Decree No. 107/2014/ND-CP amending and supplementing certain articles of Decree No. 171/2013/ND-CP dated November 13, 2013 of the Government on administrative penalties for violations in the field of road traffic and railway.

DECREE

Amending and supplementing certain articles of Decree No. 171/2013/NĐ-CP dated November 13, 2013 of the Government stipulating administrative penalties for violations in the field of road traffic and railway transport

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Pursuant to the Law on Organization of the Government dated December 25, 2001;

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

On the basis of Decree No. 86/2012/NĐ-CP dated October 19, 2012, issued by the Government detailing and guiding implementation of certain provisions of the Metrology Law;

Pursuant to the Railway Law dated June 14, 2005;

At the proposal of the Minister of Transport,

The Government promulgates this Decree amending and supplementing certain articles of Decree No. 171/2013/NĐ-CP dated November 13, 2013 of the Government stipulating administrative penalties for violations in the field of road traffic and railway transport.

Article 1. Amending and supplementing certain articles of Decree No. 171/2013/NĐ-CP dated November 13, 2013 of the Government stipulating administrative penalties for violations in the field of road traffic and railway transport

1. Amend Point d Clause 3 Article 16 as follows:

"d) Changing the size of the cargo box without authorization, or installing additional seats or beds, or removing seats or beds from passenger-carrying vehicles."

2. Amend Clause 2 Article 23 as follows:

"2. A fine of VND 300,000 to VND 500,000 per person exceeding the permitted number of passengers on each vehicle for the driver of a passenger car, passenger vehicle (excluding buses), who commits the following violation: carrying more than two people on a vehicle up to nine seats, more than three people on a vehicle from ten to fifteen seats, more than four people on a vehicle from sixteen to thirty seats, and more than five people on a vehicle over thirty seats, except for violations specified in Clause 4 of this Article."

3. Amend Clause 4 Article 23 as follows:

"4. A fine of VND 800,000 to VND 1,000,000 per person exceeding the permitted number of passengers on each vehicle for the driver of a passenger car running a route with a distance greater than 300 kilometers who commits the following violation: carrying more than two people on a vehicle up to nine seats, more than three people on a vehicle from ten to fifteen seats, more than four people on a vehicle from sixteen to thirty seats, and more than five people on a vehicle over thirty seats."

