Circular No. 38/2024/TT-BGTVT stipulates the speed limits and safe distances for motor vehicles and special-purpose motorcycles participating in road traffic.

CIRCULAR

Regulations on speed limits and safe distances for motor vehicles participating in road traffic

motorcycle专用于参与公路交通

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BASED ON THE ROAD TRAFFIC ORDER AND SAFETY LAW dated June 27, 2024;

Pursuant to the Road Law dated June 27, 2024;

BASED ON THE DECREE NO. 56/2022/ND-CP dated August 24, 2022 of THE GOVERNMENT stipulating the functions, tasks, powers, and organizational structure of THE MINISTRY OF TRANSPORT;

At the proposal of the Director of the Infrastructure Department and the Director of the Vietnam Highway Administration;

The Minister of Transport issues this Circular regulating speed limits and safe distances for motor vehicles participating in road traffic on roads.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the design speed of roads; operational speed and safe distance for motor vehicles participating in road traffic on roads, except for priority vehicles performing tasks as prescribed by law.

Article 2. Applicability

This Circular applies to drivers, operators of special-purpose motorcycles, and organizations and individuals related to the management and implementation of regulations on design speed, operational speed of roads, and safe distance for motor vehicles participating in road traffic on roads.

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

1. Urban residential area road is a section of road located within the urban center of cities, towns, and market towns, and sections with dense populations living along the road, identified by signs indicating "Start of Urban Residential Area" and "End of Urban Residential Area."

2. Dual carriageway is a road divided into separate lanes for opposing directions by a median strip.

3. One-way street is a road designated for travel in one direction only.

4. Two-way street is a road used for both directions of travel on the same lane without a median strip.

5. Payload is the permitted load capacity recorded on the Certificate of Technical Safety and Environmental Protection for Road Motor Vehicles, the Certificate of Quality and Technical Safety and Environmental Protection for Imported Motor Vehicles, or the Certificate of Quality and Technical Safety and Environmental Protection for Car Models Produced and Assembled.

6. Maximum operational speed is the highest permissible speed value for vehicles participating in road traffic that ensures traffic safety and efficient road utilization.

7. Minimum operational speed is the lowest permissible speed value for vehicles participating in road traffic that ensures traffic safety and efficient road utilization.

8. Safe distance is the minimum distance between the rear vehicle and the preceding vehicle in the same lane, ensuring avoidance of collision in case the front vehicle suddenly reduces speed or stops.

9. Travel speed is the speed value of the vehicle at the time of participation in road traffic.

Article 4. Principles for compliance with regulations on operational speed and safe distance when controlling vehicles on roads

1. When participating in road traffic, drivers and operators of special-purpose motorcycles must comply with regulations on operational speed and safe distance as stipulated in Article 12 of the Law on Traffic Order and Safety on Roads.

2. On sections of road where maximum operational speed signs and safe distance signs between two vehicles are not installed, the operator of the vehicle participating in traffic must follow the provisions of Articles 6, 7, 8, and 11 of this Circular.

Chapter II

DESIGN SPEED OF ROADS; OPERATIONAL SPEED OF ROADS, SAFE DISTANCE FOR MOTOR VEHICLES AND SPECIAL-PURPOSE MOTORCYCLES PARTICIPATING IN ROAD TRAFFIC

Article 5. Design speed for roads

1. The design speed for roads is the velocity value used to calculate technical indicators of roads. The design speed for roads is determined during the investment construction, upgrading, and renovation phases to ensure safe movement of vehicles; it is decided based on the technical level of the road and geographical conditions.

2. The design speed for expressways is the velocity value used to calculate technical indicators of expressways, determined according to the expressway grade. When designing expressways, different design speeds may be applied for each section but must ensure requirements regarding transition segment length and intermediate design speed between sections. The design speed for expressways is determined according to the National Technical Regulation on Expressways QCVN 115:2024/BGTVT.

3. The design speed for roads is determined according to the National Standard TCVN 4054: 2005 Road for automobiles - Design requirements.

4. The design speed for roads within urban areas is determined according to the National Technical Regulation on Infrastructure Engineering Systems QCVN 07-4:2023/BXD.

5. The design speed for rural traffic roads is determined according to the National Standard TCVN 10380:2014 Rural traffic roads - Design requirements.

Article 6. Maximum permissible exploitation speed for motor vehicles participating in traffic on roads (excluding expressways)

1. Maximum permissible exploitation speed for motor vehicles participating in traffic on roads in densely populated areas

Table 1

2. Maximum permissible exploitation speed for motor vehicles participating in traffic on roads outside densely populated areas

Table 2

Article 7. Maximum permissible exploitation speed for special-purpose motorcycles, motorbikes, and similar vehicles participating in traffic on roads (excluding expressways)

Special-purpose motorcycles, motorbikes, and similar vehicles when participating in traffic have a maximum permissible exploitation speed of 40 km/h.

