Decree No. 49-CP on the regulation of administrative penalties for violations of traffic order and safety on roads and urban traffic order.

DECREE

Regarding the regulation on administrative penalties for violations of traffic order and safety

Implementing Decree No. 36/CP dated May 29, 1995 of the Government on ensuring road traffic order and safety and urban traffic order and safety, and the regulations on road traffic order and safety and urban traffic order and safety issued together with Decree No. 36/CP dated May 29, 1995 of the Government; the Ministry of Finance has issued Circular No. 77 TC/TCT dated November 29, 1996 to guide the collection, payment, and state management for ensuring road traffic order and safety and urban traffic order and safety.

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THE GOVERNMENT

Pursuant to the Law on the Organization of the Government dated September 30, 1992;

Pursuant to the Ordinance on the Protection of Transport Works dated December 1, 1994;

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

Pursuant to the Administrative Offense Handling Ordinance dated July 6, 1995;

Pursuant to the Traffic Order and Safety Regulations for Roadways and Urban Traffic Order and Safety Regulations issued together with Decree No. 36/CP of the Government dated May 29, 1995;

At the proposal of the Minister of Interior, the Minister of Transport, and the Minister of Justice;

DECREE:

Chapter 1:

GENERAL PROVISIONS

Article 1. 1. Administrative penalties must be imposed by those authorized under Article 35 of this Decree in accordance with the provisions of the law.

1. Administrative penalties for violations of traffic order and safety on roadways and urban traffic order and safety shall be carried out by people's committees at all levels, the people's police, and traffic inspectors in accordance with the provisions of the law.

2. Individuals and organizations committing violations of traffic order and safety on roadways and urban traffic order and safety shall be subject to administrative penalties as provided for in this Decree.

3. All violations of traffic order and safety on roadways and urban traffic order and safety must be detected promptly; they must be stopped immediately. The imposition of penalties must be conducted swiftly and fairly; all consequences caused by such administrative violations must be remedied in accordance with the law; organizations and individuals causing material damage through administrative violations must bear responsibility for compensation in accordance with the law.

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

If a person commits multiple administrative violations, they shall be penalized for each individual violation. The authority responsible for imposing penalties shall determine the form of penalty for each violation; if the penalties are fines, they may be combined into a total fine.

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

5. The imposition of administrative penalties must be based on the nature, degree of violation, personal circumstances, and mitigating or aggravating circumstances to decide on the form of penalty and appropriate measures in accordance with the provisions of this Decree.

6. Administrative penalties shall not be imposed in cases involving emergency situations, justifiable self-defense, unexpected events, or administrative violations committed while suffering from mental illness or other diseases that impair cognitive function or control over behavior.

Article 2. The amount of fines when imposing administrative penalties with mitigating or aggravating circumstances:

1. When imposing administrative penalties with mitigating circumstances, the fine amount may be reduced but shall not be reduced by more than half of the fine amount prescribed for the violation in this Decree.

2. When imposing administrative penalties with aggravating circumstances, the fine amount may be increased but shall not exceed twice the fine amount prescribed for the violation in this Decree.

3. Mitigating and aggravating circumstances shall be applied in accordance with the Ordinance on Handling Administrative Violations.

Article 3:

Handling violations by those authorized to impose administrative penalties:

1. Those authorized to impose administrative penalties must impose penalties accurately on the violator, according to the violation, within their authority, and in accordance with the law, and immediately report to relevant agencies to implement necessary measures to ensure traffic order and safety and protect transport works.

2. Those authorized to impose administrative penalties who harass, tolerate, cover up, fail to impose penalties, or impose penalties untimely or beyond their authority shall be subject to disciplinary action or criminal liability depending on the nature and degree of the violation; if they cause material damage, they must compensate in accordance with the law.

Chapter 2:

FORMS OF ADMINISTRATIVE PENALTIES FOR VIOLATIONS OF TRAFFIC ORDER AND SAFETY ON ROADWAYS AND URBAN TRAFFIC ORDER AND SAFETY

Article 4. Imposing penalties on acts that infringe upon road transport works affecting traffic order and safety on roadways and urban traffic order and safety.

1. A fine of 100,000 VND shall be imposed on any of the following acts:

a. Planting trees within the protected area of the road obstructing the view of vehicle drivers.

b. Drying straw, agricultural products, food, and other items on the roadway.

c. Engaging in production, business, or service activities without permission in areas near ferry terminals, bus stations, or waiting rooms.

