, three-wheeled trucks, and bicycles used for commercial transport do not require regular inspections.

In addition to regular inspections, for all types of vehicles, whether for personal use or commercial transport, the public security and traffic authorities may inspect them at any time, either along the roads or at designated locations.

Upon notification of vehicle inspection or receipt of individual inspection notices, the owner must bring the vehicle to the designated location and time for inspection.

Article 13: The owner must pay an inspection fee in the following circumstances:

- Periodic inspection: private cars and motorcycles.

- Initial inspection when considering use for commercial transportation purposes, as well as subsequent periodic inspections to renew permits.

(All vehicles used for commercial operations and transportation that require periodic inspections as specified in Article 12).

Inspection fees shall not be collected in the following cases:

- Registration or transfer of ownership inspection.

- Unscheduled inspections.

Article 14: Vehicles must be sturdy, with all parts and machinery in good condition. They must have sufficient horns, warning bells, brakes, lights, and must always be maintained in good condition to ensure safety for passengers and cargo.

Article 15: The engine of a car must run smoothly. It is prohibited to use engines that operate on a release-braking system.

Article 16: Bicycles, pedicabs, and all motorized vehicles must have effective brakes capable of stopping the vehicle in any situation. Hand carts or animal-drawn vehicles such as ox-carts and three-wheeled trucks do not need brakes. However, in areas with many hills and slopes, the provincial administrative committee may require certain types of vehicles to install braking systems.

Cars must have two separate braking systems, each of which must be sufficient to stop the vehicle even if it is descending a slope.

Article 17: Pedicabs, bicycles, horse-drawn carriages, and all motorized vehicles must have a white light at the front and a red light at the rear. The rear red light can be replaced by a red reflective lens.

Cars must have:

- AT At the front, two white or yellow headlights illuminating the road at least 100 meters ahead and two side lights illuminating 25 meters.

- AT At the back, on the left, a red light.

Additionally, license plates must have their own lighting to allow the numbers to be easily read.

Motorcycles only need one white headlight at the front and one red light at the back.

Article 18: Bicycles, horse-drawn carriages, and pedicabs must have bells, and all motorized vehicles must have horns. Car and motorcycle horns must be audible from at least 100 meters away. It is prohibited to use loud, shrill horns that disturb pedestrians and frighten animals.

PART II
MANAGEMENT OF DRIVERS AND VEHICLE CONTROL

Article 19: Drivers of motorcycles, motorized pedicabs, and cars of any size must hold a driver's license.

Drivers of bicycle motors do not need a license.

Pedalers of motorized pedicabs do not need a license but must pass a test on traffic laws and obtain a certificate allowing them to pedal a motorized pedicab.

Article 20: Driver's licenses are divided into five categories:

- Motorized pedicab driver's license;

- Motorcycle driver's license;

- Light car driver's license;

- Heavy car driver's license (over 3.5 tons).

Article 21: Drivers are classified as professional drivers who earn a living from driving and non-professional drivers. Professional drivers are further categorized into three levels (Level 1, Level 2, Level 3) based on their technical driving skills. The standards for these levels will be separately defined by the Traffic Department.

Article 22: To take a driver's license exam, candidates must meet the following age requirements:

- 18 years old for motorcycles.

- 20 years old for light cars and motorized pedicabs.

- 22 years old for heavy cars and public transport vehicles.

Applicants for a driver's license examination must submit the following documents to the traffic authority:

a- An application form affixed with a stamp, clearly stating the type of vehicle for which the examination is requested.

b- A health certificate according to the model provided by the traffic authority, issued by a doctor or medical officer within six months.

c- Two half-length photographs, frontal view, bareheaded, measuring 4x6 cm.

d- Three copies of personal history forms certified by the local government, ward office, or police station.

e- A receipt for the examination fee.

Article 23: The examination includes the following subjects:

a- Traffic rules and regulations;

b- Driving techniques (practical test on the road);

c- Machinery knowledge (theoretical).

