DECREE

Regulations on administrative penalties for violations of road traffic

___________________

 

THE GOVERNMENT

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

WHEREAS, the Road Traffic Law dated June 29, 2001;

Based on the Administrative Violation Handling Ordinance dated July 2, 2002;

Based on the Ordinance on the People's Police Force of Vietnam dated January 28, 1989 and the Ordinance amending Article 6 of the Ordinance on the People's Police Force of Vietnam dated July 6, 1995;

Pursuant to Resolution No. 13/2002/NQ-CP dated November 19, 2002 of the Government on measures to curb the increase and gradually reduce traffic accidents and traffic congestion;

Pursuant to Decree No. 14/2003/NĐ-CP dated February 19, 2003 of the Government detailing the implementation of certain provisions of the Road Traffic Law;

At the proposal of the Minister of Transport and the Minister of Public Security.

DECREE:

 

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates administrative penalties for acts violating regulations on road traffic rules, conditions ensuring road traffic safety of road infrastructure, vehicles, and road traffic participants, road transport activities, and other violations related to road traffic.

Article 2. Applicability

1. Individuals and organizations of Vietnam committing administrative violations concerning road traffic shall be subject to administrative penalties as prescribed in this Decree.

2. Individuals and organizations from foreign countries committing administrative violations concerning road traffic within the territory of Vietnam shall be subject to penalties under this Decree, except where international treaties to which Vietnam is a party provide otherwise, in which case such treaties shall prevail.

Article 3. Principles of administrative penalty imposition and application of other measures.

1. All administrative violations of road traffic must be promptly detected and immediately stopped. Administrative penalties must be carried out strictly in accordance with the Law on Handling Administrative Violations, the provisions of this Decree, and must be conducted swiftly, fairly, and thoroughly. Any consequences caused by the violation must be remedied in accordance with the law.

2. An individual or organization shall only be subject to administrative penalties when there is an administrative violation as specified in this Decree.

3. The imposition of administrative penalties for road traffic violations must be conducted by persons authorized under Articles 41, 42, 43, and 44 of this Decree.

4. A single administrative violation shall only be penalized once.

If an individual commits multiple administrative violations, they shall be sanctioned for each violation separately. If the form of sanction is a fine, the fines shall be combined into a total fine and issued in a single decision on administrative sanction.

If multiple individuals jointly commit a single administrative violation, each violator shall be sanctioned.

5. When deciding on an administrative penalty, consideration must be given to the nature and severity of the violation, the violator's background, mitigating and aggravating circumstances as provided in the Law on Handling Administrative Violations, the act of violation, form, and level of penalty prescribed for the specific violation in this Decree to determine appropriate forms and measures of handling.

6. No administrative penalty shall be imposed in cases of emergency situations, justifiable self-defense, unexpected events, or administrative violations committed while suffering from mental illness or other diseases that impair the ability to understand or control one's actions.

7. The measure of "marking the number of traffic law violations on the driver's license" is stipulated in Resolution No. 13/2002/NQ-CP dated November 19, 2002, of the Government on measures to curb the increase and gradually reduce traffic accidents and congestion to manage drivers of motorized road vehicles: if the driver's license is marked three times for violations, it becomes invalid; if marked twice, the driver must retake the Road Traffic Law when renewing the driver's license. Hereinafter, this measure is referred to as marking the number of violations on the driver's license.

Article 4. Principles for determining the authority to impose administrative penalties

1. The authority to impose administrative penalties as prescribed in this Decree applies to a single administrative violation. In cases of fines, the authority to impose penalties is determined based on the maximum amount of the fine range prescribed for each specific violation.

2. In cases where an individual commits multiple administrative violations, the authority to impose penalties shall be determined according to the following principles:

a) If the form and level of penalty prescribed for each violation are within the authority of the penalizing authority, then the authority remains with that person;

b) If the form and level of penalty prescribed for one of the violations exceed the authority of the penalizing authority, then that person must transfer the violation to the competent authority with jurisdiction to impose penalties;

c) In cases where an administrative violation falls within the jurisdiction of several authorities, the penalty shall be imposed by the first authority to take up the case.

Article 5. Amount of Fine

When applying the form of fine, the specific amount of fine for a violation act is the average level within the fine range prescribed for that act; if the violation has mitigating circumstances, the amount of fine may be reduced below the average level but not lower than the minimum level of the fine range; if the violation has aggravating circumstances, the amount of fine may be increased above the average level but not exceeding the maximum level of the fine range.

Article 6. Time Limit for Administrative Sanctions

1. The time limit for administrative sanctions regarding traffic violations on public roads is one year, counted from the date the violation was committed. If this period has passed, no sanction will be imposed, but measures to remedy consequences still apply according to point a, point b, Clause 3, Article 12 of the Ordinance on Handling Administrative Violations.

2. Within one year, if an individual or organization commits a new traffic violation on public roads or intentionally evades or obstructs the enforcement of sanctions, the time limit prescribed in Clause 1 of this Article shall not be applied. The time limit for administrative sanctions will be recalculated from the date of the new violation or the date when the act of evasion or obstruction ends.

Article 7. Responsibilities of the Authority with Power to Impose Sanctions

The authority with power to impose administrative sanctions must impose sanctions on the correct person, for the correct violation, within their jurisdiction, and in accordance with the law; if they abuse their powers by tolerating, shielding, failing to impose sanctions, imposing sanctions untimely, incorrectly, or beyond their authorized limits, they will be subject to disciplinary action or criminal responsibility depending on the nature and severity of the violation; if material damage is caused, they must compensate according to the provisions of the law.

Article 8. Responsibilities of Individuals and Organizations Committing Violations

1. Individuals and organizations committing violations of traffic regulations on public roads must comply with the decision on sanctions imposed by the authority with power to impose sanctions as stipulated by law.

2. Individuals and organizations committing violations of traffic regulations on public roads who obstruct or oppose law enforcement officers or use deceitful means, bribery, or other methods to evade inspection, supervision, or handling of violations by law enforcement officers will be subject to legal sanctions depending on the nature and severity of the violation.

Chapter II

ADMINISTRATIVE SANCTIONS FOR VIOLATIONS OF TRAFFIC RULES ON PUBLIC ROADS

 

Article 9. Sanctions for Drivers of Motor Vehicles and Similar Vehicles Violating Traffic Rules on Public Roads

1. Warning or a fine of VND 10,000 to VND 30,000 for drivers or passengers sitting in the front seat of motor vehicles equipped with seat belts but not wearing them while the vehicle is moving.

2. A fine of VND 40,000 to VND 80,000 for any of the following acts:

a) Driving on the left side of the road instead of the right side; driving outside the designated lane or lane markings;

b) Not complying with traffic signals, signs, or road markings, except for violations specified in points d, đ, m, Clause 3, point b, Clause 4, points b, c, Clause 5 of this Article, which will be sanctioned according to those points and clauses;

c) Not yielding to pedestrians at crosswalks or to drivers of non-motorized vehicles on their designated lanes when turning;

d) Reversing without observing or signaling in advance;

đ) Using high-beam lights when passing another vehicle at night;

e) Not parking close to the curb on narrow sidewalks;

3. A fine of VND 80,000 to VND 120,000 for any of the following acts:

a) Not complying with the instructions of traffic controllers or traffic supervisors;

b) Changing lanes improperly or without signaling in advance;

c) Not signaling before overtaking or changing direction suddenly in front of another vehicle;

d) Turning around on pedestrian crossings, bridges, bridge approaches, underpasses, narrow roads, or curves with obstructed visibility;

đ) Reversing on one-way streets, in areas where parking is prohibited, on pedestrian crossings, intersections, railway crossings, areas with obstructed visibility, or where U-turns are prohibited;

e) Passing improperly or not yielding as required on narrow roads, steep slopes, or areas with obstacles;

g) Parking on the travel lane outside urban areas where sidewalks are wide; parking improperly in areas designated for parking; parking illegally in city streets; parking on tram tracks; parking on bridges; parking on steep slopes without wheel chocks; or other improper parking behaviors;

h) Parking on city streets or sidewalks contrary to regulations;

i) Leaving the driver's seat when parked; opening car doors without ensuring safety;

k) Not signaling before stopping or parking;

l) Not displaying warning signs on the front of the towing vehicle or rear of the towed vehicle; not securely connecting the towing vehicle and the towed vehicle;

m) Entering restricted areas or driving against the flow of one-way streets, except for priority vehicles performing urgent tasks;

n) Honking continuously or making loud noises affecting quietness in cities or densely populated areas between 10 PM and 5 AM; using horns or high-beam lights in cities or densely populated areas, except for priority vehicles performing urgent tasks;

o) Not following traffic rules or instructions of traffic controllers when crossing ferries, pontoon bridges, or congested areas;

p) Not maintaining safe distance from the vehicle ahead as required when driving on expressways;

q) Not reducing speed and yielding when driving out of alleys or side streets onto main roads or vice versa;

r) Towing vehicles without proper warning signs or with total weight less than the trailer's weight when the braking system does not meet safety standards;