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

a. Erecting greeting gates, placing, or hanging advertising signs or other obstructions within the protected area of transport works affecting traffic order and safety.

b. Leaving construction materials or any other objects on the roadway obstructing traffic order and safety.

3. A fine of 1,000,000 VND shall be imposed for the act of arbitrarily moving boundary markers of the roadway.

4. A fine of 2,000,000 VND shall be imposed for the act of stealing, dismantling, or damaging components affecting traffic safety.

In addition to being fined, individuals and organizations committing the acts stipulated in this Article shall also be required to immediately:

a. For violating point a, Clause 1, they must uproot the planted trees.

b. For violating point a, Clause 2, they must dismantle unauthorized constructions.

c. For violating point b, Clause 1, and point b, Clause 2, they must remove straw, agricultural products, food, construction materials, or other objects left on the roadway.

d. For violating Clause 3 and Clause 4, they must restore the original state altered by the violation.

Article 5. Imposing penalties on individuals and organizations violating regulations on construction, maintenance, repair, and management of road transport works.

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

a. Conducting construction, maintenance, or repair activities within the protected area of transport works or directly related to transport works without a permit from the traffic management agency or with a permit but failing to notify the direct management agency in writing before commencing work.

b. Failing to restore the original condition of the transport work and failing to notify the direct management agency in writing after completing the work.

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

a. Failure to install or insufficient installation of traffic signs and mobile markers as prescribed; failure to set up barriers and red lights at both ends of the road that must be closed to traffic at night.

b. Failure to take timely measures and provide traffic guidance, prevent accidents when discovering damage to road construction works posing a threat to traffic safety.

c. Failure to arrange personnel for traffic guidance and control when construction is carried out on narrow roads where work and vehicle passage must occur simultaneously; or at both ends of bridges, culverts, and tunnels under construction.

d. Failure to immediately remove traffic signs, barriers, equipment, and other materials upon completion of construction.

đ. Leaving construction materials, soil, rocks, machinery outside the construction area, obstructing traffic.

3. A fine of 2,000,000 VND shall be imposed on the agency directly managing the transportation works when it commits any of the following acts:

a. Failure to implement measures to ensure traffic safety on mountain passes, steep slopes, and dangerous sections of the road.

b. Failure to organize traffic guidance and closure of traffic according to regulations during the rainy season, floods, typhoons, or other incidents affecting traffic safety.

c. Using specialized equipment that does not meet safety standards for construction.

4. In addition to the fine, individuals and organizations committing violations as stipulated in this Article must immediately implement measures to ensure traffic safety as prescribed.

Depending on the severity of the violation, the person responsible for state construction units and the agency directly managing transportation works may also be subject to disciplinary action; if serious consequences result, criminal responsibility may be pursued.

Article 6. Imposing penalties on individuals and organizations violating the protection of road transportation infrastructure, causing disruption to traffic order and safety.

1. A fine of 100,000 VND shall be imposed on any of the following acts:

a. Damaging the embankment or diverting water over the surface of the road.

b. Installing various pipes on the surface of the road.

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

a. Unauthorized drilling, digging, or cutting of roads.

b. Failure to restore temporarily permitted drilled, dug, or cut sections of the road after completion of the project.

c. Causing damage or loss of function to the drainage system of the transportation works.

d. Unauthorized opening of crossroads through highways or roads with median strips.

3. In addition to the fine, individuals and organizations committing violations as prescribed in this Article must also be compelled to:

a. If they violate clause b, paragraph 1, they must immediately dismantle unauthorized pipes.

b. If they violate point a, paragraph 1, and paragraph 2, they must immediately restore the original condition altered by the violation.

Article 7. Imposing penalties on individuals and organizations violating urban sidewalk and road management order:

1. Warning or a fine of 20,000 VND shall be imposed for any of the following acts: playing soccer, shuttlecock, badminton, or other activities on the road or sidewalk, disrupting traffic order and safety.

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

a. Occupying sidewalks or roads for market trading or displaying goods.

b. Constructing awnings on sidewalks or urban roads, obstructing traffic or detracting from the city's aesthetics.

c. Occupying sidewalks or roadways to place signage, advertisements; selling small items, repairing bicycles, or conducting other small services in unauthorized areas.

d. Parking vehicles on sidewalks or roadways contrary to regulations.