Candidates failing subject a cannot proceed to subjects b and c.

Holders of a light car driver's license wishing to obtain a heavy car or public transport driver's license must wait at least six months from the date of passing the light car driver's license examination before taking the new examination.

The Traffic Department will determine the examination format, examination program, and be responsible for conducting examinations and issuing licenses.

Article 24: Military personnel driving military vehicles are examined and licensed by military authorities. After discharge, military personnel wishing to convert their military driver's license to a civilian one must apply to the traffic authority.

Article 25: Professional drivers must undergo a health check annually and may request re-examination to maintain their license level.

Article 26: Holders of a particular class of driver's license may only drive vehicles of that class or lower. While driving, the license must be carried on the person. Strictly prohibited is lending or borrowing a driver's license.

In case of errors on the license, it must be brought to the traffic authority for replacement rather than being altered. Damaged, torn, or lost licenses must be reported to the traffic authority for issuance of a second copy.

CHAPTER III
MANAGEMENT OF ROAD TRANSPORTATION BUSINESSES

Article 27: Except as provided in Article 28 below, all Vietnamese citizens and overseas Vietnamese engaged in transportation businesses, regardless of the form (leasing vehicles or transporting goods for hire), whether using simple or motorized vehicles, whether individually, collectively, or jointly, must have a transportation business permit.

For national transportation enterprises, the enterprise establishment documents serve as the transportation business permit.

Article 28: Those using a single simple vehicle such as an ox-cart, three-wheeled truck, bicycle, or horse for transporting goods for hire, where such activities are merely secondary occupations conducted irregularly within a limited scope, are exempted from obtaining a business permit.

Article 29: Individuals or organizations wishing to engage in transportation businesses must obtain permission from the traffic authority before registering with the commerce authority.

In cases where businesses only lease vehicles, the commerce authority issues the business permit and registers, while the traffic authority inspects the vehicles for safety.

Procedures for applying for a transportation business permit are separately stipulated.

Article 30: Issuance of transportation business permits is assigned as follows:

a- The Traffic Department issues permits for transportation businesses using cars;

b- The Hanoi Public Works Bureau, the Haiphong Public Works Bureau, and the Transportation Departments issue permits for transportation businesses using other types of vehicles.

Article 31: If the permit holder does not commence business operations within two months from the date of receiving the registration certificate, the permit and registration certificate will be revoked unless there are valid reasons.

During business operations, if intending to suspend operations temporarily or cease entirely, the permit holder must submit an application detailing the reasons.

Article 32: While operating, transportation business operators may not arbitrarily:

- Change routes;

- Increase or decrease the number of vehicles;

- Alter the nature of the transport service (vehicles permitted to carry passengers used for cargo transport or vice versa).

Any changes to the business conditions mentioned above must be approved in advance by the Traffic Authority.

Article 33: Transport businesses must have designated parking areas at convenient locations that do not cause inconvenience to the public.

Article 34: In addition to the driver, commercial transport vehicles must have the required number of assistant drivers and loaders as stated in their operating permit.

Vehicle supervisors must always ensure the safety of passengers and cargo while the vehicle is in motion as well as during boarding and disembarking of passengers and loading and unloading of goods.

Article 35: Vehicles transporting explosive materials such as ammunition, mines, detonators, etc., and flammable materials such as gasoline, oil, kerosene, etc., must have safety organizations and distinctive markings; steam-powered vehicles may absolutely not transport flammable materials; explosive materials may not be transported on the same trip with passengers. Vehicles transporting explosive or flammable materials must not park near other vehicles while traveling or at stops.

Article 36: Animals such as dogs and cats may be transported together with passengers but must be muzzled, tied up, or placed in cages; pigs may not be transported on the same trip with passengers.