4. Amending and supplementing Article 24 as follows:

"Article 24. Imposing fines on drivers of trucks, tractors, and similar vehicles transporting goods that violate regulations on road transport
1. A fine of VND 300,000 to VND 400,000 for transporting goods on a vehicle that requires securing but is not secured or not securely fastened; loading goods on the roof of the cab; loading goods causing the vehicle to be unbalanced.
2. A fine of VND 800,000 to VND 1,000,000 for one of the following violations:
a) Carrying goods in excess of the permissible gross weight (payload) recorded in the Certificate of Technical Safety and Environmental Protection Inspection by more than 10% to 40% for vehicles with a load capacity under 5 tons, more than 10% to 30% for vehicles with a load capacity of 5 tons or more, and more than 20% to 30% for tanker trucks carrying liquids (including trailers and semi-trailers);
b) Loading goods on the roof of the cargo box; loading goods beyond the width of the cargo box; loading goods extending more than 10% of the length of the vehicle forward or backward from the cargo box;
c) Carrying people on the cargo box contrary to regulations; allowing people to sit on the roof or hang onto the outside of the vehicle while it is moving;
d) Operating commercial transportation of goods without a transportation contract or waybill as required, except for taxi trucks;
3. A fine of VND 1,000,000 to VND 2,000,000 for operating commercial transportation of goods without an installed vehicle tracking device (for vehicles required to have such devices) or having an installed device that does not function as required;
4. A fine of VND 2,000,000 to VND 3,000,000 for one of the following violations:
a) Operating a taxi truck without an installed fare meter or with an improperly installed fare meter;
b) Carrying goods exceeding the permissible height for trucks (including trailers and semi-trailers);
5. A fine of VND 3,000,000 to VND 5,000,000 for one of the following violations:
a) Carrying goods in excess of the permissible gross weight (payload) recorded in the Certificate of Technical Safety and Environmental Protection Inspection by more than 40% to 60% for vehicles with a load capacity under 5 tons, more than 30% to 50% for vehicles with a load capacity of 5 tons or more, and tanker trucks carrying liquids (including trailers and semi-trailers);
b) Operating a vehicle beyond the prescribed time limit;
c) Operating a vehicle without a valid emblem or with an expired emblem where such emblems are required;
6. A fine of VND 5,000,000 to VND 7,000,000 for carrying goods in excess of the permissible gross weight (payload) recorded in the Certificate of Technical Safety and Environmental Protection Inspection by more than 60% to 100% for vehicles with a load capacity under 5 tons, more than 50% to 100% for vehicles with a load capacity of 5 tons or more, and tanker trucks carrying liquids (including trailers and semi-trailers);
7. A fine of VND 7,000,000 to VND 8,000,000 for carrying goods in excess of the permissible gross weight (payload) recorded in the Certificate of Technical Safety and Environmental Protection Inspection by more than 100% (including trailers and semi-trailers);
8. In addition to being fined, violators shall also be subject to the following supplementary penalties:
a) For violating Point b Clause 2, Point a Clause 5 of this Article, the driving license shall be suspended for one month;
b) For violating Point c Clause 2; Point b Clause 4; Points b, c Clause 5; Clause 6 of this Article, the driving license shall be suspended for two months;
c) For violating Clause 7 of this Article, the driving license shall be suspended for three months;
d) If the driver of the vehicle is also the owner of the vehicle and repeatedly violates Points a Clause 5, Clause 6, Clause 7 of this Article with the same vehicle whose cargo box does not comply with current regulations, then the Certificate of Technical Safety and Environmental Protection Inspection and the inspection seal will also be suspended for one month;
9. In addition to being subject to penalties, the driver of the vehicle committing the violation shall also be subject to the following remedial measures:
a) Committing acts prohibited under Point a, Point b Clause 2; Point b Clause 4; Point a Clause 5; Clause 6; Clause 7 of this Article shall also be subject to measures to mitigate consequences, including being compelled to reduce the overloaded portion of cargo and unload the portion exceeding the prescribed dimensions according to the guidance of competent authorities at the location where the violation was discovered; b) In cases where the vehicle operator is simultaneously the owner of the vehicle, if they repeat the act prohibited under Point a Clause 5, Clause 6, Clause 7 of this Article for the same vehicle that has an incorrect cargo box according to current regulations, they shall also be compelled to adjust the cargo box according to current regulations and have the vehicle re-inspected before it can be put back into traffic.

5. Amend Clause 1 of Article 28 as follows:

"1. A fine of VND 500,000 to VND 1,000,000 for individuals and VND 1,000,000 to VND 2,000,000 for organizations for loading goods onto motor vehicles beyond the permitted gross weight (payload) for traffic participation as recorded in the Vehicle Safety Technical Inspection Certificate by more than 10% up to 40%; loading goods onto motor vehicles without signing confirmation of the loading on the transport document as required."

6. Amend Point b Clause 2 of Article 28 as follows:

"b) Not posting the name and phone number of the transportation business unit (transporter), the self-weight of the vehicle, the permissible payload, and the total permissible weight for traffic participation on the door of trucks as required; not posting the name and phone number of the transportation business unit (transporter), the self-weight of the truck tractor, the permissible payload, and the total permissible weight for pulling on the door of truck tractors as required; not posting the name and phone number of the transportation business unit (transporter), the permissible payload, and the total permissible weight for traffic participation on trailers and semi-trailers as required;"

7. Add Point e Clause 2 of Article 28 as follows:

"e) Loading goods onto each motor vehicle beyond the permitted gross weight (payload) for traffic participation as recorded in the Vehicle Safety Technical Inspection Certificate by more than 40%."