đ. Unauthorized construction of ramps connecting the roadway to the sidewalk and from the sidewalk to buildings.

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

a. Illegally occupying sidewalks to park bicycles, motorcycles, or cars.

b. Placing construction materials and other types of materials on sidewalks or urban roadways.

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

a. Occupying sidewalks or roadways to sell construction materials, serve as production sites, repair or wash motor vehicles, set up stalls, operate businesses.

b. Occupying sidewalks or roadways to construct unauthorized structures.

5. In addition to the fine, individuals and organizations committing violations as prescribed in points b, c, đ of paragraph 2 and paragraph 4 of this Article must immediately dismantle unauthorized structures and restore the original condition altered by the violation.

Article 8. Imposing penalties on cyclists violating traffic order and safety regulations.

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

a. Riding bicycles in the wrong lane, on sidewalks, in gardens, or parks.

b. Using umbrellas or canopies to shield from sun or rain while cycling.

c. Stopping on the road or shoulder in violation of regulations, obstructing traffic.

d. Accelerating from within a house, alley, or lane onto a main road or from a main road into an alley or lane without observing traffic, affecting traffic safety.

đ. Entering one-way streets, prohibited streets, areas marked with "No Entry" signs, or lanes reserved for motorized vehicles.

2. A fine of VND 20,000 for one of the following acts:

a. Crossing roads, bridges, ferries, or dangerous sections without adhering to traffic signals, signs, or instructions from traffic police or traffic guides.

b. Riding abreast in groups of three or more; carrying more passengers than allowed.

c. Parking or stopping beyond the designated limits at intersections when there is a red light or stop signal from traffic police.

d. Failing to signal before turning.

đ. Carrying cargo exceeding specified dimensions or violating time and route restrictions for carts or bicycles.

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

a. Clinging to motor vehicles, carrying bulky loads, leading animals while running alongside; carrying more passengers than allowed.

b. Releasing both hands, pulling, pushing other vehicles, reckless overtaking, turning ahead of motor vehicles.

c. Weaving, swerving, chasing each other on the street.

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

a. Illegally racing bicycles.

b. Causing an accident and fleeing the scene.

5. A fine of 1,000,000 VND and confiscation of the bicycle for organizing illegal bicycle races against public officials but not reaching the level of criminal prosecution.

6. A fine of 2,000,000 VND for organizing illegal bicycle races.

Article 9. Imposing penalties on individuals controlling animal-drawn vehicles or pulling, pushing vehicles in violation of traffic order and safety.

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

a. Not riding in the designated lane for each type of vehicle.

b. Entering prohibited streets or areas marked with "No Entry" signs.

c. Using vehicles as mobile stalls on the road contrary to regulations, obstructing traffic order and safety.

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

a. Riding abreast in groups of two or more.

b. To lead draft animals pulling a cart without a person in control.

c. Without lights or signals as prescribed.

d. Crossing roads, bridges, ferries, dangerous sections of road, without following traffic lights, signs, other traffic signals, or directions from traffic police or traffic guides.

đ. Not complying with traffic flow regulations, yielding principles.

e. Stopping beyond the limit when there is a red light signal or a stop command from traffic police.

g. Operating a vehicle to cut across a line of vehicles or pedestrians.

h. Operating a vehicle outside permitted times or types of vehicles prohibited from circulating in urban areas.

i. Not signaling with hand gestures when turning.

3. A fine of 100,000 VND for any of the following violations:

a. Loading goods on a vehicle exceeding the prescribed limits.

b. Not implementing safety measures or safety signals.

c. Causing loud noise in densely populated areas while loading or unloading goods between 10 PM and 5 AM.

4. A fine of 500,000 VND for the illegal racing of draft animals.

5. A fine of 1,000,000 VND and confiscation of the vehicle and draft animals for illegal racing of draft animals that obstructs public officials but does not reach the level of criminal prosecution.

Article 10. Punish the operator of a rickshaw or bicycle trailer violating traffic rules and safety.

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

a. The vehicle carrying passengers does not meet the prescribed standards.

b. Carrying more than two adults; allowing people to sit on the edge of the vehicle; carrying bulky cargo exceeding the allowed length, height, and width.

2. A fine of 50,000 VND and confiscation of the vehicle for operating a vehicle without registration, or with fake license plates if required by local regulations.