4. A fine of VND 140,000 to VND 300,000 for any of the following acts:

a) Overtaking on the right side of another vehicle without permission;

b) Overtaking at places where overtaking is prohibited;

c) Failing to yield the right-of-way to vehicles requesting to overtake when safety conditions are met; failing to yield the right-of-way to vehicles traveling on priority roads or main roads from any direction at intersections;

d) Allowing more passengers than the prescribed number to sit in the driver's cabin;

đ) Failing to use sufficient lighting equipment at night;

5. A fine of from 300,000 VND to 500,000 VND for any of the following violations:

a) Failing to yield the right-of-way or obstructing emergency vehicles;

b) Failing to comply with regulations when entering or exiting expressways; failing to comply with maximum speed limits, minimum speed limits while driving on expressways; stopping or parking on the lanes for moving vehicles on expressways; turning around or reversing on expressways; changing lanes without permission or without signaling in advance while driving on expressways;

c) Driving in tunnels without using sufficient lighting equipment; reversing or turning around in tunnels; stopping or parking in tunnels not in designated areas;

d) Carrying persons on towed vehicles, except the driver;

đ) Towing two or more automobiles; pushing another vehicle; towing a primitive vehicle, motorcycle, motorbike, or dragging objects on the road; towing a trailer, semi-trailer towing another trailer or other vehicle;

e) Failing to implement safety measures as required when an automobile breaks down on a section of road intersecting railway tracks;

g) Vehicles not entitled to priority using sirens, flags, lights of emergency vehicles; vehicles entitled to priority using sirens, flags, lights of emergency vehicles not in accordance with regulations;

h) Refusing to comply with requests from traffic controllers to test blood alcohol concentration from alcohol, beer, or other stimulants prohibited by law;

i) Turning around at places where roads intersect railway tracks;

k) Failing to comply with regulations regarding stopping or parking at places where roads intersect railway tracks;

6. A fine of from 500,000 VND to 1,000,000 VND for any of the following violations:

a) Exceeding the prescribed speed limit by up to 20%;

b) Stopping or parking in violation of regulations causing traffic congestion;

c) Stopping or parking, opening car doors without ensuring safety causing accidents but not reaching the level of criminal responsibility;

7. A fine of from 1,000,000 VND to 2,000,000 VND for any of the following violations:

a) Exceeding the prescribed speed limit by more than 20%;

b) Using alcohol, beer, or other stimulants prohibited by law with blood alcohol concentration exceeding the prescribed limit;

c) When a traffic accident occurs, the driver of the involved vehicle does not stop, does not preserve the scene; fleeing and not reporting to the competent authority, not participating in rescuing the injured;

d) Exceeding the prescribed speed limit, overtaking, or changing lanes in violation of regulations causing accidents, but not reaching the level of criminal responsibility;

8. A fine of from 5,000,000 VND to 10,000,000 VND for weaving, swerving, or chasing each other on roads within or outside urban areas;

9. A fine of from 10,000,000 VND to 20,000,000 VND for violating the provisions of Clause 8 of this Article causing accidents or failing to comply with orders to stop issued by law enforcement officers or resisting law enforcement officers but not reaching the level of criminal responsibility;

10. In addition to fines, drivers who violate regulations must also apply supplementary measures and other measures as follows:

a) Seizure of sirens, flags, lights in violation of Point g Clause 5 of this Article; being marked with the number of violations on the driver's license if violating Clause 4, Clause 5, Clause 6 of this Article;

b) Suspension of the right to use the driver's license for ninety days and being marked with the number of violations on the driver's license if violating Clause 7 of this Article;

c) Suspension of the right to use the driver's license for one hundred eighty days and being marked with the number of violations on the driver's license if violating Clause 8 of this Article;

d) Being suspended indefinitely from using the driver's license if violating Clause 9 of this Article.

Article 10. Imposing penalties on motorcycle drivers, passengers on motorcycles and similar vehicles for violating traffic rules on public roads

1. Warning or imposing a fine from VND 10,000 to VND 20,000 on motorcycle drivers and passengers who do not wear helmets where helmets are required.

2. Imposing a fine from VND 20,000 to VND 60,000 on drivers who violate any of the following acts:

a) Not driving on the right side according to their direction of travel; not driving in the correct lane or road section prescribed or driving on the sidewalk;

b) Not complying with traffic signals, signs, or markings, except for violations specified in point b, Clause 3, point c, Clause 4 of this Article, which shall be penalized according to those points and clauses;

c) Not signaling before overtaking; overtaking where it is prohibited; overtaking on the right in cases not permitted;

d) When turning, not yielding to pedestrians at crosswalks or to drivers of simple vehicles traveling in their designated lanes;

đ) Reversing a three-wheeled motorcycle without observing or without prior signal;

e) Not using lights at night or using high beams when meeting other vehicles at night;

g) Parking in the roadway or sidewalk contrary to regulations;

h) Turning around in places where it is prohibited;

i) The driver using an umbrella or mobile phone while driving; passengers using an umbrella;

k) Gathering three or more vehicles in the roadway, on bridges;

l) Stopping or parking on the driving lane outside urban areas where there is a sidewalk; stopping or parking in urban roadways obstructing traffic; stopping or parking where signs prohibit stopping or parking; stopping or parking on tram tracks; stopping or parking on bridges or other improper stopping or parking behaviors; not complying with regulations for stopping or parking at intersections with railway crossings;

m) Entering restricted roads or areas; driving against the flow of one-way streets, except in cases where emergency vehicles are performing urgent tasks as prescribed;

n) Carrying more passengers than allowed, except in cases of transporting patients for emergency care or escorting criminal suspects;

o) Driving in parallel rows of three or more vehicles;

p) Not yielding to overtaking vehicles when safe conditions permit; not yielding to vehicles on priority roads or main roads from any direction at intersections;

q) Not complying with traffic rules or instructions of traffic controllers when crossing ferries, pontoon bridges, or congested areas;

r) Not maintaining a safe distance from the vehicle immediately ahead when driving on expressways as prescribed;

3. Imposing a fine from VND 60,000 to VND 100,000 for any of the following acts:

a) Not complying with the instructions of traffic controllers or traffic supervisors;

b) Changing lanes improperly or without prior signal;

c) Overtaking or avoiding vehicles improperly. Not yielding as required in narrow roads, steep roads, or areas with obstacles;

d) Honking continuously or revving the engine frequently, honking between 10 PM and 5 AM; using high beams in urban areas or densely populated areas, except for emergency vehicles performing urgent tasks as prescribed;

đ) Not reducing speed and yielding when driving from a side street onto a main road or vice versa;

e) The driver or passenger pulling another vehicle or object or pushing another vehicle or object, leading animals, carrying bulky objects; the driver and passenger being pulled or pushed;

4. Imposing a fine from VND 100,000 to VND 200,000 for any of the following acts:

a) Non-priority vehicles using sirens, flags, or lights of priority vehicles; priority vehicles using sirens, flags, or lights of priority vehicles improperly;

b) Not yielding or obstructing priority vehicles;

c) Not complying with regulations when entering or exiting expressways, not adhering to maximum or minimum speed limits on expressways, stopping or parking on the driving lane on expressways; turning around or reversing on expressways; changing lanes improperly or without prior signal while driving on expressways;

d) Driving in tunnels without using lights; stopping or parking in tunnels improperly; turning around in tunnels;

5. Imposing a fine from VND 200,000 to VND 300,000 for any of the following acts:

a) Exceeding the prescribed speed limit by up to 20%;

b) Leading a group of motorcycles that obstructs traffic;

c) Not complying with requests from traffic supervisors to test blood alcohol concentration or other prohibited stimulants;

6. Imposing a fine from VND 300,000 to VND 500,000 for any of the following acts:

a) Exceeding the prescribed speed limit by more than 20%;

b) Using alcohol or beer with blood alcohol concentration exceeding the limit or using other prohibited stimulants;

c) In case of an accident, the driver of the involved vehicle does not stop, does not preserve the scene, flees without reporting to the competent authority, and does not participate in rescuing the injured;

d) Driving to overtake immediately in front of another vehicle or suddenly change direction;

đ) Exceeding the speed limit, overtaking or changing lanes improperly causing accidents, but not reaching the level of criminal responsibility;.

