Decree No. 71/2012/ND-CP Amending and Supplementing Certain Articles of Decree No. 34/2010/ND-CP dated April 2, 2010 of the Government on Administrative Sanctions for Violations in the Field of Road Traffic

  DECREE

Amending and supplementing some articles of Decree No. 34/2010/NĐ-CP dated April 2, 2010 of the Government on administrative penalties for violations in the field of road traffic.

concerning the imposition of administrative penalties for violations in the field of road traffic.

_____________________________

 

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

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

At the proposal of the Minister of Transport;

The Government promulgates this Decree amending and supplementing some articles of Decree No. 34/2010/NĐ-CP dated April 2, 2010 of the Government concerning the imposition of administrative penalties for violations in the field of road traffic.

Article 1. Amending and supplementing some articles of Decree No. 34/2010/NĐ-CP dated April 2, 2010 of the Government concerning the imposition of administrative penalties for violations in the field of road traffic as follows:

1. Unit prices for construction projects published by the People's Committee of the province in accordance with Clause 2, Article 26 of Decree No. 10/2021/NĐ-CP serve as the basis for determining and managing construction investment costs within the province. The unit prices for construction projects published by the People's Committee of the province are determined based on construction norms issued by competent authorities and the cost factors' prices specified in Clause 3, Clause 4, and Clause 5 of this Article, consistent with the time of determining the unit price for construction projects. Cost factors' prices include: material prices, labor unit prices, machinery and equipment rental prices.

"Article 8. Imposing penalties on persons driving, sitting in motor vehicles and similar vehicles who violate traffic rules on roads

1. A fine of VND 100,000 to VND 200,000 shall be imposed on any of the following violations:

a) Not complying with traffic signals, signs, markings, except for violations specified in Points a, h, i, k Clause 2; Point a, đ, e Clause 3; Point a, b, c, d, đ, i, k Clause 4; Point a, c, d Clause 5; Point a Clause 6; Point a Clause 7 of this Article;

b) Changing direction without yielding right-of-way to pedestrians crossing at crosswalks or non-motorized vehicles traveling on designated lanes;

c) Changing direction without yielding right-of-way to oncoming vehicles or pedestrians crossing where there are no pedestrian crosswalk markings;

d) Stopping or parking without signaling other vehicle drivers;

đ) When parking partially on the roadway, not immediately placing warning signs at the front and rear of the vehicle as required, except when parking in designated areas where parking is permitted;

e) Not displaying front and rear warning signs on towed vehicles, not securely connecting towing and towed vehicles, and not displaying required signs on trailer trucks;

g) Not maintaining a safe distance from the vehicle ahead to avoid collision or not adhering to the minimum distance between two vehicles as indicated by the traffic sign "Minimum Distance Between Two Vehicles", except for violations specified in Point i Clause 4 of this Article;

h) Not yielding right-of-way at intersections, except for violations specified in Points d, đ Clause 2 of this Article;

i) Honking or making loud noises that disturb quietness in urban areas and densely populated residential areas from 10 PM of the previous day to 5 AM of the following day, except for priority vehicles performing their duties as prescribed;

k) Drivers or passengers seated in the front row of motor vehicles equipped with seat belts not wearing them while the vehicle is moving;

l) Transporting passengers seated in the front row of motor vehicles equipped with seat belts who are not wearing them while the vehicle is moving.

2. Imposing a fine of VND 300,000 to VND 500,000 on persons driving vehicles violating any of the following acts:

a) Changing lanes improperly or without prior signal, except for violations specified in Point i Clause 4 of this Article;

b) Driving at low speed without moving to the right side of the lane;

c) Allowing more people to sit in the driver's cabin than allowed;

d) Not reducing speed and yielding right-of-way when driving out of a driveway or side street onto a main road;