8. Amend Article 30 as follows:

"Article 30. Penalties for vehicle owners violating road traffic regulations
1. A fine of VND 100,000 to VND 200,000 for individuals who are owners of motorcycles, motorized bicycles, and similar vehicles, and VND 200,000 to VND 400,000 for organizations who are owners of motorcycles, motorized bicycles, and similar vehicles for committing any of the following violations:
a) Changing the brand name or paint color of the vehicle without authorization, which does not match the registration certificate;
b) Failing to complete the procedures for transferring ownership of the motorcycle, motorized bicycle, or similar vehicle through registration when purchasing, receiving as a gift, receiving as a donation, receiving as an allocation, or inheriting such property.
2. A fine of VND 300,000 to VND 400,000 for individuals who are owners of automobiles, tractors, specialized motor vehicles, and similar vehicles, and VND 600,000 to VND 800,000 for organizations who are owners of automobiles, tractors, specialized motor vehicles, and similar vehicles for committing any of the following violations:
a) Installing windshields or windows that are not safety glass;
b) Unauthorizedly changing the paint color of the vehicle without matching the color recorded in the registration certificate;
c) Failing to comply with regulations regarding license plates, regulations regarding lettering on the body and doors of the vehicle, except for violations under Point a, Point b, Point c Clause 2 of Article 28, Point b Clause 2 of Article 37 of this Decree.
3. A fine of VND 800,000 to VND 1,000,000 for individuals who are owners of motorcycles, motorized bicycles, and similar vehicles, and VND 1,600,000 to VND 2,000,000 for organizations who are owners of motorcycles, motorized bicycles, and similar vehicles for committing any of the following violations:
a) Unauthorizedly cutting, welding, or drilling the frame number or engine number;
b) Altering, repairing, or forging the registration documents;
c) Unauthorizedly altering the frame, engine, shape, size, or characteristics of the vehicle;
d) Providing false information or using fake documents to obtain new license plates or registration certificates;
đ) Handing over the vehicle or allowing persons who do not meet the conditions stipulated in Clause 1 of Article 58 of the Road Traffic Law to operate the vehicle on public roads.
4. A fine of VND 1,000,000 to VND 2,000,000 for individuals who are owners of automobiles, tractors, specialized motor vehicles, and similar vehicles, and VND 2,000,000 to VND 4,000,000 for organizations who are owners of automobiles, tractors, specialized motor vehicles, and similar vehicles for failing to complete the procedures for transferring ownership of the automobile, tractor, specialized motor vehicle, or similar vehicle through registration when purchasing, receiving as a gift, receiving as a donation, receiving as an allocation, or inheriting such property.
5. A fine of VND 2,000,000 to VND 4,000,000 for individuals who are owners of automobiles, tractors, specialized motor vehicles, and similar vehicles, and VND 4,000,000 to VND 8,000,000 for organizations who are owners of automobiles, tractors, specialized motor vehicles, and similar vehicles for committing any of the following violations:
a) Unauthorizedly cutting, welding, or drilling the frame number or engine number;
b) Erasing or altering the registration certificate, registration documents, inspection certificate, or safety and environmental protection label of the vehicle;
c) Failing to comply with the procedures for recalling the registration certificate, license plate, and inspection certificate for road traffic vehicles as required;
d) Failing to complete the procedures for replacing the registration certificate after the vehicle has been modified;
đ) Handing over the vehicle or allowing persons who do not meet the conditions stipulated in Clause 1 of Article 58 (for automobiles, tractors, and similar vehicles) or Clause 1 of Article 62 of the Road Traffic Law (for specialized motor vehicles) to operate the vehicle on public roads;
e) Providing false information or using fake documents to obtain new license plates, registration certificates, or inspection certificates.
g) Assigning or allowing employees or representatives to operate vehicles to commit acts violating the provisions set forth in: Clause 2; Point c, Point e Clause 3; Clause 4; Point d Clause 6 Article 23 of this Decree;
h) Assigning or allowing employees or representatives to operate vehicles to commit acts violating the provisions set forth in: Point a, Point b Clause 2; Point b Clause 4; Point b Clause 5 Article 24 of this Decree;
i) Assigning or allowing employees or representatives to operate vehicles to commit acts violating the provision set forth in Point b Clause 2 Article 25 of this Decree;