7. Imposing a fine from VND 500,000 to VND 1,000,000 for any of the following acts:

a) Using the footrest or other objects to scrape the ground while the vehicle is moving;

b) Using a motorcycle with a cylinder capacity of 175 cm³ or more contrary to regulations;

8. Imposing a fine from VND 4,000,000 to VND 6,000,000 for any of the following acts:

a) Driving a motorcycle weaving or racing on city or rural roads;

b) Driving a two-wheeled motorcycle on one wheel, or a three-wheeled motorcycle on two wheels;

c) Letting go of both hands while driving; using feet to control the vehicle; sitting sideways while driving; lying on the seat while driving; standing on the vehicle while driving; changing drivers while the vehicle is moving;

d) Driving in groups of two or more vehicles exceeding the speed limit.

9. A fine of from VND 6,000,000 to VND 14,000,000 shall be imposed for violations of Clause 8 of this Article where the violator does not comply with the order to stop issued by a law enforcement officer or resists such officer or causes an accident but does not reach the level of criminal liability.

10. In addition to fines, drivers who violate regulations must also apply supplementary measures and other measures as follows:

a) Seizure of horns, flags, lights when violating Point a of Clause 4 of this Article.

b) The number of violations shall be recorded on the driver's license when violating Clause 4, Clause 5, Clause 6, Clause 7 of this Article; violation of Point a, Point b, Point d of Clause 6 of this Article shall also result in suspension of the right to use the driver's license for sixty (60) days.

c) Suspension of the right to use the driver's license indefinitely and temporary detention of the vehicle for sixty (60) days if violating Clause 8, Clause 9 of this Article; confiscation of the vehicle if the violation is repeated.

Article 11. Sanctions against the operator of a special-purpose motorcycle who violates traffic rules on public roads

1. A fine of from VND 40,000 to VND 60,000 shall be imposed for any of the following acts:

a) Not driving on the right side according to the direction of travel; not driving in the designated lane.

b) Not complying with signals or instructions from traffic lights, signs, or road markings.

c) When turning, not yielding to pedestrians at crosswalks or to drivers of non-motorized vehicles traveling in their designated lanes.

d) Reversing without observing or signaling in advance;

d) Not using headlights at night or high beams when passing another vehicle at night.

e) Parking on the roadway or sidewalk contrary to regulations.

g) Not stopping or parking close to the curb on narrow sidewalks.

2. A fine of from VND 60,000 to VND 100,000 shall be imposed for any of the following acts:

a) Not complying with the instructions of traffic controllers or traffic supervisors;

b) Turning around in a place not permitted.

c) Backing up in areas prohibited from stopping or on one-way streets.

d) Not moving over to the right side according to the direction of travel.

d) Not yielding according to regulations at narrow roads, steep slopes, or places with obstacles when passing another vehicle.

e) Stopping or parking on the driving lane outside urban areas where there is a wide sidewalk; stopping or parking improperly on the road outside urban areas that already have designated parking spaces; parking on a steep slope without wheel chocks; stopping or parking in the middle of an urban street causing traffic obstruction; stopping or parking on tram tracks; stopping or parking on bridges; stopping or parking without prior warning; stopping or parking in prohibited areas.

g) Entering a restricted road or area; driving against the flow of traffic on a one-way street.

h) Not complying with traffic rules or instructions from traffic controllers when crossing a ferry, pontoon bridge, or congested area.

i) Not reducing speed and yielding to priority vehicles when entering or exiting a main road from a side road.

3. A fine of from VND 100,000 to VND 300,000 shall be imposed for failing to yield to or obstructing priority vehicles.

4. A fine of from VND 300,000 to VND 500,000 shall be imposed for any of the following acts:

a) Exceeding the prescribed speed limit.

b) Not implementing safety measures as required when a special-purpose motorcycle breaks down at a railway crossing.

c) Not complying with the request of a traffic controller to check blood alcohol concentration or other prohibited stimulants.

d) Driving in a tunnel without using lights; stopping or parking in a tunnel not in accordance with regulations; backing up or turning around in a tunnel.

d) Not complying with regulations regarding stopping or parking at railway crossings.

5. A fine of from VND 1,000,000 to VND 2,000,000 shall be imposed for any of the following acts:

a) Operating a vehicle while under the influence of alcohol or other prohibited stimulants exceeding the prescribed limit.

b) In case of an accident, the operator of the involved vehicle does not stop, does not preserve the scene, flees without reporting to the competent authority, and does not participate in rescuing the injured.

6. In addition to the fine, the operator of the vehicle violating Clause 5 of this Article shall have their license or certificate to operate a special-purpose motorcycle suspended for sixty (60) days.

Article 12. Imposing penalties on persons driving bicycles, passengers on bicycles, and drivers of other non-motorized vehicles who violate road traffic rules

1. Warning or imposing a fine from VND 10,000 to VND 20,000 for any of the following acts:

a) Not traveling on the right side according to their direction of travel, not traveling in the designated lane;

b) Stopping suddenly, changing direction without prior signal;

c) Not complying with the instructions or guidance of traffic controllers when crossing ferries, pontoon bridges, or during traffic congestion;

d) Not obeying traffic signals, signs, or markings;

đ) Overtaking on the right in cases where it is not permitted;

e) Parking or stopping on the driving lane outside urban areas where there is a sidewalk;

g) Parking in the roadway or sidewalk contrary to regulations;

h) Driving in a tunnel without lights or reflective devices; parking or stopping in a tunnel in violation of regulations; turning around in a tunnel;

i) Bicycles riding abreast in three or more vehicles, other non-motorized vehicles riding abreast in two or more vehicles;

k) Drivers of bicycles using umbrellas or mobile phones, passengers on bicycles carrying bulky objects or using umbrellas;

l) Non-motorized vehicles driving at night without lights or reflective devices;

m) Bicycles or pedicabs carrying more people than allowed, except in cases of emergency medical transport;

n) Cargo loaded on vehicles not secured safely, obstructing traffic; obstructing the view of the driver;

2. Imposing a fine from VND 20,000 to VND 40,000 for any of the following acts:

a) Not complying with the instructions of traffic controllers or traffic supervisors;

b) Parking in the middle of urban streets obstructing traffic, parking on tram tracks, parking on bridges obstructing traffic;

c) Not complying with regulations regarding stopping or parking at intersections with railway crossings;

d) Entering prohibited roads or areas; driving against the flow of one-way streets;

đ) Not yielding to motor vehicles attempting to overtake, obstructing priority vehicles;

e) Drivers or passengers pulling, pushing other vehicles or objects; carrying or transporting bulky objects;

g) Using carts as mobile stalls on roads contrary to regulations, obstructing traffic;

h) Not yielding to vehicles on priority roads or main roads from any direction at intersections.

3. Imposing a fine from VND 40,000 to VND 80,000 for any of the following acts:

a) Operating a bicycle with both hands off, swerving suddenly in front of a moving motor vehicle; operating a bicycle with feet;

b) Causing an accident and not stopping, not preserving the scene;

c) Operating a vehicle without registration or license plate if local regulations require registration and license plates;

4. Imposing a fine from VND 100,000 to VND 200,000 for any of the following acts:

a) Operating bicycles or other non-motorized vehicles weaving, racing each other on the road;

b) Riding a bicycle on one wheel, riding a three-wheeled vehicle on two wheels.

Article 13. Imposing penalties on pedestrians violating road traffic rules

1. Warning or imposing a fine from VND 10,000 to VND 20,000 for any of the following acts:

a) Not traveling in the designated lane;

b) Not obeying traffic signals, signs, or markings;

2. Imposing a fine from VND 20,000 to VND 40,000 for any of the following acts:

a) Not complying with the instructions of traffic controllers or traffic supervisors;

b) Carrying bulky objects obstructing traffic;

c) Climbing over median strips while crossing the road;

d) Hanging onto or clinging to moving vehicles.

Article 14. Imposing penalties on individuals controlling, leading animals, or operating animal-drawn vehicles violating traffic rules on roads

1. Warning or imposing a fine from VND 10,000 to VND 20,000 for any of the following acts:

a) Not adhering to designated lanes, entering prohibited roads or areas, failing to yield right-of-way as required, not signaling with hand when changing direction;

b) Not complying with signals or instructions from traffic lights, signs, or road markings.

c) Not complying with instructions from traffic controllers or traffic supervisors;

d) Allowing animals to walk in the middle of the road, allowing animals to cross the road without ensuring safety, leading animals while driving or sitting on a motor vehicle;

đ) Not having sufficient equipment to contain animal waste or not cleaning up animal waste discharged onto the road or sidewalk.