đ) Not yielding right-of-way to overtaking vehicles when it is safe to do so; not yielding right-of-way to vehicles on priority roads or main roads coming from any direction at intersections;

e) Emergency vehicles performing duties without proper signaling devices;

g) Stopping or parking on the roadway in non-urban areas with wide sidewalks; stopping or parking not close to the right edge of the road according to the direction of travel in areas with narrow sidewalks or no sidewalks; parking uphill without securing the wheels; opening the car door or leaving it open without ensuring safety;

h) Stopping not close to the sidewalk or street curb on the right side according to the direction of travel or the nearest wheel more than 0.25 meters away from the sidewalk or street curb; stopping on tram tracks, bus lanes; stopping over manholes for water drainage, telephone trenches, high-voltage power lines, fire hydrant water intake areas, places marked with "no stopping" signs; leaving the driver's seat, turning off the engine while stopped; stopping or parking inappropriately in areas designated for stopping or parking; stopping or parking on pedestrian crossings;

i) Turning left contrary to regulations in residential areas;

k) Turning around on pedestrian crossings, on bridges, bridge heads, underpasses, narrow roads, steep roads, curved sections with obstructed visibility, or where there are "no U-turn" signs;

l) Backing up on one-way streets, in areas where stopping is prohibited, on pedestrian crossings, at intersections, at level crossings, or in areas with obstructed visibility; backing up without observing or without giving prior warning signals;

3. Imposing a fine of VND 600,000 to VND 800,000 on persons driving vehicles violating any of the following acts:

a) Exceeding the speed limit by 5 km/h to less than 10 km/h;

b) Honking continuously, revving the engine, using horn or high-beam lights in urban areas or densely populated residential areas, except for emergency vehicles performing duties as prescribed;

c) Changing direction without reducing speed or without signaling the turn.

d) Turning around at level crossings with railways; not complying with regulations on stopping or parking at level crossings with railways; stopping or parking within the railway safety zone;

đ) Stopping or parking at positions: On the left side of a one-way street; on curved sections or near the top of a hill with obstructed visibility; on bridges, underpasses, parallel to another parked vehicle; at intersections or within five meters from the edge of the intersection; at bus stops; before gates or within five meters on both sides of the gate of organizations with vehicle access roads; on roads only wide enough for one lane; obstructing traffic signs;

e) Parking not close to the sidewalk or street curb on the right side according to the direction of travel or the nearest wheel more than 0.25 meters away from the sidewalk or street curb; parking on tram tracks, bus lanes; parking over manholes for water drainage, telephone trenches, high-voltage power lines, fire hydrant water intake areas; parking in areas marked with "no stopping" or "no parking" signs; parking on sidewalks contrary to legal provisions;

g) Not using sufficient lighting during nighttime or in foggy or poor weather conditions limiting visibility; using high-beam lights when passing;

h) Vehicles without priority rights shall not use sirens, flags, or lights of priority vehicles;

i) Motor vehicles towing two or more other motor vehicles; motor vehicles pushing other vehicles; motor vehicles towing primitive vehicles, motorcycles, or pulling objects along the road; trailers or semi-trailers towing another trailer or vehicle;

k) Carrying people on towed vehicles, except the driver;

4. Imposing a fine of VND 800,000 to VND 1,200,000 on persons driving vehicles violating any of the following acts:

a) Driving in a tunnel without using low beam lights; reversing or turning around in a tunnel; stopping, parking, or overtaking in a tunnel not in accordance with regulations;

b) Entering restricted roads, areas, or driving against the flow of a one-way street, except for priority vehicles performing urgent tasks as prescribed;

c) Operating a vehicle not on the right side according to the direction of travel; not driving in the correct lane or lane as prescribed;

d) Operating a vehicle below the minimum speed limit on sections of the road where a minimum speed limit is specified;

đ) Stopping, parking, or turning around in violation of regulations causing traffic congestion;

e) Stopping, parking, or opening the car door without ensuring safety causing accidents;

g) Not yielding or obstructing priority vehicles;

h) Not implementing safety measures as required when a motor vehicle is damaged at a road intersection at the same level with a railway;

i) Not complying with regulations when entering or exiting expressways; driving in emergency lanes or on the shoulder of expressways; stopping or parking on the main lanes of expressways; turning around or backing up on expressways; changing lanes improperly or without signaling when driving on expressways; not complying with regulations on safe distances from the vehicle ahead as indicated on traffic signs when driving on expressways;

k) Not complying with traffic light signals;