k) Assigning or allowing employees or representatives to operate vehicles to commit acts violating the provisions set forth in: Clause 2; Point b, Point c, Point d, Point đ, Point e Clause 3 Article 33 of this Decree.
6. A fine of VND 4,000,000 to VND 6,000,000 for individuals and VND 8,000,000 to VND 12,000,000 for organizations for committing any of the following violations:
a) Renting or borrowing parts or accessories of motor vehicles during inspection;
b) Putting motor vehicles, special-purpose motorcycles without a Certificate or safety and environmental protection inspection label as prescribed into traffic.
7. A fine of VND 6,000,000 to VND 8,000,000 for individuals who are owners of motor vehicles, tractors, special-purpose motorcycles, and similar types of motor vehicles, and VND 12,000,000 to VND 16,000,000 for organizations that are owners of motor vehicles, tractors, special-purpose motorcycles, and similar types of motor vehicles for committing any of the following violations:
a) Arbitrarily changing the frame assembly; engine assembly; braking system; drive system; motion system or arbitrarily altering the structure, shape, size of the vehicle not in accordance with the design of the manufacturer or approved design modification; arbitrarily changing the usage function of the vehicle;
b) Converting other motor vehicles into passenger-carrying motor vehicles.
8. A fine of VND 12,000,000 to VND 14,000,000 for individuals who are owners of motor vehicles, tractors, special-purpose motorcycles, and similar types of motor vehicles, and VND 24,000,000 to VND 28,000,000 for organizations that are owners of motor vehicles, tractors, special-purpose motorcycles, and similar types of motor vehicles for committing the act of assigning or allowing employees or representatives to operate vehicles to commit acts violating the provisions set forth in Point a Clause 5 Article 24 of this Decree.
9. A fine of VND 14,000,000 to VND 16,000,000 for individuals who are owners of motor vehicles, tractors, special-purpose motorcycles, and similar types of motor vehicles, and VND 28,000,000 to VND 32,000,000 for organizations that are owners of motor vehicles, tractors, special-purpose motorcycles, and similar types of motor vehicles for committing any of the following violations:
a) Assigning or allowing employees or representatives to operate vehicles to commit acts violating the provisions set forth in: Clause 6 Article 24; Clause 4 Article 33 of this Decree;
b) Assigning or allowing employees or representatives to operate vehicles to commit acts violating the provisions set forth in Point a Clause 2 Article 25 of this Decree.
10. A fine of VND 16,000,000 to VND 18,000,000 for individuals who are owners of motor vehicles, tractors, special-purpose motorcycles, and similar types of motor vehicles, and VND 32,000,000 to VND 36,000,000 for organizations that are owners of motor vehicles, tractors, special-purpose motorcycles, and similar types of motor vehicles for committing the act of assigning or allowing employees or representatives to operate vehicles to commit acts violating the provisions set forth in: Clause 7 Article 24; Clause 5 Article 33 of this Decree.
11. In addition to being fined, individuals and organizations committing violations shall also be subject to the following additional penalties:
a) Committing acts as provided in Point b, Point d Clause 3; Point b, Point e Clause 5 of this Article shall have their license plates, Vehicle Registration Certificates (if reissued), files, fake documents, and materials confiscated;
b) Committing acts as provided in Point b Clause 7 of this Article shall have their vehicles confiscated;
c) Reoffending acts as provided in Clause 8, Point a Clause 9, Clause 10 of this Article with the same vehicle which has a cargo box not in compliance with current regulations shall also have their Certificate of Safety Technical Inspection and Environmental Protection and Inspection Label of the vehicle revoked for a period of one month.
12. In addition to being subject to penalties, individuals and organizations committing violations shall also be subject to the following remedial measures:
a) Committing acts as provided in Point a Clause 1; Point b, Point c Clause 2 of this Article shall be required to restore the brand name and paint color recorded in the Vehicle Registration Certificate or comply with the regulations on license plates, regulations on writing characters on the body and doors of the vehicle;
b) Committing acts as provided in Point a Clause 2, Point a Clause 7 of this Article shall be required to restore the original shape, size, or technical safety condition of the vehicle; c) Reoffending acts as provided in Clause 8; Point a Clause 9; Clause 10 of this Article with the same vehicle which has a cargo box not in compliance with current regulations shall also be required to adjust the cargo box according to current regulations and undergo re-inspection before putting the vehicle back into traffic."