3. A fine of 500,000 VND for racing rickshaws or bicycle trailers.

4. A fine of 1,000,000 VND and confiscation of the vehicle for racing rickshaws or bicycle trailers that obstructs public officials but does not reach the level of criminal prosecution.

5. In cases where the operator of a rickshaw or bicycle trailer violates the provisions of Article 8 of this Decree, they shall be punished according to those provisions.

Article 11. Punish the operator of a motorcycle, motor scooter, motorcycle trailer, or motorized rickshaw violating traffic rules and safety.

1. A fine of 50,000 VND for any of the following violations:

a. Not driving in the correct lane, driving on sidewalks, entering restricted areas or areas marked with prohibitory signs.

b. Using umbrellas or raincoats to shield from sun or rain while operating a motorcycle or motor scooter.

c. Parking or stopping on the roadway or in places prohibited for parking or stopping.

d. The operator of a motorcycle, motor scooter, or motorcycle trailer carrying more than the prescribed number of people or carrying bulky cargo, riding parallel with another two or more vehicles.

đ. The operator of a motor scooter, motorcycle, motorcycle trailer, or motorized rickshaw under 16 years old.

e. Not signaling when changing direction or passing through blind spots; using high beams from 7 PM to 5 AM in cities, towns, or market towns; honking loudly causing disturbance at night from 10 PM to 5 AM or in areas where honking is prohibited.

2. A fine of VND 100,000 for one of the following acts:

a. Operating a vehicle at speeds exceeding the prescribed limit; entering the wrong way, entering prohibited roads or areas.

b. Not yielding to priority vehicles or other vehicles already signaling to overtake.

c. Crossing roads, bridges, ferries, or dangerous sections of road without following traffic lights, signs, or traffic signals, or directions from traffic police or traffic guides.

d. Using a motor scooter, motorcycle, motorcycle trailer, or motorized rickshaw to pull, push, or attach to other vehicles or animals or objects.

đ. Using vehicles equipped with sirens, horns, brakes, or similar devices that are ineffective, or using sirens reserved for priority vehicles or trucks; using license plates that are unclear.

e. Operating a motorcycle, motor scooter, motorcycle trailer, or motorized rickshaw without a valid driver's license; lending a driver's license.

g. Refusing to comply with traffic police inspections or controls when violations are detected.

h. Not completing the procedures for transferring ownership of the vehicle or changing regions as prescribed.

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

a. Operating a vehicle at high speed from alleys or lanes onto main roads, and vice versa.

b. Operating a vehicle without registration, without license plates, or with fake license plates.

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

a. Releasing both hands while operating a vehicle, reckless overtaking; using a vehicle without mufflers; using feet to scrape the road surface while the vehicle is moving.

b. Operating a vehicle while under the influence of alcohol, beer, or other stimulants exceeding the prescribed limit.

c. Leaving the scene of an accident without preserving the original condition of the site.

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

a. Weaving, swerving, chasing each other on the road.

b. Using a motor scooter with a cylinder capacity of 175 cubic centimeters or more contrary to regulations.

c. Modifying the characteristics of the vehicle.

d. Causing an accident and fleeing the scene.

6. A fine of 2,000,000 VND for any of the following violations:

a. Weaving, swerving, chasing each other causing accidents but not reaching the level of criminal prosecution.

b. Weaving, swerving, chasing each other and refusing to stop when ordered by public officials.

7. In addition to fines, operators of motorcycles, motor scooters, motorcycle trailers, or motorized rickshaws who violate the provisions of this Article must also:

a. Violating point b Clause 4, point a, point d Clause 5, will have their driver's license suspended for 60 days.

b. Violating Clause 6 will have their driver's license revoked, and if repeated, the vehicle will be confiscated.

c. Violating point a Clause 6, must compensate for damages.

Article 12. Punish individuals organizing or inciting illegal motorcycle or motor scooter races.

1. A fine of 100,000 VND for individuals inciting illegal races.

2. A fine of 300,000 VND for individuals inciting illegal races and obstructing public officials.

3. A fine of 5,000,000 VND for participants in illegal races.

4. A fine of 20,000,000 VND for any of the following violations:

a. Participating in illegal races and obstructing public officials but not reaching the level of criminal prosecution.

b. Repeatedly participating in illegal races.