5. Imposing a fine of VND 2,000,000 to VND 3,000,000 on persons driving vehicles violating any of the following acts:

a) Operating a vehicle above the speed limit by 10 km/h to 20 km/h;

b) Driving on roads with alcohol or breath alcohol concentration but not reaching the level of violation specified in Point b Clause 1, Point a Clause 8 of this Article;

c) Overtaking in prohibited situations; overtaking on the right side of another vehicle without permission; not giving prior warning before overtaking;

d) Avoiding vehicles improperly; not yielding to oncoming vehicles as required in narrow roads, steep roads, or areas with obstacles;

d) Failing to comply with the instructions of traffic controllers when crossing ferries, pontoon bridges, or congested areas; failing to obey the commands of traffic controllers or traffic supervisors.

6. A fine of from VND 4,000,000 to VND 6,000,000 shall be imposed on the driver of a vehicle who commits any of the following violations:

a) Operating a vehicle above the speed limit by more than 20 km/h to 35 km/h;

b) Causing a traffic accident and not stopping, not preserving the scene; fleeing without reporting to the competent authority, not participating in rescuing the injured.

7. A fine of from VND 8,000,000 to VND 10,000,000 shall be imposed on the driver of a vehicle who commits any of the following violations:

a) Operating a vehicle above the speed limit by more than 35 km/h; driving in the opposite direction on an expressway, except for emergency vehicles performing urgent tasks as prescribed;

b) Operating a vehicle on the road with alcohol concentration in blood or breath exceeding 50 mg to 80 mg/100 ml of blood or 0.25 mg to 0.4 mg/liter of breath;

c) Driving a vehicle on the road while having narcotics in their body;

d) Driving a vehicle in a weaving manner; speeding excessively while chasing each other on the road;

đ) Failing to pay attention, driving a vehicle at a speed exceeding the prescribed limit causing a traffic accident; improperly overtaking or passing causing a traffic accident, or not maintaining the required safety distance between two vehicles as prescribed causing a traffic accident.

8. A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed on the driver of a vehicle who commits any of the following violations:

a) Operating a vehicle on the road with alcohol concentration in blood or breath exceeding 80 mg/100 ml of blood or 0.4 mg/liter of breath;

b) Refusing to comply with drug testing or alcohol concentration testing requests from traffic supervisors or public officials.

9. A fine of from VND 15,000,000 to VND 25,000,000 shall be imposed on the violation stipulated in Point d Clause 7 of this Article that causes a traffic accident or fails to comply with the command to stop issued by law enforcement officers or resists law enforcement officers.

10. In addition to being fined, the driver of a vehicle who violates the provisions shall also be subject to the following additional penalties:

a) Violating Point h Clause 3 of this Article, the horn, flag, and light used in contravention of regulations shall be confiscated;

b) Violating Point h Clause 3; Points b, c, i, k Clause 4; Point b Clause 5; Point a Clause 6 of this Article, the right to use the driving license shall be suspended for thirty (30) days;

c) Violating Point i Clause 3; Points a, e, g, h Clause 4; Points c, đ Clause 5; Point b Clause 6; Points a, b, d, đ Clause 7; Clause 8 of this Article, the right to use the driving license shall be suspended for sixty (60) days. Violating any of the Points or Clauses of this Article that cause a traffic accident but not reaching a serious level, the right to use the driving license shall be suspended for sixty (60) days: Points a, b, c, d, đ, e, g, h Clause 1; Points a, b, d, g, h, i, k, l Clause 2; Points c, d, đ, e, g, h Clause 3; Points b, c, i, k Clause 4; Point b Clause 5;

d) Violating Point c Clause 7, Clause 9 of this Article or reoffending Point d Clause 7 of this Article, the right to use the driving license shall be revoked indefinitely. Violating any of the Points or Clauses of this Article that cause a traffic accident at a serious level or higher, the right to use the driving license shall be revoked indefinitely: Points a, b, c, d, đ, e, g, h Clause 1; Points a, b, d, g, h, i, k, l Clause 2; Points c, d, đ, e, g, h, i Clause 3; Points a, b, c, e, h, i, k Clause 4; Points b, đ Clause 5; Points b, đ Clause 7; Clause 8.”