2. Imposing a fine from VND 20,000 to VND 40,000 for any of the following acts:

a) Operating, leading animals into the lane for motor vehicles;

b) Releasing animals freely on the road;

c) Forming a row of two or more vehicles side by side;

d) Leaving animal-drawn vehicles unattended;

đ) Not providing signals as prescribed;

3. Imposing a fine from VND 40,000 to VND 80,000 for any of the following acts:

a) Overloading goods on a vehicle beyond the prescribed limit;

b) Causing noise or loud sounds affecting quietness in residential areas during unloading or loading goods between 10 PM and 5 AM the following day.

Article 15. Imposing penalties on other violations of traffic rules on roads

1. Imposing fines ranging from 20,000 VND to 40,000 VND for any of the following acts:

a) Drying rice, straw, agricultural products, or other items on the road;

b) Dumping garbage or waste on streets in unauthorized locations;

c) Constructing or placing platforms illegally on sidewalks or road surfaces;

d) Occupying sidewalks or roads for markets or selling goods;

đ) Using sidewalks or road surfaces to place signs, sell small items, solicit customers, repair bicycles, construct shelters, or engage in other services that obstruct traffic or spoil the appearance of the street;

e) Gathering large crowds illegally; lying or sitting on the road obstructing traffic;

g) Playing soccer, shuttlecock, badminton, or other sports on the road.

2. Imposing fines ranging from 40,000 VND to 100,000 VND for any of the following acts:

a) Placing materials, waste, or obstacles on the road obstructing traffic;

b) Blocking traffic signs or signal lights.

3. Imposing fines ranging from 100,000 VND to 300,000 VND for any of the following acts:

a) Using roads contrary to regulations for organizing cultural, sports, parade, or festival activities;

b) Erecting greeting gates or other barriers within the area reserved for roads affecting traffic order and safety;

c) Unauthorized opening of manhole covers on roads;

d) Throwing stones, gravel, or any other objects at people or vehicles participating in traffic;

đ) Occupying sidewalks or road surfaces to illegally repair cars, motorcycles, or bicycles, or to park vehicles;

4. A fine of VND 500,000 to VND 1,000,000 shall be imposed on the person for one of the following acts:

a) Posting advertisements on road land or within the road safety zone affecting traffic order and safety;

b) Spreading nails or sharp objects; stringing ropes across roads; pouring oil on roads.

5. In addition to fines, individuals or organizations committing violations as stipulated in points a, b, c, d, đ of Clause 1, Clause 2, points b, c, đ of Clause 3, Clause 4 of this Article shall also be required to dismantle illegal structures and restore the original condition altered due to administrative violations.

Chapter III

ADMINISTRATIVE PENALTIES FOR VIOLATIONS OF ROAD TRAFFIC INFRASTRUCTURE REGULATIONS

 

Article 16. Imposing penalties on individuals or organizations violating the use and exploitation within the area reserved for roads

1. Imposing fines ranging from 50,000 VND to 200,000 VND for any of the following acts:

a) Temporarily using or exploiting the road safety zone for agricultural purposes affecting the safety of infrastructure and traffic;

b) Planting trees within the road area or road safety zone obstructing the view of drivers.

2. Fine from VND 500,000 to VND 1,000,000 for one of the following acts:

a) Illegally constructing a branch road connecting to the main road;

b) Illegally setting up tents or stalls within the area reserved for roads.

3. Imposing fines ranging from 1,000,000 VND to 2,000,000 VND for illegally constructing temporary buildings or other temporary structures within the area reserved for roads.

4. Imposing fines ranging from 3,000,000 VND to 5,000,000 VND for illegally constructing permanent buildings or other permanent structures within the area reserved for roads.

5. In addition to fines, individuals or organizations committing violations as stipulated in Clauses 1, 2, 3, 4 of this Article shall also be required to dismantle constructed buildings, relocate illegally planted trees, and restore the original condition altered due to administrative violations.

Article 17. Imposing administrative penalties on individuals and organizations for violations related to construction and maintenance of road works while the road is in operation

1. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed for any of the following acts:

a) Conducting construction work on a road that is in operation without a permit or with a permit but failing to notify in writing the direct road management agency before commencing construction;

b) Conducting construction on a road without adequately setting up warning signs, mobile markers, barriers as prescribed; failing to place red lights at both ends of the construction site during nighttime; failing to implement measures to ensure smooth traffic flow;

c) Failing to arrange personnel to guide and control traffic when conducting construction in narrow sections or at both ends of bridges, culverts, and underground roads under construction;

d) Leaving materials, soil, and construction equipment outside the construction area, obstructing traffic;

đ) Conducting urban road construction work not in accordance with the approved plan or time frame;

e) Failing to immediately remove warning signs, barriers, construction equipment, and other materials, or failing to restore the road to its original condition upon completion of construction.

2. Imposing a fine of from VND 3,000,000 to VND 5,000,000 for conducting construction work on a road that is in operation without fully implementing safety measures as prescribed, resulting in accidents but not reaching the level of criminal prosecution.

3. In addition to being fined, individuals and organizations violating the provisions of points a, b, c, and d of Clause 1 of this Article shall be required to immediately implement safety measures as prescribed and restore the initial state altered due to administrative violations. If implementation is not possible, they will be ordered to halt construction.

Article 18. Imposing administrative penalties on individuals and organizations for violations related to the construction of bus stations, parking lots, and parking areas

1. Imposing a fine of from VND 1,000,000 to VND 2,000,000 for constructing bus stations or parking lots not in accordance with the approved design scale.

2. Imposing a fine of from VND 3,000,000 to VND 5,000,000 for constructing or establishing bus stations or parking lots not in accordance with the approved planning.

3. In addition to being fined, individuals violating the provisions of Clauses 1 and 2 of this Article shall also be required to dismantle illegal constructions and restore the initial state altered due to administrative violations.

Article 19. Imposing administrative penalties on individuals and organizations for violations related to protecting the infrastructure of road traffic

1. Warning or imposing a fine from VND 10,000 to VND 20,000 for any of the following acts:

a) Herding animals on the road surface; tying animals to roadside trees or to traffic signs, barriers, auxiliary structures of road traffic;

b) Climbing or scaling piers, columns, or beams of bridges without authorization.

2. Imposing a fine of from VND 20,000 to VND 60,000 for the act of building embankments or diverting water across the surface of a traffic road.

3. Imposing a fine of from VND 100,000 to VND 200,000 for any of the following acts:

a) Damaging or rendering ineffective the drainage system of road works;

b) Unauthorized removal, relocation, or alteration of traffic signs, signal lights, barriers, markers, mileposts, road markings, boundary markers, components, or accessories of road works without reaching the level of criminal prosecution.

4. Imposing a fine of from VND 200,000 to VND 300,000 for the unauthorized act of lighting fires on bridges or under bridge decks; anchoring vessels within the safe clearance zone of a road.

5. Imposing a fine of from VND 500,000 to VND 1,000,000 for delaying the relocation of structures, houses, stalls, or intentionally delaying the relocation process, thereby hindering land clearance for the construction, renovation, expansion, and protection of road works upon decision by competent state agencies.

6. Imposing a fine of from VND 2,000,000 to VND 5,000,000 for any of the following acts:

a) Unauthorized drilling, digging, or cutting of roads;

b) Unauthorized destruction of median strips without reaching the level of criminal prosecution;

c) Unauthorized blasting or extraction of sand, gravel, or pebbles affecting road works.

7. In addition to being fined, individuals violating the provisions of Clause 2, Clause 3, Clause 4, and points a and b of Clause 6 of this Article shall also be required to restore the initial state altered due to administrative violations.

Chapter IV

ADMINISTRATIVE PENALTIES FOR VIOLATIONS OF PROVISIONS ON TRAFFIC PARTICIPATION MEANS ON ROADS

 

Article 20. Imposing penalties on drivers of motor vehicles and similar vehicles for violations concerning the conditions of the means of transport when participating in traffic.

1. A fine of VND 50,000 to VND 100,000 shall be imposed for driving a motor vehicle without a windscreen; or where the windscreen, door windows are not safety glass.

2. A fine of VND 100,000 to VND 200,000 shall be imposed on drivers of motor vehicles who violate any of the following acts:

a) Not having sufficient lighting lamps, license plate lights, brake signal lamps, signal lamps, wipers, rearview mirrors, speedometers, or having those items but they are not functional or adding additional lighting lamps at the rear of the vehicle;

b) Not having a horn or having one that does not meet the standard sound level;

c) Not having a muffler or having one that does not meet technical standards;

d) Not having all license plates installed or not marking the numbers according to regulations, installing license plates in incorrect positions; license plates being blurred, bent, covered, or damaged;

đ) Installing tinted glass or applying opaque film arbitrarily.

3. A fine of VND 500,000 to VND 1,000,000 shall be imposed on drivers of motor vehicles who violate any of the following acts:

a) Not having a braking system or having one that does not meet safety technical standards;

b) The steering system not meeting safety technical standards;

c) Using tires that do not match the size or do not meet technical standards.