5. A fine of 50,000,000 VND for organizers of illegal races.

6. In addition to fines, participants in illegal motorcycle or motor scooter races who violate any of the points in Clause 4 of this Article will also have their vehicles confiscated.

Article 13. Punish the operator of a car violating traffic rules and safety.

1. A fine of 200,000 VND for any of the following violations:

a. Operating motor vehicles on sections of roads, lanes, or at times not as prescribed.

b. Parking, stopping, yielding, overtaking, reversing, turning left or right not in accordance with regulations.

c. Using horns in cities, towns, or wards where signs prohibit such use, using horns from 10 PM to 5 AM in cities, towns, or wards; using high beams from 7 PM to 5 AM when there is an opposing vehicle.

d. License plates being blurred, covered, or insufficient according to regulations; improperly affixing license plates in positions not as prescribed.

đ. Operating vehicles lacking horns, headlamps, signal lights, windshield wipers, or windshields.

2. A fine of VND 500,000 for any of the following violations:

a. Operating vehicles in the wrong direction, entering prohibited roads for specific types of vehicles.

b. Exceeding the prescribed speed limit; operating a vehicle at high speeds from alleys, side streets, or secondary roads onto main roads or vice versa.

c. Not yielding the right-of-way to other vehicles upon receiving a passing signal or not yielding to vehicles on main roads.

d. Crossing intersections, bridges, ferries, or dangerous sections without adhering to traffic signals, signs, or instructions from police officers or traffic guides.

đ. Operating vehicles carrying earth, sand, materials, or goods without proper covering or safety measures.

e. Not transporting injured persons to emergency care when passing through accident sites.

g. Operating vehicles without brakes or without adequate lighting at night as prescribed.

3. A fine of VND 1,000,000 for any of the following violations:

a. Not yielding the right-of-way to priority vehicles.

b. Using vehicles to push or tow other vehicles, semi-trailers, or trailers improperly.

c. Carrying oversized cargo exceeding permitted height, length, or width.

d. Transporting bamboo, reeds, iron, steel, or other materials dragging on the road without safety measures.

đ. Operating vehicles without the required age qualifications.

e. Refusing to comply with or obstructing inspections, controls, or instructions from police officers or traffic guides when violating.

g. Lending or renting driving licenses.

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

a. Operating vehicles while under the influence of alcohol, beer, or other stimulants exceeding prescribed limits.

b. Driving learners without a learner's permit; without a co-driver present; vehicles without learner plates as prescribed; lacking additional braking systems and rearview mirrors; operating on public roads without permission or outside designated areas.

c. Vehicles carrying cargo or objects exceeding permitted weight limits.

5. A fine of VND 2,000,000 for drivers of motor vehicles who violate regulations and resist law enforcement officials during handling but not reaching the level of criminal prosecution.

6. A fine of 2,000,000 VND for any of the following violations:

a. Drivers operating vehicles without a valid driver's license or a license not matching the type of vehicle being driven; without a registration certificate or with expired certificates; vehicles not registered properly, not transferred, or without operational permits as prescribed.

b. Altering, modifying registration certificates, circulation permits, or other types of permits.

c. Installing fake license plates, using fake driver's licenses, circulation permits, or ownership certificates.

7. A fine of VND 5,000,000 for any of the following violations:

a. Causing accidents and fleeing but not reaching the level of criminal prosecution.

b. Borrowing or renting parts from other vehicles to evade inspection by authorized authorities.

8. A fine of VND 10,000,000 for transporting hazardous substances, flammable, or explosive materials not in accordance with regulations or parking, stopping in crowded places.

9. A fine of VND 20,000,000 for illegal motor vehicle racing.

In cases of illegal motor vehicle racing that resists law enforcement officials but does not reach the level of criminal prosecution or repeated illegal racing, a fine of VND 50,000,000, confiscation of the vehicle, and suspension of the driver's license.

10. In addition to fines, drivers of motor vehicles violating the provisions of this Article must also be subject to:

a. Violating point a Clause 4, Clause 7, Clause 8, will have their driver's license suspended for 90 days.

b. Violating point c Clause 4 must immediately unload and bear all costs associated with unloading.

c. Violating point a Clause 7, must compensate for damages.

Article 14. Punish drivers of passenger-carrying motor vehicles for violating traffic safety regulations.