2. Amendment and supplementation of Article 9 as follows:

Article 9. Penalties for the driver and passengers of motorbikes, motorcycles (including electric motorcycles), similar motor vehicles, and similar motorcycle-type vehicles violating traffic rules on public roads

1. A fine of from VND 60,000 to VND 80,000 shall be imposed on any of the following violations:

a) Failing to comply with the commands, directions of traffic signs, road markings, except for violations stipulated in Points a, đ, h Clause 2; Points c, đ, h Clause 3; Points c, d, e, g, i Clause 4; Points a, c, d Clause 5; Point đ Clause 6; Point d Clause 7 of this Article;

b) Not signaling before overtaking;

c) Not maintaining a safe distance to avoid collision with the vehicle immediately ahead or not adhering to the minimum distance between two vehicles as indicated by the "Minimum Distance Between Two Vehicles" sign;

đ) Changing direction without yielding the right-of-way to: Pedestrians, disabled persons' wheelchairs crossing the road at places marked with pedestrian crosswalks; non-motorized vehicles currently traveling on lanes designated for non-motorized vehicles;

đ) Turning without yielding the right-of-way to: oncoming vehicles; pedestrians crossing at locations without pedestrian crosswalks;

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

g) Using high-beam lights when passing each other;

h) The person currently driving the vehicle using an umbrella, mobile phone, audio equipment, except hearing aids; passengers using an umbrella.

2. A fine of from VND 80,000 to VND 100,000 shall be imposed on the driver of a vehicle who commits any of the following violations:

a) Changing lanes improperly or without giving prior signal;

b) Driving a vehicle in a row of three (3) or more vehicles;

c) Not using headlights during nighttime or in foggy, poor weather conditions limiting visibility;

d) Not yielding the right-of-way to overtaking vehicles when it is safe to do so; not yielding the right-of-way to vehicles on priority roads or main roads from any direction at intersections;

đ) Passing improperly; not yielding the right-of-way to oncoming vehicles as required on narrow roads, steep roads, or where obstacles are present;

e) Honking between 22:00 hours of the previous day and 05:00 hours of the next day, using high-beam lights in urban areas, densely populated residential areas, except for emergency vehicles performing duties as prescribed;

g) Emergency vehicles performing duties without proper horn, flag, or light signals as prescribed;

h) Turning around in a location where turning around is prohibited.

3. A fine of from VND 100,000 to VND 200,000 shall be imposed on any of the following violations:

a) Parking on the travel lane outside urban areas where sidewalks are available;

b) Not reducing speed or yielding the right-of-way when operating a vehicle exiting a side street or alley onto a main road;

c) Operating a vehicle above the prescribed speed limit by less than 10 km/h;

d) Operating a vehicle at a low speed without staying to the right of the travel lane, obstructing traffic;

đ) Parking in the middle of urban streets obstructing traffic; gathering three (3) or more vehicles in the middle of streets, on bridges, in tunnel sections; parking or leaving vehicles in the middle of urban streets, sidewalks contrary to the law;

e) Honking or revving the engine continuously in urban areas or densely populated areas, except for emergency vehicles performing duties as prescribed;

g) Non-emergency vehicles using emergency vehicle signals;

h) Not complying with the regulations on stopping or parking at intersections where roads intersect railway tracks; parking within the safe zone of railway tracks; parking on tram tracks, bus stops, on bridges, at intersections, on pedestrian crossings; parking where there is a sign prohibiting parking; parking or leaving vehicles where there is a sign prohibiting parking or leaving vehicles;

i) The driver or passenger of the vehicle not wearing a helmet or wearing a helmet incorrectly fastened when participating in traffic on public roads;

k) Carrying passengers who are not wearing helmets or wearing helmets incorrectly fastened, except in cases of transporting patients for emergency treatment, children under six (6) years old, escorting individuals who have violated the law;

l) Carrying two (2) passengers on the vehicle, except in cases of transporting patients for emergency treatment, children under fourteen (14) years old, escorting individuals who have violated the law.