4. A fine of VND 1,000,000 to VND 2,000,000 shall be imposed on drivers of motor vehicles who violate any of the following acts:

a) Not having a vehicle registration certificate as prescribed;

b) Using a vehicle registration certificate with incorrect frame number or engine number; or a registration certificate not issued by an authorized agency;

c) License plates not issued by an authorized agency; license plates not matching the registration certificate;

d) Not transferring ownership of the vehicle as prescribed;

đ) Not having a certificate or sticker of technical safety inspection and environmental protection or having one that has expired or not issued by an authorized agency (including trailers and semi-trailers);

e) Altering or tampering with the vehicle registration certificate, registration file, certificate or sticker of technical safety inspection and environmental protection or other documents related to the vehicle but not reaching the level of criminal prosecution.

5. A fine of from VND 3,000,000 to VND 5,000,000 for any of the following acts:

a) Operating a right-hand drive vehicle without permission; temporary operation permit exceeding the permitted scope and duration;

b) Driving a vehicle beyond its service life;

c) Arbitrarily altering the frame number or engine number but not reaching the level of criminal prosecution;

d) Arbitrarily changing the chassis assembly, engine assembly; arbitrarily modifying the structure, shape, size, color of the vehicle not in accordance with the manufacturer's design or approved modification design; arbitrarily changing the usage function of the vehicle.

6. A fine of VND 100,000 to VND 200,000 shall be imposed on drivers of vehicles with structures similar to motor vehicles and tractors who violate any of the following acts:

a) Not having sufficient lighting lamps or having them but they are not functional;

b) Not having a horn or having one that does not meet the standard sound level;

c) Not having a muffler or having one that does not meet technical standards.

7. A fine of VND 500,000 to VND 1,000,000 shall be imposed on drivers of vehicles with structures similar to motor vehicles and tractors who violate any of the following acts:

a) Not having a braking system or having one that does not meet safety technical standards;

b) The steering system not meeting safety technical standards.

8. A fine of VND 1,000,000 to VND 2,000,000 shall be imposed on drivers of vehicles with structures similar to motor vehicles and tractors who violate any of the following acts:

a) Not having a registration certificate as prescribed, not having license plates or license plates not matching the registration certificate (if required to register and install license plates);

b) Not having a certificate or sticker of technical safety inspection and environmental protection (if required to undergo inspection).

9. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed on drivers of self-produced or assembled vehicles.

10. In addition to fines, drivers of motor vehicles and similar vehicles who violate this provision must also apply supplementary measures and other measures as follows: for violations under Clause 2 of this Article, they must install or restore the original condition that was altered due to administrative violations; for violations under point b, Clause 4 of this Article, their vehicle registration certificates will be revoked; for violations under point c, Clause 4 of this Article, license plates will be confiscated; for violations under Clause 5 of this Article, their driver’s licenses will be suspended for ninety days; the number of violations will be marked on the driver’s license if there are violations under Clause 3, Clause 4, Clause 5, Clause 6, Clause 7, and Clause 8 of this Article; for violations under Clause 9 of this Article, the vehicle will be confiscated and the driver’s license will be revoked indefinitely (if the violator has one).

Article 21. Imposing penalties on motorcycle drivers, motorbike drivers, and drivers of similar vehicles for violations concerning the conditions of the vehicle when participating in traffic.

1. A fine of VND 20,000 to VND 50,000 shall be imposed for any of the following acts:

a) Not having a horn, near light, far light, license plate light, brake light, signal light, rearview mirror, or having those items but they are not functional;

b) Not having a license plate installed; installing a license plate not in accordance with regulations; license plates being blurred, bent, covered, or damaged.

2. A fine of VND 50,000 to VND 100,000 shall be imposed for any of the following acts:

a) Not having a braking system or having one that does not meet technical standards;

b) Not transferring ownership of the vehicle in accordance with regulations;

c) Arbitrarily changing the brand name of the vehicle.

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

a) Using a car horn or a horn exceeding the prescribed volume;

b) Not having a muffler or having one that does not meet technical standards.

4. A fine of VND 200,000 to VND 500,000 shall be imposed for any of the following acts:

a) Not having a vehicle registration certificate as prescribed;

b) Using a registration certificate that has been erased; using a registration certificate that does not match the frame number or engine number of the vehicle or is not issued by an authorized agency;

c) Installing a license plate that does not correspond to the numbers or symbols in the registration certificate; license plates not issued by an authorized agency.

5. A fine of VND 500,000 to VND 1,000,000 shall be imposed for any of the following acts:

a) Arbitrarily altering the frame number or engine number;

b) Erasing, modifying, or forging the registration certificate;

c) Arbitrarily altering the frame, engine, shape, size, or paint color of the vehicle;

d) Operating a vehicle registered temporarily beyond the permitted range or duration;

đ) Driving a self-produced or self-assembled vehicle.

6. In addition to the fines, motorcycle drivers, motorbike drivers, and drivers of similar vehicles who violate Clause 3, Clause 4, and Clause 5 of this Article shall also be required to apply supplementary measures and other measures as follows: Violating Point a Clause 3 of this Article shall result in confiscation of the horn; violating Point b Clause 4 of this Article shall result in confiscation of the registration certificate; violating Point c Clause 4 of this Article shall result in confiscation of the license plate; violating Points a, c, and d Clause 5 of this Article shall result in suspension of the driving license for thirty (30) days; violating Point c Clause 2 and Point c Clause 5 of this Article shall be required to restore the original condition before the administrative violation occurred; violating Point đ Clause 5 of this Article shall result in confiscation of the vehicle and suspension of the driving license indefinitely (if the violator has one); violating Clause 3, Clause 4, and Clause 5 of this Article shall have the number of violations marked on the driving license.

Article 22. Imposing penalties on drivers of simple vehicles for violations concerning the conditions of the vehicle when participating in traffic.

1. A fine of VND 10,000 to VND 20,000 shall be imposed for the act of not registering or not installing a license plate (if local regulations require registration and installation of license plates).

2. A fine of VND 10,000 to VND 30,000 shall be imposed for any of the following acts:

a) Not having a braking system or having one that is not functional;

b) Simple vehicles carrying passengers or goods not meeting the convenience and hygiene standards set by local regulations.

Article 23. Imposing penalties on drivers of specialized motorcycles for violations concerning the conditions of the vehicle when participating in traffic.

1. A fine of VND 50,000 to VND 100,000 shall be imposed for the act of not having lights; not having a muffler according to design.

2. Imposing a fine of VND 100,000 to VND 300,000 for any of the following acts:

a) Not having a registration; not having a license plate installed in the designated position; having a license plate not issued by an authorized agency;

b) The braking system or steering system not meeting technical standards;

c) Specialized parts not installed in the correct position; not securely fastened during movement;

d) Operating outside the designated scope;

đ) Not having a safety and environmental protection technical inspection certificate or having one that has expired.

3. A fine of VND 500,000 to VND 1,000,000 shall be imposed for the act of driving a specialized motorcycle that is self-produced, self-assembled, or modified.

4. In addition to the fines, violators of Clause 3 of this Article shall be required to cease operations.

Article 24. Imposing Administrative Penalties on Drivers of Motor Vehicles Violating Environmental Protection Regulations When Participating in Traffic

1. A fine of from VND 50,000 to VND 100,000 shall be imposed for driving a dirty vehicle into a city or town.

2. A fine of from VND 100,000 to VND 200,000 shall be imposed for emitting smoke beyond the limit and foul odors into the air.

3. A fine of from VND 200,000 to VND 300,000 shall be imposed for discharging lubricating oil and harmful chemicals onto the road.

4. In addition to being fined, violators under Clause 1 and Clause 3 of this Article shall also be required to remedy the consequences caused by their administrative violations.

Chapter V

ADMINISTRATIVE PENALTIES FOR VIOLATIONS

REGULATIONS ON DRIVERS OF VEHICLES

PARTICIPATING IN ROAD TRAFFIC

 

Article 25. Imposing penalties on violations of regulations concerning the conditions for drivers of motor vehicles

1. Warning shall be given to persons aged 14 years old or older but under 16 years old who drive motorcycles or motorbikes.

2. Warning or a fine of from VND 20,000 to VND 50,000 shall be imposed for any of the following acts:

a) Persons aged 16 years old or older but under 18 years old who drive motorbikes with engine displacement of 50 cm³ /second or more;

b) Persons who drive motorbikes or motorcycles without carrying the vehicle registration certificate; without carrying the valid certificate of compulsory civil liability insurance for the owner of the motor vehicle;

c) Persons who drive motorbikes without carrying the driver's license.