1. A fine of 200,000 VND for any of the following violations:

a. Allowing passengers to sit on the vehicle while boarding or disembarking from a ferry.

b. Picking up or dropping off passengers while the vehicle is moving, not at designated stops or locations.

c. Not closing doors while the vehicle is moving or in motion.

2. A fine of VND 500,000 for any of the following violations:

a. Allowing people to hang, cling to doors, sit on the edge, or roof of the vehicle.

b. Transferring passengers to another vehicle along the route without the consent of the passengers.

c. Loading cargo off-center.

d. Carrying more passengers than allowed for each type of vehicle (except buses).

e. A fine of VND 1,000,000 for using cargo trucks to carry passengers without permission or contrary to regulations.

4. A fine of VND 2,000,000 for transporting hazardous substances or flammable, explosive materials.

5. In addition to fines, drivers of passenger-carrying motor vehicles violating the provisions of this Article must also be subject to:

a. Violating point a, point c, Clause 1, Clause 2, Clause 3, and Clause 4, must immediately take measures to ensure traffic safety.

b. Violating point d Clause 2, Clause 3, Clause 4, will also have their driver's license suspended for 90 days.

6. Drivers of passenger-carrying motor vehicles violating the provisions of Article 13 of this Decree shall be punished according to the provisions of that article.

Article 15. Punish drivers of three-wheeled motorcycles, farm tractors, flower carts, and similar vehicles for violating traffic safety regulations.

1. A fine of VND 100,000 for drivers of three-wheeled motorcycles committing any of the following violations:

a. Allowing passengers to sit next to the driver.

b. Not having seats for passengers.

c. Allowing others to hang or cling to the vehicle.

d. Stacking cargo on the roof.

đ. Not having sufficient headlamps, brake lights, or other signal lights as prescribed.

2. A fine of VND 500,000 for drivers of farm tractors, flower carts, and similar vehicles committing any of the following violations:

a. Carrying passengers.

b. Not having sufficient horns, brakes, or lights or having them but they are ineffective.

3. Drivers of three-wheeled motorcycles, farm tractors, flower carts, and similar vehicles violating the provisions of Articles 13 and 14 of this Decree shall be punished according to the provisions of those articles.

Article 16. Punish drivers of tracked vehicles, oversized vehicles, and overweight vehicles for violating traffic safety regulations.

1. A fine of VND 5,000,000 for any of the following violations:

a. Operating a vehicle on a traffic road or over a bridge without a permit or with an expired permit.

b. Not following the route or scope specified in the permit.

c. Overloading the vehicle; transferring, unloading, or engaging in other acts to evade authorized weight inspection.

2. In addition to fines, operators of tracked vehicles, oversized or overweight vehicles violating Article a and b of this provision shall have their driver's license suspended for ninety days; they must immediately unload and remove any parts exceeding the permitted size; all resulting costs and equipment for unloading and removing excess parts shall be borne by the vehicle owner and driver.

3. Operators of tracked vehicles, oversized or overweight vehicles who commit acts stipulated in Articles 13 and 14 of this Decree shall be punished according to those provisions.

Article 17. Punishing violations of technical safety standards for automobiles.

1. A fine of five hundred thousand dong for any of the following acts:

a. Operating a vehicle with tires that do not meet the required size or technical standards.

b. The steering system does not meet technical standards.

2. A fine of one million dong for altering the shape, size, frame, or body of the vehicle or its braking or drive systems without ensuring compliance with technical standards.

3. A fine of three million dong for changing the engine assembly or frame or altering the characteristics of the vehicle without authorization from the competent authority.

4. A fine of five million dong for using an automobile equipped with right-hand controls.

5. In addition to fines, individuals or organizations committing violations under this Article shall also be compelled to:

a. For violation of Clause 3, their driver's license will be suspended for one hundred eighty days and their vehicle registration permit revoked.

b. For violation of Clause 4, the vehicle will be confiscated.

Article 18. Punishing individuals and organizations for acts causing environmental pollution in road traffic and urban traffic.

1. A fine of 100,000 VND shall be imposed on any of the following acts:

a. Spilling lubricating oil or mud on the road surface.

b. Drivers of animal-drawn vehicles failing to take measures to maintain cleanliness.

c. Individuals pulling, pushing, or carrying loads that cause soil, sand, garbage, or other waste to scatter on the road.

d. Allowing animals to defecate on sidewalks or road surfaces in urban areas.