Article 8. Maximum permissible exploitation speed for four-wheeled passenger vehicles with engines and four-wheeled cargo vehicles with engines participating in traffic on roads (excluding expressways)

1. Four-wheeled passenger vehicles with engines when participating in traffic within permitted areas and times, have a maximum permissible exploitation speed of 30 km/h.

2. Four-wheeled cargo vehicles with engines when participating in traffic within permitted areas and times, have a maximum permissible exploitation speed of 50 km/h.

Article 9. Maximum permissible exploitation speed, minimum permissible exploitation speed for various types of motor vehicles on expressways

1. Expressways must have signs indicating the maximum permissible exploitation speed and the minimum permissible exploitation speed.

2. The maximum permissible exploitation speed on expressways is 120 km/h.

3. The minimum permissible exploitation speed on expressways is 60 km/h. In cases where the design speed of the expressway is 60 km/h, the minimum permissible exploitation speed shall be implemented according to the traffic organization plan approved by the competent authority.

4. The values of the maximum and minimum permissible exploitation speeds on expressways, including branches leading to and from the expressways, are determined in the traffic organization plan approved by the competent authority.

Article 10. Placement of exploitation speed signs

1. The placement of exploitation speed signs shall be carried out in accordance with the provisions of the law on road traffic signs and must be based on the actual conditions of the section or route, including: road infrastructure, traffic volume, type of vehicle, and time of day.

2. The authority specified in Clause 3 of this Article shall decide to place traffic signs in the following cases:

a) For dual carriageways, separate signs indicating the maximum permissible exploitation speed for each direction of travel shall be placed;

b) Signs indicating the maximum permissible exploitation speed for a specific period during the day (auxiliary signs, electronic signs) shall be placed;

c) Separate signs indicating the maximum permissible exploitation speed for types of vehicles that pose a high risk of traffic accidents shall be placed;

d) Signs indicating the permissible exploitation speed in the case provided for in Clause 4 of this Article shall be placed.

a) The Vietnam Highway Administration and the Vietnam Expressway Administration for expressways managed by the Ministry of Transport;

b) The Vietnam Highway Administration for expressways managed by enterprises assigned by the State, national highways, and other roads under the management of the Ministry of Transport;

c) People's Committees of provinces and centrally-administered cities for expressways, national highways, provincial roads, district roads, commune roads, village roads, urban roads, and specialized roads with public transportation activities within their jurisdiction.

a) Road sections currently in operation within densely populated areas with adverse conditions (one-way roads or two-way roads with a total width of the driving lane less than 3.0 meters and continuous infrastructure works adjacent to the edge of the driving lane, limited visibility).

b) Road sections currently in operation outside densely populated areas belonging to sections classified as Class IV, Class V, and Class VI roads, and sections according to technical standards stipulated in Point d, Clause 2, Article 10 of the Road Law, with adverse conditions and potential risks of traffic accidents (small radius curves, consecutive curves, steep longitudinal slopes, limited visibility).

Article 11. Safe distance between two vehicles when participating in road traffic

1. When controlling a vehicle to participate in road traffic, the driver or the person operating a specialized motor vehicle must maintain a safe distance from the vehicle immediately ahead in the same lane or on the same part of the road and in the same direction as their own vehicle; at locations with a sign indicating "Minimum distance between two vehicles," they must maintain a distance not less than the value indicated on the sign.

2. The safe distance between two vehicles when participating in road traffic

a) In conditions where the road surface is dry, there is no fog or mist, the road surface is not slippery, the terrain is flat, the road is straight, and visibility is assured, the safe distance corresponding to each speed is prescribed as follows:

Table 3

When controlling a vehicle traveling at a speed below 60 km/h, the driver or the person operating a specialized motor vehicle must proactively maintain a safe distance appropriate to the vehicle immediately ahead of their own vehicle; this distance depends on the density of vehicles and actual traffic conditions to ensure road safety.

b) In conditions of rainy weather, fog or mist, a slippery road surface, winding roads, mountain passes, limited visibility, the driver must adjust the safe distance to be greater than the value indicated on the sign or the value prescribed in point a of this clause.

Chapter III

EFFECTIVE DATE

Article 12. Effective Date

1. This Circular takes effect from January 1, 2025, and replaces Circular No. 31/2019/TT-BGTVT dated August 29, 2019, issued by the Minister of Transport regarding the speed and safe distance of motor vehicles and specialized motor vehicles participating in road traffic, replacing Article 15 of Circular No. 06/2023/TT-BGTVT dated May 12, 2023, issued by the Minister of Transport amending and supplementing certain articles of related Circulars concerning the management, operation, use, maintenance, and protection of roads.

2. In cases where the regulatory documents cited in this Circular are amended, supplemented, or replaced, the amended, supplemented, or replacement documents shall apply.