3. A fine of from VND 50,000 to VND 100,000 shall be imposed on persons who drive motorbikes violating any of the following acts:

a) Not having a driver's license;

b) Using a driver's license not issued by an authorized agency; a driver's license that has been erased or altered;

c) Not having a valid certificate of compulsory civil liability insurance for the owner of the motor vehicle.

4. A fine of from VND 100,000 to VND 200,000 shall be imposed on persons who drive automobiles without carrying the vehicle registration certificate, driver's license, technical safety inspection and environmental protection certificate; without carrying the valid certificate of compulsory civil liability insurance for the owner of the motor vehicle.

5. Warning shall be given to persons aged 14 years old or older but under 16 years old who drive automobiles, tractors, and similar types of vehicles.

6. A fine of from VND 200,000 to VND 300,000 shall be imposed on persons aged 16 years old or older but under 18 years old who drive automobiles, tractors, and similar types of vehicles.

7. A fine of from VND 300,000 to VND 500,000 shall be imposed for any of the following acts:

a) Persons aged 18 years old or older but under 21 years old who drive automobiles, tractors with a gross weight of 3,500 kg or more; passenger taxis; automobiles carrying passengers with 10 seats or more;

b) Persons aged 18 years old or older but under 25 years old who drive automobiles carrying passengers over 30 seats;

c) Persons aged over 55 years old for males or over 50 years old for females who drive automobiles carrying passengers over 30 seats;

d) Persons who drive automobiles with a driver's license but it has expired; have a driver's license but it does not match the type of vehicle being driven; do not have a valid certificate of compulsory civil liability insurance for the owner of the motor vehicle..

8. A fine of from VND 1,000,000 to VND 2,000,000 shall be imposed on persons who drive automobiles violating any of the following acts:

a) Not having a driver's license;

b) The driver's license not issued by an authorized agency; the driver's license that has been erased or altered.

9. In addition to being fined, violators under Clause 1, Point a Clause 2, Clause 5, Points a, b, c Clause 7, and violators under Point a Clause 3 of this Article shall be subject to supplementary measures and other measures as follows: violators under Point a, Point b, Point c Clause 7 of this Article shall have their driver's license suspended for 30 (thirty) days; violators under Point b Clause 3 of this Article shall have their driver's license confiscated and their vehicle detained for 15 (fifteen) days; violators under Points a, b, c Clause 7 of this Article shall have their driver's license revoked for 30 (thirty) days; violators under Clause 4, Clause 7 of this Article shall have the number of violations marked on their driver's license; violators under Clause 8 of this Article shall have their vehicle detained for 30 (thirty) days and their driver's license confiscated (if applicable).

Article 26. Imposing penalties for violations concerning the conditions of motor vehicle operators

1. A fine of from 100,000 dong to 200,000 dong shall be imposed on motor vehicle operators who do not meet the required age or profession as prescribed.

2. A fine of from 200,000 dong to 300,000 dong shall be imposed on motor vehicle operators who do not have a driving license or certificate of traffic law training.

Article 27. Imposing penalties for violations concerning driver training and examination

1. A fine of from 200,000 dong to 400,000 dong shall be imposed on practical instructors who commit any of the following violations:

a) Allowing learners without a learner's permit to drive a practice vehicle;

b) Carrying passengers or goods on a practice vehicle contrary to regulations;

c) Running outside the route or time specified in the learner's permit.

2. A fine of from 500,000 dong to 1,000,000 dong shall be imposed on training institutions that commit any of the following violations:

a) Not arranging practical instructors to sit beside learners;

b) Vehicles not displaying the "Practice Driving" sign as prescribed;

c) Practice vehicles not equipped with additional braking devices.

3. A fine of from 3,000,000 dong to 5,000,000 dong shall be imposed on driving schools or examination centers that commit any of the following violations:

a) Driving schools operating without a permit, lacking the required conditions, or failing to implement the prescribed training content and program;

b) Examination centers lacking the required operational conditions.

4. In addition to fines, driving schools violating point a of Clause 3 and examination centers violating point b of Clause 3 of this Article shall also be ordered to suspend operations and have their permits revoked.

Chapter VI

ADMINISTRATIVE PENALTIES FOR VIOLATIONS

REGULATIONS ON ROAD TRANSPORT

 

Article 28. Imposing penalties on bus drivers

1. A fine of from 20,000 dong to 50,000 dong shall be imposed for the act of not guiding passengers to sit in the designated seats.

2. A fine of from 50,000 dong to 100,000 dong shall be imposed for any of the following violations:

a) Not closing doors while the vehicle is moving;

b) Allowing passengers to sit on the vehicle when it is boarding or disembarking from a ferry or pontoon bridge, or when it is on a ferry, except elderly, sick, or disabled persons;

c) Arranging and securing luggage or goods in a manner that does not ensure safety, causing items to fall off the vehicle onto the road.

3. A fine of from 100,000 dong to 300,000 dong shall be imposed for any of the following violations:

a) Picking up or dropping off passengers at unauthorized locations;

b) Allowing passengers to board or disembark while the vehicle is moving;

c) Picking up or dropping off passengers at places where stopping or parking is prohibited, or at locations with obstructed visibility.

4. A fine of from 300,000 dong to 500,000 dong shall be imposed for any of the following violations:

a) Not adhering to the prescribed route, schedule, or transportation itinerary;

b) Allowing people to sit on the roof or cling to the doors or sides of the vehicle while it is moving;

c) Transferring passengers to another vehicle along the way without their consent;

d) Stopping to unload passengers to evade inspection or control by authorized personnel;

e) Carrying more than one passenger for a four-seat vehicle, more than two passengers for a nine-seat vehicle, more than three passengers for a vehicle with more than nine seats, or more than four passengers for a thirty-seat or larger vehicle;

f) Transporting goods exceeding the design load capacity of the vehicle or its external dimensions; storing goods in the passenger compartment;

g) Transporting goods with foul odors, animals, or goods affecting the health of passengers;

h) Loading goods on the roof of a passenger vehicle causing the vehicle to become unbalanced;

i) Contract passenger transport vehicles not displaying the "Contract Vehicle" sign;

j) Transporting passengers on a fixed route without a logbook.

5. A fine of from 1,000,000 dong to 2,000,000 dong shall be imposed for transporting hazardous, flammable, or explosive goods on passenger vehicles.

6. In addition to fines, violators shall also be subject to supplementary measures and other measures as follows: violators of point e of Clause 4 of this Article shall have their driving licenses suspended for thirty days; violators of Clause 5 of this Article shall have their driving licenses suspended for ninety days; violators of Clauses 4 and 5 of this Article shall have the number of violations marked on their driving licenses.

Article 29. Punishment for drivers of cargo trucks

1. A fine of VND 50,000 to VND 100,000 shall be imposed for carrying loose goods or waste materials that can easily scatter without a cover or tarpaulin, or with a cover or tarpaulin but still allowing scattering.

2. A fine of VND 100,000 to VND 500,000 shall be imposed for transporting goods on a vehicle that requires securing without proper securing; loading goods on the roof of the driver's cabin; loading goods causing the vehicle to become unbalanced.

3. A fine of from VND 500,000 to VND 1,000,000 shall be imposed for one of the following acts:

a) Carrying goods exceeding the designed load capacity or beyond the permitted dimensions of the vehicle;

b) Carrying passengers in the cargo area contrary to regulations.

4. A fine of VND 1,000,000 to VND 2,000,000 shall be imposed for transporting goods illegally but not reaching the level of criminal prosecution.

5. In addition to fines, persons violating the provisions of this Article shall also be subject to supplementary measures and other measures as follows:

a) For violations under Clause 1 of this Article, immediate remediation of the consequences caused by the violation must be carried out;

b) For violations under point b Clause 3, Clause 4 of this Article, the driving license shall be suspended for ninety days; for violations under Clause 2, Clause 3, Clause 4 of this Article, the number of violations shall be marked on the driving license.

Article 30. Punishment for drivers of motor vehicles violating regulations on transporting oversized and overweight goods

1. A fine of VND 1,000,000 to VND 2,000,000 shall be imposed for transporting oversized and overweight goods without complying with the regulations stipulated in the permit; lacking warning signs indicating the size of the goods.

2. A fine of VND 2,000,000 to VND 3,000,000 shall be imposed for transporting oversized and overweight goods without a permit as required.

3. In addition to fines, persons violating the provisions of Clause 1 and Clause 2 of this Article shall have the number of violations marked on their driving license.

Article 31. Punishment for drivers of motor vehicles violating regulations on transporting dangerous goods

1. A fine of VND 1,000,000 to VND 2,000,000 shall be imposed for transporting dangerous goods and stopping or parking in crowded areas, residential zones, important facilities, or places where danger may occur.