đ. Defecating on sidewalks or road surfaces in urban areas.

e. Dumping animal carcasses, garbage, or other waste onto roads or sidewalks in urban areas.

g. Operating a dirty vehicle (tracked vehicles, automobiles, lam cars, flower cars, or similar types) into an urban city.

2. A fine of five hundred thousand dong for drivers of automobiles, lam cars, flower cars, and similar types of vehicles for any of the following acts:

a. Emitting smoke beyond permissible limits, discharging dust, foul odors harmful to the air, or creating noise beyond regulations.

b. Discharging grease, toxic chemicals onto the road.

c. Causing soil, sand, garbage, or other waste to scatter on the road.

3. In addition to fines, individuals or organizations committing violations under this Article must also implement measures to mitigate the consequences caused by the violation.

Article 19. Punishing individuals and organizations for other violations concerning road traffic order and safety and urban traffic order and safety.

1. Warning or a fine of twenty thousand dong for pedestrians not walking within designated areas or not adhering to traffic lights, signs, signals, or instructions from traffic police or traffic guides.

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

a. Allowing cattle, buffalo, horses, or livestock to run loose on the road.

b. Riding cattle, buffalo, donkeys, horses, or other livestock in cities, towns, or places where such activities are prohibited.

3. A fine of 100,000 VND for any of the following violations:

a. Throwing stones, dirt, sand, or any other object at people or vehicles.

b. Failing to set up temporary warning signs or promptly notify local authorities, traffic management units, or nearby traffic police when discovering unsafe road construction.

4. A fine of two hundred thousand dong for fighting or inciting others to fight, disrupting public order on streets or transportation means, affecting road traffic order and safety and urban traffic order and safety.

5. A fine of five hundred thousand dong for any of the following acts:

a. Placing or spreading caltrops or other sharp objects on the road.

b. Arbitrarily stringing wires or setting up barriers across the road obstructing traffic.

c. Failing to arrange safety equipment and preventive measures when trimming or felling roadside trees.

d. Taking advantage of traffic accidents to seize others' property but not reaching the level of criminal prosecution.

đ. Using methods to create false accidents to claim compensation.

6. In addition to fines, individuals or organizations committing violations under this Article must also be compelled to:

a. For violation of Point b Clause 5, immediately dismantle the traffic obstacles.

b. For violation of Point b Clause 3, Point a, Point c, and Point d Clause 5, implement measures to ensure traffic safety.

Chapter 3:

ADMINISTRATIVE PENALTY AUTHORITY FOR VIOLATIONS OF ROAD TRAFFIC ORDER AND SAFETY AND URBAN TRAFFIC ORDER AND SAFETY

Article 20. Determining administrative penalty authority.

1. People's Committees at all levels have the authority to impose penalties for violations of road traffic order and safety and urban traffic order and safety within their jurisdiction.

2. Road Traffic Inspectors have the authority to impose penalties for violations stipulated in Articles 5, 6, 7, and 16 of this Decree.

3. Public Security Forces have the authority to impose penalties for all acts infringing upon road traffic order and safety and urban traffic order and safety as prescribed in this Decree.

4. In cases where administrative violations fall under the authority of multiple agencies, the agency first handling the case shall carry out the penalty.

Article 21. Administrative Penalty Authority of People's Committees at all levels.

1. The Chairperson of the People's Committee of communes, wards, and towns has the right:

a. To issue a warning;

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

c. Confiscating contraband items or vehicles valued up to five hundred thousand dong.

d. Compelling compensation for damages up to five hundred thousand dong.

đ. Compelling implementation of measures to mitigate the consequences caused by administrative violations.

2. The Chairperson of the People's Committee at the district, town, city under province level has the authority to:

a. Issuing a warning.

b. Imposing a fine up to ten million dong.

c. Confiscating contraband items or vehicles.

d. Order to restore the initial state altered due to administrative violations; order to dismantle illegal construction works.

đ. Order to compensate for damages up to 1,000,000 dong;

e. Order to implement measures to mitigate consequences caused by administrative violations.

3. The Chairperson of the People's Committee at the provincial level, centrally governed city has the authority to:

a. To issue a warning;

b. Fine up to 100,000,000 dong.

c. Confiscating contraband items or vehicles.

d. Order to restore the initial state altered due to administrative violations; order to dismantle illegal construction works.