Article 37: Public transportation vehicles must have internal regulations approved by the Traffic Authority. The regulations include the following points:

a- Unladen weight of the vehicle;

b- Number of passengers or weight of cargo allowed to be carried;

c- Fare rates;

d- Duties of the vehicle supervisor (keeping the vehicle clean before departure, checking doors before and after trips, ensuring the engine remains running when parked, the driver may not leave the vehicle, etc.);

e- Duties of passengers (maintaining cleanliness, not sticking heads out of windows while the vehicle is moving, not throwing trash or objects out of the vehicle, etc.);

The vehicle's internal regulations must be posted inside the vehicle.

Article 38: Transport businesses must strictly comply with transport regulations, adhere to vehicle regulations, respect terminal regulations, follow traffic officers' guidance, and submit to inspections by traffic, police, tax, customs, and other authorities.

Inspections will be conducted according to each authority's specific procedures. Inspection personnel must carry identification badges and orders while performing their duties.

PART IV
PENALTIES FOR VIOLATIONS OF REGULATIONS

Article 39: Penalties for violations of transport regulations vary depending on the severity as follows:

a- Criticism or warning:

For minor violations that do not cause damage to anyone due to the violator's lack of understanding of the regulations.

b- Fine:

For relatively serious violations or repeated violations.

- Motorcycles and automobiles: fines ranging from 2,000 to 50,000 dong.

Below are the fine amounts for certain violations of transport regulations applicable to automobiles and motorcycles:

From 2,000 to 5,000 dong.

- Using unregistered or unlicensed vehicles;

- Vehicles changing ownership without timely re-registration;

- Not bringing vehicles for inspection within the prescribed period;

- Public transportation vehicles lacking internal regulations or having unapproved regulations.

From 5,000 to 20,000 dong.

- Driving without a license for vehicles requiring a license or driving a vehicle requiring a higher license than possessed;

- Operating vehicles with faulty parts that could lead to accidents;

- Exceeding weight limits or passenger capacity;

-擅自修改运输性质。

From 10,000 to 50,000 dong.

- Engaging in business operations without permission;

- Operating on prohibited routes;

- Continuing to operate public transportation vehicles past their inspection expiration date without re-inspection;

- Evading traffic and police inspections.

For certain violations such as illegal business operations, overloading, and exceeding passenger capacity, penalties may be doubled based on the revenue earned from illegal operations or the excess cargo and passengers transported, rather than applying the aforementioned fines. In such cases, the maximum penalties will not apply.

c- Revocation of usage permits or business licenses:

For operating faulty vehicles or repeatedly violating important regulations despite education and warnings.

d- Suspension of driving licenses:

For causing accidents due to irresponsible driving behavior. Depending on the severity of the fault, driving licenses may be suspended for 15 days to three months or permanently revoked. If the driver is severely injured and unable to drive, the license will be permanently revoked.

For all violations of regulations, penalties will be applied based on the severity of the case, involving one or more of the above measures.

e- Prosecution before Court:

In the following cases, violators must be prosecuted and punished according to criminal law:

- Causing an accident and fleeing the scene;

- Serious violations causing significant damage to property and human life.

Compensation: For vehicle accidents, both the owner and driver responsible for the accident must bear legal responsibility, but the owner is solely responsible for compensation.

Article 40: The following officials have the authority to document violations of regulations:

- Police officers at all levels;

- Traffic officials at the level of Director and above;

- County and city People's Court judges;

- Procurators of provincial and municipal People's Courts.

Article 41: Handling of violations of regulations is as follows:

- Commune Administrative Committees may issue criticism and warnings;

- Police stations may impose fines up to a maximum of 5,000 dong;

- Police at the district level and above, and traffic police platoons may impose fines up to the maximum amount and temporarily confiscate driving licenses, usage permits, and business licenses, then immediately request formal revocation from the issuing authority.

Additionally, for accidents that do not require prosecution, local police at all levels may negotiate compensation for those who have suffered losses.

Article 42: Based on local circumstances and after approval by the Ministry of Public Security and the Ministry of Transportation, administrative committees of cities and provinces may establish specific regulations consistent with this regulation for implementation within their respective jurisdictions.