2. A fine of VND 2,000,000 to VND 3,000,000 shall be imposed for transporting dangerous goods without a permit or with a permit but not complying with the regulations stipulated therein.

3. In addition to fines, persons violating Clause 1 and Clause 2 of this Article shall have the number of violations marked on their driving license.

Article 32. Punishment for drivers of buses, sanitation vehicles, waste disposal vehicles, and other cargo vehicles violating regulations on urban transportation activities

A fine of VND 50,000 to VND 100,000 shall be imposed on bus drivers who do not follow the designated route or schedule; stop or park at unauthorized locations; compete for passengers; fail to provide tickets to passengers or charge more than the regulated fare; public sanitation vehicle drivers, waste disposal vehicle drivers, and other cargo vehicle drivers who do not follow the designated route or time frame.

Article 33. Punishment for taxi drivers

1. A fine of VND 100,000 to VND 200,000 shall be imposed on taxi drivers who violate any of the following acts:

a) Using a vehicle with more than nine seats including the driver as a taxi;

b) The vehicle does not have a taxi light box or meter as prescribed;

c) The color of the vehicle, business emblem, and contact number displayed on the vehicle do not match the registration;

d) Lack of training certificate as prescribed.

2. A fine of VND 200,000 to VND 300,000 shall be imposed on taxi drivers who compete for passengers.

3. A fine of VND 1,000,000 to VND 2,000,000 shall be imposed on drivers carrying passengers in a taxi-like manner without a taxi business registration.

4. In addition to fines, violators shall also be subject to supplementary measures and other measures as follows: for violations under Clause 3 of this Article, the driving license shall be suspended for thirty days; for violations under Clause 2 and Clause 3 of this Article, the number of violations shall be marked on the driving license.

Chapter VII

PUNISHMENT FOR OTHER RELATED VIOLATIONS

ROAD TRAFFIC

 

Article 34. Penalty for persons producing or selling motor vehicle license plates illegally on public roads

1. A fine of VND 1,000,000 to VND 2,000,000 shall be imposed on the act of selling motor vehicle license plates that are not produced by competent state agencies or not permitted by competent state agencies but have not reached the level of criminal prosecution.

2. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed on the act of producing license plates without permission from competent state agencies.

3. In addition to being fined, persons violating the provisions of Clause 1 and Clause 2 of this Article must have their license plates confiscated and their activities suspended.

Article 35. Penalty for vehicle owners violating regulations on road traffic safety conditions

1. A fine of VND 1,000,000 to VND 2,000,000 shall be imposed on the act of failing to comply with the recovery of vehicle registration certificates; license plates of special purpose vehicles such as cars and motorcycles and similar types of vehicles as prescribed.

2. A fine of VND 2,000,000 to VND 3,000,000 shall be imposed on the act of renting or borrowing parts or accessories of cars when undergoing inspection.

3. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on the act of converting other types of cars into passenger-carrying cars.

Article 36. Penalty for passengers violating regulations on traffic order and safety

1. A fine of VND 50,000 to VND 100,000 shall be imposed on passengers who commit any of the following acts:

a) Failure to comply with the rules for riding on vehicles;

b) Causing disorder on the vehicle;

c) Threatening the lives, health, or infringing upon the property of other passengers but not reaching the level of criminal prosecution;

d) Hanging onto or clinging to the sides of the vehicle; standing, sitting, or lying on the roof of the vehicle; opening the door of the vehicle arbitrarily or engaging in other acts that do not ensure safety while the vehicle is in motion.

2. A fine of VND 100,000 to VND 200,000 shall be imposed on the act of carrying illegal goods on passenger vehicles but not reaching the level of criminal prosecution.

Article 37. Penalty for drivers operating tracked vehicles; vehicles overloaded or exceeding bridge and road limits

1. A fine of VND 100,000 to VND 200,000 shall be imposed on the act of failing to comply with weight checks when requested to do so.

2. A fine of VND 1,000,000 to VND 2,000,000 shall be imposed on the act of transporting goods where the total weight of the vehicle (including the weight of the vehicle itself and the weight of the goods) and axle load after deducting permissible errors exceed the weight limit of the bridge or road by 1 to 2 percent.

3. A fine of VND 3,000,000 to VND 4,000,000 shall be imposed on any of the following acts:

a) Shifting loads or using other methods to avoid detection of overloading or over-dimensioning;

b) Not having a valid permit; permit expired or not traveling on the permitted route or section;

c) Transporting goods where the total weight of the vehicle (including the weight of the vehicle itself and the weight of the goods) and axle load after deducting permissible errors exceed the weight limit of the bridge or road by more than 2 percent;

d) Transporting goods exceeding the dimension limits of the bridge or road specified in the permit.

4. In addition to being fined, drivers or vehicle owners violating the provisions of Clause 2 and Clause 3 of this Article must immediately unload the excess weight, remove the excess dimensions, or cease operation; if damage to bridges or roads results, they must restore them to their original condition prior to the administrative violation; violations of Clause 2 and Clause 3 of this Article will also result in the number of violations being marked on the driver's license.

Article 38. Penalty for illegal racing and inciting illegal racing

1. A fine of from VND 500,000 to VND 1,000,000 shall be imposed on any of the following acts:

a) Gathering to encourage or incite the act of driving a vehicle at a speed exceeding the prescribed limit, weaving, swerving, chasing each other on the road, or engaging in illegal racing;

b) Engaging in illegal bicycle racing, rickshaw racing, animal-drawn vehicle racing, or animal racing.

2. A fine of from VND 1,000,000 to VND 2,000,000 shall be imposed on those who incite or encourage illegal racing and obstruct or oppose public officials in the performance of their duties.

3. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed on those who engage in illegal car, motorcycle, or motorbike racing but not yet reaching the level of criminal prosecution.

4. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed for any of the following acts:

a) Those who engage in car, motorcycle, or motorbike racing and oppose public officials but not yet reaching the level of criminal prosecution;

b) Organizing illegal racing but not yet reaching the level of criminal prosecution.

5. In addition to being fined, persons violating Clause 3, Point a, Clause 4 of this Article shall have their driver's license revoked indefinitely and their vehicle confiscated.

Article 39. Penalty for obstructing or bribing public officials

1. A fine of from VND 500,000 to VND 1,000,000 shall be imposed on any of the following acts:

a) Obstructing the inspection or control activities of public officials;

b) Offering money, property, or other material benefits to public officials to evade administrative violation handling but not yet reaching the level of criminal prosecution.

2. In addition to being fined, persons violating Point b, Clause 1 of this Article shall also have the money, property, or other material benefits confiscated.

Article 40. Penalty for drivers of foreign-registered motor vehicles violating the Transport Agreement between Vietnam Male and foreign countries

1. A fine of from VND 1,000,000 to VND 2,000,000 shall be imposed on drivers of foreign-registered motor vehicles committing any of the following acts:

a) Operating the vehicle within the territory of Vietnam beyond the prescribed period;

b) Operating beyond the permitted scope;

c) Driving without an international driving permit; without an international emblem as prescribed or having but expired;

d) Carrying passengers or goods not in accordance with the Transport Agreement, the signed Protocol, or entering and exiting through unauthorized ports.

2. In addition to being fined, drivers of foreign-registered motor vehicles violating Point a, Point c, and Point d, Clause 1 of this Article shall also be required to re-export the vehicle out of Vietnam; violations under Clause 1 of this Article shall be marked on the driver's license.

Chapter VIII

ADMINISTRATIVE PENALTY AUTHORITY FOR

VIOLATIONS OF ROAD TRAFFIC

 

Article 41. Determination of administrative penalty authority

1. The Chairpersons of People's Committees at all levels shall have the authority to impose penalties on violations of this Decree within the jurisdiction of their localities.

2. Traffic police forces shall have the authority to impose penalties on violations of traffic order and safety on roads and urban traffic order as stipulated in this Decree.

3. Public Order Police Forces and Administrative Management Police Forces shall have the authority to impose penalties on violations of the provisions set forth in the points, clauses, and articles of this Decree as follows:

a) Point e, Clause 2; Point g, Point h, Clause 3; Point k, Clause 5; Point b, Clause 6 of Article 9;

b) Point g, Point l, Clause 2; Point b, Clause 5; Clause 8; Clause 9 of Article 10;

c) Point g, Clause 1; Point e, Point g, Clause 2; Point đ, Clause 4 of Article 11;

d) Point b, Point c, Point d, Point e, Point g, Clause 2 of Article 12;

đ) Point b, Point c, Clause 2 of Article 13;

e) Article 14;

g) Point e, Point g, Clause 1; Point a, Point d, Clause 3 of Article 15;

h) Article 22;

i) Point a, Point b, Point c, Clause 1 of Article 36;

k) Article 38; Article 39.