4. Imposing a fine of from 200,000 VND to 400,000 VND for any of the following violations:

a) Changing direction without reducing speed or without signaling the intended turn;

b) Carrying three (3) or more passengers on the vehicle;

c) Failing to comply with the commands of traffic signals;

d) Operating a vehicle below the minimum speed limit on sections of the road where a minimum speed limit is specified;

đ) Driving a convoy obstructing traffic;

e) Operating a vehicle on a highway, except for vehicles serving management and maintenance of the highway;

g) Operating a vehicle not on the right side of the road according to the direction of travel; operating a vehicle not within the designated lane or operating a vehicle on the sidewalk;

h) Passing on the right in cases not permitted;

i) Entering prohibited roads or areas; driving against the flow of a one-way street, except for emergency vehicles performing urgent tasks as prescribed;

k) The driver of the vehicle or the passenger pulling, pushing another vehicle or object, leading animals, carrying bulky objects; passengers standing on the seat, cargo rack, or sitting on the handlebars; loading goods on the vehicle exceeding the prescribed limits; driving a vehicle towing another vehicle or object;

l) Transporting goods exceeding the designed load capacity recorded in the Vehicle Registration Certificate for vehicles that have a specified designed load capacity.

5. A fine of from VND 500,000 to VND 1,000,000 shall be imposed on the driver who commits any of the following violations:

a) Operating a vehicle above the speed limit by 10 km/h to 20 km/h;

b) Operating a vehicle on the road with alcohol concentration in blood or breath exceeding 50 mg to 80 mg/100 ml of blood or 0.25 mg to 0.4 mg/liter of breath;

c) Overtaking in cases prohibited from overtaking, except for violations stipulated in Point h Clause 4 of this Article;

d) Driving in a tunnel without using low beam lights; stopping, parking, overtaking in a tunnel not in accordance with regulations; turning the vehicle around in a tunnel;

đ) Failing to comply with traffic control instructions when crossing a ferry, pontoon bridge, or congested traffic area; failing to obey traffic signals or traffic controllers; failing to yield right-of-way or obstructing priority vehicles.

6. A fine of from VND 2,000,000 to VND 3,000,000 shall be imposed on the driver who commits any of the following violations:

a) Using a kickstand or other object dragged on the ground while the vehicle is moving;

b) Operating a vehicle on a road while having drugs in their body;

c) Not paying attention while operating the vehicle at speeds exceeding the prescribed limit causing a traffic accident; overtaking or changing lanes contrary to regulations causing a traffic accident;

d) Causing a traffic accident without stopping, preserving the scene, fleeing without reporting to the competent authority, or participating in rescuing victims;

đ) Operating a vehicle at speeds exceeding the prescribed limit by more than 20 kilometers per hour;

e) Operating a vehicle on a road while having a blood alcohol concentration exceeding 80 milligrams per 100 milliliters of blood or a breath alcohol concentration exceeding 0.4 milligrams per liter of exhaled air;

g) Refusing to comply with requests for drug or alcohol testing by traffic controllers or public officials performing their duties.

7. A fine of from VND 5,000,000 to VND 7,000,000 shall be imposed on the driver who commits any of the following violations:

a) Releasing both hands from the steering wheel while driving; using feet to steer the vehicle; sitting sideways while driving; lying on the seat while driving; changing drivers while the vehicle is moving;

b) Operating a vehicle weaving or swerving on roads inside or outside urban areas;

c) Operating a two-wheeled vehicle on one wheel, or a three-wheeled vehicle on two wheels;

d) Driving in a group of two or more vehicles exceeding the prescribed speed limit.