đ. Compelling implementation of measures to mitigate the consequences caused by administrative violations.

e. Order to compensate for damages up to 1,000,000 dong.

Article 22. Competence to impose administrative penalties of the People's Police.

1. People's police officers on duty have the right:

a. To issue a warning;

b. To impose a fine up to 100,000 dong;

2. Immediate superiors of people's police officers have the right:

a. To issue a warning;

b. To impose a fine up to 200,000 dong.

c. Order to compensate for damages up to 500,000 dong.

3. Chiefs of public security stations, wards, towns have the authority to apply administrative penalties and measures to mitigate consequences as stipulated in Clause 1, Article 21 of this Decree.

4. Chiefs of public security departments at district, urban district, town level have the right:

a) To issue warnings;

b. To impose a fine up to 2,000,000 dong;

c. Suspend driving licenses, vehicle permits.

d. Confiscate contraband items, vehicles involved in violations;

đ. Order to restore the initial state altered due to administrative violations; order to dismantle illegal construction works.

e. Order to implement measures to address environmental pollution, disease spread caused by administrative violations;

g. Order to compensate for damages caused by administrative violations up to 1,000,000 dong.

5. Chiefs of traffic police departments at provincial level, heads of special task units, mobile police units at battalion level and equivalent have the right to impose penalties as chiefs of public security departments at district level.

6. Directors of Traffic Police Departments have the right:

a. To issue a warning;

b. To impose a fine up to twenty million dong;

c. Apply additional forms of administrative penalties and measures to mitigate consequences as stipulated in Clause 4, Article 22 of this Decree.

7. Provincial Public Security Directors have the right:

a. To issue a warning;

b. To impose a fine up to twenty million dong;

c. Apply additional forms of administrative penalties and measures to mitigate consequences as stipulated in Clause 4, Article 22 of this Decree.

Article 23. Competence to impose administrative penalties of traffic inspectors.

1. Traffic inspectors under the Traffic Management Board and Teams have the right:

a. To issue a warning;

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

c. Confiscating contraband items or vehicles valued up to five hundred thousand dong.

d. To compel restoration to the original state altered due to administrative violations; to dismantle unauthorized constructions;

đ. Order to compensate for damages caused by administrative violations up to 1,000,000 dong.

e. Order to implement measures to ensure traffic safety.

2. Heads of Traffic Inspection Boards under Departments, Road Management Zones; Team Leaders of Traffic Inspectors at district, county level, Road Management Sub-Zones have the right.

a. To issue a warning;

b. To impose a fine up to 10,000,000 dong for violations stipulated in this Decree.

c. Apply additional forms of administrative penalties and measures to mitigate consequences as stipulated in Clause 1, Article 23 of this Decree.

Article 24. Collection of fines.

Individuals and organizations violating administrative regulations on traffic order and safety must pay the fine at the designated place. If they evade payment or fail to pay within the prescribed time, they will be subject to compulsory enforcement or additional penalties according to the law.

It is strictly prohibited for those imposing penalties to collect fines on the spot.

Article 25. Procedure and formalities for imposing administrative penalties.

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

Article 26. Compulsory enforcement of administrative penalty decisions.

1. Individuals and organizations subject to administrative penalties who do not voluntarily comply with the administrative penalty decision shall be subject to compulsory enforcement through the following measures:

a. Deduct part of salary or income, deduct money from bank accounts.

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

c. Apply other compulsory measures to enforce the administrative penalty decision.

2. Those authorized to impose penalties have the right to issue a compulsory enforcement decision and are responsible for organizing its implementation.

3. The People's Police force is responsible for enforcing compulsory enforcement decisions issued by the People's Committees at the same level and cooperate with other state agencies to organize the enforcement of their compulsory enforcement decisions when requested.

Article 27. Complaints and accusations.

1. Individuals and organizations subject to administrative penalties or their lawful representatives have the right to appeal against the penalty decision in accordance with Article 88 of the Administrative Violations Handling Ordinance.

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

Chapter 4:

IMPLEMENTING PROVISIONS

Article 28. This Decree takes effect from August 1, 1995; the provisions of this Decree replace previous Government regulations on administrative penalties in the field of traffic order and safety.

Article 29.

The Ministers of Interior, Transport, and Finance, within their respective functions and responsibilities, are responsible for providing detailed guidance and implementing this Decree.

Article 30. 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.