9. Amend and supplement Article 33 as follows:

"Article 33. Penalties for drivers of tracked vehicles; vehicles exceeding weight limits, size limits of bridges and roads (including passenger-carrying motor vehicles)
1. A fine of VND 1,000,000 to VND 2,000,000 for failing to comply with the provisions in the Permit to Circulate, except for violations as provided in Point b, Point d, Point đ Clause 3 of this Article.
2. A fine of VND 2,000,000 to VND 3,000,000 for operating a vehicle where the total weight (gross mass) allowed to participate in traffic exceeds the permitted weight limit of the bridge or road by more than 10% to 20%, except in cases where the Permit to Circulate is still valid.
3. A fine of from VND 3,000,000 to VND 5,000,000 for one of the following violations:
a) Refusing to comply with weight checks, size limits when signaled or ordered to do so; transferring loads or using other means to evade detection of overloading or oversized vehicles;
b) Operating a vehicle with a valid Registration Permit but the total weight (gross weight) allowed to participate in traffic or axle load of the vehicle (including goods loaded on the vehicle if any) exceeds the limit specified in the Registration Permit;
c) Operating a vehicle where the total weight (gross weight) allowed to participate in traffic or axle load of the vehicle (including goods loaded on the vehicle, passengers carried on the vehicle) exceeds the allowable load capacity of bridges and roads by more than 20% up to 50%, except when there is a valid Registration Permit;
d) Carrying goods that exceed the size limits of bridges and roads recorded in the Registration Permit;
đ) Operating a tracked vehicle in traffic without a valid Registration Permit as prescribed or traveling directly on roads without implementing protective measures for the road as prescribed;
e) Operating a vehicle exceeding the size limits of bridges and roads or carrying goods that exceed the size limits of bridges and roads in traffic, except when there is a valid Registration Permit.
4. A fine of VND 5,000,000 to VND 7,000,000 shall be imposed for operating a vehicle where the total weight (gross weight) allowed to participate in traffic or axle load of the vehicle (including goods loaded on the vehicle, passengers carried on the vehicle) exceeds the allowable load capacity of bridges and roads by more than 50% up to 100%, except when there is a valid Registration Permit.
5. A fine of VND 7,000,000 to VND 8,000,000 shall be imposed for operating a vehicle where the total weight (gross weight) allowed to participate in traffic or axle load of the vehicle (including goods loaded on the vehicle, passengers carried on the vehicle) exceeds the allowable load capacity of bridges and roads by more than 100%, except when there is a valid Registration Permit.
6. In addition to being fined, the driver who commits the violation shall also be subject to the following additional penalties:
a) Committing the act stipulated in Clause 1, Point c Clause 3 of this Article shall also have their Driver's License revoked (when driving automobiles, tractors, and similar vehicles) or their Traffic Law Knowledge Training Certificate revoked (when driving specialized motorcycles) for one month;
b) Committing the acts stipulated in Points a, b, d, đ, e Clause 3; Clause 4 of this Article shall also have their Driver's License revoked (when driving automobiles, tractors, and similar vehicles) or their Traffic Law Knowledge Training Certificate revoked (when driving specialized motorcycles) for two months;
c) Committing the act stipulated in Clause 5 of this Article shall also have their Driver's License revoked (when driving automobiles, tractors, and similar vehicles) or their Traffic Law Knowledge Training Certificate revoked (when driving specialized motorcycles) for three months;
d) In cases where the driver of the vehicle is also the owner of the vehicle, if they repeatedly commit the acts stipulated in Clause 4, Clause 5 of this Article with the same vehicle which has an incorrect cargo box according to current regulations, they shall also have their Vehicle Safety Technical Inspection Certificate and Inspection Label revoked for one month.
7. In addition to being subject to penalties, the driver who commits the violation shall also be subject to the following remedial measures:
a) Committing violations stipulated in Clause 1, Clause 2, Clause 3, Clause 4, Clause 5 of this Article shall be required to unload excess cargo and remove oversized cargo according to the instructions of the competent authority at the location where the violation was discovered; if damage to bridges and roads is caused, they must restore them to their original condition before the administrative violation occurred; b) In cases where the driver of the vehicle is also the owner of the vehicle, if they repeatedly commit the acts stipulated in Clause 4, Clause 5 of this Article with the same vehicle which has an incorrect cargo box according to current regulations, they shall also be required to adjust the cargo box according to current regulations and re-inspect the vehicle before putting it back into traffic.

10. Amend and supplement Point l Clause 6 Article 68 as follows:

"1) Clause 1; Point a, Point b, Point d Clause 2; Clause 3; Clause 4; Clause 5; Clause 6; Clause 7 Article 24;"

11. Amend and supplement Point n Clause 6 Article 68 as follows:

"n) Clause 2; Point a, Point đ, Point g, Point h, Point i, Point k Clause 5; Clause 6; Clause 7; Clause 8; Clause 9; Clause 10 Article 30;"

Article 2. Effectiveness and responsibility for implementation

1. This Decree takes effect from January 1, 2015.

2. The Ministry of Transport shall coordinate with relevant ministries and agencies to guide the implementation of this Decree.

3. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of provincial People's Committees, and municipal People's Committees directly under the Central Government are responsible for enforcing this Decree.