8. A fine of from VND 10,000,000 to VND 14,000,000 shall be imposed on the driver who commits the violation stipulated in Clause 7 of this Article and causes an accident or fails to comply with orders to stop issued by public officials performing their duties or resists public officials performing their duties.

9. In addition to being fined, the driver who commits a violation shall also be subject to the following supplementary penalties:

a) Violating Point g of Clause 3 of this Article shall result in confiscation of sirens, flags, lights used in contravention of regulations;

b) Violating Points b, c, i of Clause 4; Point b of Clause 5; Point đ of Clause 6 of this Article shall result in suspension of the driver's license for thirty days;

c) Violating Point đ of Clause 5; Points a, c, đ, e, g of Clause 6; Clause 7 of this Article shall result in suspension of the driver's license for sixty days; repeated offenses or multiple violations of Clause 7 of this Article shall result in indefinite suspension of the driver's license and confiscation of the vehicle. Violating any of the Points or Clauses of this Article causing a traffic accident but not reaching a serious level shall result in suspension of the driver's license for sixty days: Points a, c, d, đ, e, g, h of Clause 1; Points b, c, d, đ, h of Clause 2; Points a, b, đ, g, h of Clause 3; Points a, b, c, e, g, i, k of Clause 4; Points b, đ of Clause 5;

d) Violating Point b of Clause 6, Clause 8 of this Article shall result in indefinite suspension of the driver's license. Violating any of the Points or Clauses of this Article causing a traffic accident at a serious level or higher shall result in indefinite suspension of the driver's license: Points a, c, d, đ, e, g, h of Clause 1; Points b, c, d, đ, h of Clause 2; Points a, b, đ, g, h of Clause 3; Points a, b, c, e, g, i, k of Clause 4; Points b, đ of Clause 5; Points a, c, e, g of Clause 6.”

3. Amend and supplement Article 15 as follows:

Article 15. Penalties for individuals and organizations violating regulations on the use and exploitation within the scope of land allocated for roads

1. Warning or a fine of from VND 100,000 to VND 200,000 shall be imposed on individuals selling street food or small goods on urban streets or sidewalks where sales are prohibited, except for violations stipulated in Point c of Clause 3, Point e of Clause 4 of this Article;

2. A fine of from VND 300,000 to VND 500,000 shall be imposed on any of the following violations:

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

b) Planting trees within the scope of land allocated for roads outside urban areas that obstruct the view of drivers;

3. A fine from VND 2,000,000 to VND 3,000,000 shall be imposed for any of the following violations:

a) Constructing houses illegally within the scope of land allocated for roads outside urban areas.

b) Setting up tents, entrances, fences, and other temporary structures illegally within the scope of land allocated for roads, except for violations stipulated in Point đ Clause 4 and Point a Clause 5 of this Article.

c) Holding markets, operating food services, displaying, selling goods, repairing vehicles, washing vehicles, placing, hanging signs, advertisements, constructing temporary shelters on urban streets or sidewalks, or engaging in other unauthorized activities on urban streets or sidewalks that obstruct traffic, except for violations stipulated in Points d, đ, e, g of Clause 4, Point c of Clause 5, Point a of Clause 6 of this Article;

d) Occupying urban streets or sidewalks less than five square meters for parking purposes.

4. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following violations:

a) Dumping or leaving materials, waste illegally within the scope of land allocated for roads outside urban areas;

b) Unauthorized excavation, filling, leveling, or backfilling of the road safety zone.

c) Unauthorized attachment of unrelated content to road sign structures.

d) Illegally using road land or the road safety zone for the assembly or transfer of goods, supplies, construction materials, machinery, equipment, or other items.

đ) Erecting tents, temporary structures illegally in urban areas under highway tunnels, overpasses, pedestrian tunnels;

e) Displaying and selling machinery, equipment, supplies, construction materials, or producing and processing goods on urban streets or sidewalks.

c) Occupying urban streets or sidewalks from five square meters² to less than ten meters² for parking purposes.