4. Road Traffic Inspectors shall have the authority to impose penalties on violations committed by persons and vehicles participating in static traffic at the points stipulated in the points, clauses, and articles of this Decree as follows:

a) Point a, Point g, Point h, Point o, Clause 3; Point b, Clause 6 of Article 9;

b) Point g, Point q, Clause 2; Point a, Clause 3 of Article 10;

c) Point e, Point g, Clause 1; Point a, Point e, Point h, Clause 2 of Article 11;

d) Point c, Point e, Point g, Clause 1; Point a, Point b, Clause 2 of Article 12;

đ) Point a, Point b, Point c, Point đ, Clause 1; Point a, Point b, Clause 2; Point a, Point b, Point c, Point đ, Clause 3 of Article 15;

e) Article 16; Article 17; Article 18; Article 19; Point a, Point đ, Clause 4; Point b, Clause 5; Point b, Clause 8 of Article 20; Article 23; Point d, Clause 7; Clause 8 of Article 25; Article 26; Article 27;

g) Clause 1; Point b, Point c, Clause 2; Point a, Point c, Clause 3; Point a, Point i, Point e, Point h, Point k, Clause 4 of Article 28; Clause 1; Point a, Clause 3 of Article 29.

h) Article 30; Article 32; Article 33; Article 37.

Article 42. Competence to impose administrative penalties of the Chairpersons of People's Committees at all levels

1. The Chairperson of the People's Committee at the commune level has the authority:

a) To issue warnings;

b) Impose a fine up to 500,000 VND;

c) To confiscate objects and means used for committing administrative violations with a value up to VND 500,000;

d) Order the restoration of the original state that was changed due to administrative violations or order the demolition of unauthorized construction works.

2. The Chairperson of the People's Committee at the district level has the authority:

a) To issue warnings;

b) To impose fines up to VND 20,000,000;

c) Confiscate the objects and means used to commit administrative violations;

d) Suspend the right to use licenses and certificates within their authority.

đ) Order the restoration of the original state that was changed due to administrative violations or order the demolition of unauthorized construction works.

3. The Chairperson of the People's Committee at the provincial level has the authority:

a) To issue warnings;

b) Impose fines up to thirty million dong;

c) Confiscate the objects and means used to commit administrative violations;

d) Suspend the right to use licenses and certificates within their authority.

đ) Order the restoration of the original state that was changed due to administrative violations or order the demolition of unauthorized construction works.

Article 43. Competence to impose administrative penalties of the people's public security forces

1. Public security officers performing their duties have the right to:

a) To issue warnings;

b) Imposing a fine up to VND 100,000.

2. The team leaders and station chiefs of those specified in Clause 1 of this Article have the right to:

a) To issue warnings;

b) Imposing a fine up to VND 200,000.

3. The heads of public security offices at commune level may apply the forms of administrative violation handling prescribed in Clause 1 of Article 42 of this Decree.

4. The heads of public security offices at district level have the right to:

a) To issue warnings;

b) Impose fines up to 10,000,000 VND;

c) Revoking the right to use licenses, professional certificates within their jurisdiction;

d) Confiscate objects and means used to commit administrative violations;

đ) Order the restoration of the original state that was changed due to administrative violations or order the demolition of unauthorized construction works.

5. The Heads of Traffic Police Departments, Heads of Public Order Police Departments, Heads of Administrative Management Police Departments under Provincial Public Security Departments, Heads of Special Task Units, and Heads of Mobile Police Units at battalion level or higher operating independently have the competence to impose administrative penalties as provided for the heads of public security offices at district, town, city, and provincial-level cities under Clause 4 of this Article.

6. The provincial public security director have the right to:

a) To issue warnings;

b) To impose fines up to VND 20,000,000;

c) Apply supplementary forms of administrative penalties and measures to remedy consequences as prescribed in Clause 4 of this Article.

7. The Directors of the Highway Traffic Police Corps and the Railway Traffic Police Corps, the Directors of the Administrative Management Police Corps on Public Order have the right to:

a) To issue warnings;

b) Impose fines up to thirty million dong;

c) Revoking the right to use licenses, professional certificates within their jurisdiction;

d) Confiscate objects and means used to commit administrative violations;

đ) Apply supplementary forms of administrative penalties and measures to remedy consequences as prescribed in Clause 4 of this Article.

Article 44. Competence to impose administrative penalties of the traffic inspection authorities

1. Traffic inspectors performing their duties have the right to:

a) To issue warnings;

b) To impose a fine up to two hundred thousand dong;

c) To confiscate items or means used for administrative violations valued up to two million dong;

d) Order the restoration of the original state that was changed due to administrative violations or order the demolition of unauthorized construction works.

2. The Chiefs of Provincial-level Traffic Inspection Authorities have the right to:

a) To issue warnings;

b) To impose fines up to VND 20,000,000;

c) Revoking the right to use licenses, professional certificates within their jurisdiction;

d) Confiscate objects and means used to commit administrative violations;

đ) Order the restoration of the original state that was changed due to administrative violations or order the demolition of unauthorized construction works.

3. The Chiefs of Central-level Traffic Inspection Authorities have the right to:

a) To issue warnings;

b) Impose fines up to thirty million dong;

c) Revoking the right to use licenses, professional certificates within their jurisdiction;

d) Confiscate objects and means used to commit administrative violations;

đ) Order the restoration of the original state that was changed due to administrative violations or order the demolition of unauthorized construction works.

Article 45. Collection and Payment of Fines

1. Individuals and organizations violating traffic regulations on highways who are fined must pay the fine according to the provisions of the law.

2. The collection and payment of fines shall comply with the provisions of the Ordinance on Handling Administrative Violations.

Article 46. Procedure and Formalities for Imposing Administrative Penalties

The procedure and formalities for imposing administrative penalties must comply with the provisions of the Ordinance on Handling Administrative Violations.

Article 47. Compliance with Administrative Penalty Decisions

1. Individuals and organizations subject to administrative penalties for traffic violations on highways must comply with the penalty decision within ten days from the date they receive the decision, except where the law provides otherwise.

2. If individuals and organizations subject to administrative penalties fail to voluntarily comply with the penalty decision within the time limit stipulated in Clause 1 of this Article, they will be subject to compulsory enforcement.

Article 48. Compulsory Enforcement of Administrative Penalty Decisions

1. Individuals and organizations subject to administrative penalties who fail to voluntarily comply with the penalty decision will be subject to compulsory enforcement through the following measures:

a) Deducting part of the salary or income, deducting money from a bank account;

b) Seize assets of equivalent value to the fine amount for auction;

c) Other compulsory measures to implement confiscation of evidence, means of transportation used for violations, order the restoration of the original state that was changed due to administrative violations, or order the demolition of unauthorized construction works.

2. Individuals and organizations receiving compulsory enforcement decisions must strictly comply with such decisions.

3. Individuals and organizations subject to compulsory enforcement must bear all costs related to organizing and implementing compulsory measures.

4. The compulsory measures prescribed in points b and c of Clause 1 of this Article must be notified in writing to the Chairman of the People's Committee of the commune where the compulsory enforcement is carried out for coordination in implementation.

5. Functional agencies of the People's Committee are responsible for enforcing compulsory enforcement decisions made by the Chairman of the same-level People's Committee according to the division of labor by the Chairman of the People's Committee.

6. The People's Public Security Forces are responsible for ensuring order and safety during the enforcement of compulsory enforcement decisions made by the Chairman of the same-level People's Committee or compulsory enforcement decisions made by other State agencies when requested by these agencies.

Article 49. Complaints and Reports

1. Individuals or organizations subject to administrative penalties, or their legitimate representatives, have the right to file complaints against decisions on penalties in accordance with the Administrative Violation Handling Ordinance.

2. Citizens have the right to report administrative violations committed by organizations or individuals, and violations by those authorized to impose administrative penalties to competent state agencies.

Chapter IX

IMPLEMENTING PROVISIONS

 

Article 50. Effective Date

This Decree shall take effect fifteen days from the date of publication in the Official Gazette. The Government's Decree No. 39/2001/NĐ-CP dated July 13, 2001, providing for administrative penalties for violations of traffic order and safety on roads and urban traffic order, is hereby repealed. Article 39 and Article 40 of the Government's Decree No. 172/1999/NĐ-CP dated December 7, 1999, detailing the implementation of the Road Traffic Works Protection Ordinance for road traffic works, are hereby repealed.

Article 51. Implementation

The Ministers of Public Security, Transport, and Finance shall organize the implementation of this Decree.

Article 52. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally governed city People's Committees are responsible for implementing this Decree.