6. A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed on any of the following violations:

a) Constructing houses illegally within the scope of land allocated for roads in urban areas.

b) Planting greenery on streets without complying with regulations;

c) Occupying urban streets or sidewalks from ten square meters² to less than twenty meters² for parking purposes.

6. A fine of from VND 20,000,000 to VND 30,000,000 shall be imposed on any of the following violations:

a) Occupying urban streets or sidewalks twenty meters² or more for parking purposes.

b) Erecting advertising boards on road safety zones without written approval from competent road management authorities.

c) Improperly connecting branch roads to main roads.

7. A fine of from VND 30,000,000 to VND 40,000,000 shall be imposed on the construction of permanent structures illegally within the scope of land allocated for roads.

8. In addition to being fined, individuals and organizations committing violations stipulated in Clauses 2, 3, 4, 5, 6, and Clause 7 of this Article shall also be subject to the following remedial measures: Forced removal of constructed structures, advertisements, relocation of illegally planted trees, collection of materials, waste, goods, and restoration to the original condition prior to the administrative violation.

4. Amend and supplement Article 19 as follows:

"Article 19. Penalties for drivers of motor vehicles and similar vehicles violating regulations on the conditions of vehicles when participating in traffic

1. A fine from VND 100,000 to VND 200,000 for driving a vehicle without a windshield or with a broken windshield that does not function (for vehicles designed with windshields).

2. A fine of from VND 300,000 to VND 500,000 shall be imposed on any of the following violations:

a) Operating a vehicle without sufficient lighting, license plate lights, brake lights, signal lights, windshield wipers, rearview mirrors, emergency equipment, fire extinguishing devices, tire pressure gauges, or speedometers, or having these devices but they are non-functional or do not meet design standards (if such devices are required);

b) Driving a vehicle without a horn or with a horn that does not function;

c) Driving a vehicle without a muffler or with a muffler that does not meet technical standards.

3. A fine from VND 800,000 to VND 1,000,000 for any of the following violations:

a) Operating a vehicle without adequate braking systems or having them but they do not meet safety technical standards;

b) The steering system of the vehicle does not meet safety technical standards;

c) Driving a vehicle without sufficient license plates or with license plates not in the correct position; license plates with unclear letters or numbers; bent, obscured, or damaged license plates;

d) Driving a vehicle without sufficient tires or with tires that do not meet size requirements or technical standards;

đ) Unauthorizedly changing the size of the cargo box or adding extra seats on passenger-carrying vehicles.

4. A fine from VND 2,000,000 to VND 3,000,000 for one of the following violations:

a) Not having a Vehicle Registration Certificate, trailer registration, or semi-trailer registration as prescribed;

b) Not displaying license plates (if required to display license plates);

c) Not having a Safety and Environmental Technical Inspection Certificate or inspection sticker (if required to undergo inspection) or having but expired (including trailers and semi-trailers);

d) Driving a vehicle with a horn exceeding the permitted sound level;

d) Operating a vehicle with additional rear-facing lights installed.

5. A fine from VND 4,000,000 to VND 6,000,000 for any of the following violations:

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

b) Operating a vehicle past its service life limit (if there is a prescribed service life limit);

c) Operating a self-produced or assembled vehicle (including agricultural vehicles that have been prohibited from operating on public roads);

d) Driving a vehicle with license plates not matching the Vehicle Registration Certificate or issued by unauthorized agencies;

d) Using an Inspection Certificate, Safety and Environmental Technical Inspection Certificate, inspection sticker, or Vehicle Registration Certificate not issued by an authorized agency or using a Vehicle Registration Certificate with incorrect chassis or engine numbers (including trailers and semi-trailers).

6. In addition to being fined, the driver who violates these provisions shall also be subject to supplementary penalties and measures to rectify the consequences as follows:

a) For violations of Clause 1; Clause 2; Point c, Point d, and Point đ of Clause 3 of this Article, they must install or replace equipment meeting safety technical standards, and remove unauthorized additional equipment;

b) For violations of Point a and Point b of Clause 3 of this Article, they must restore the technical functions of the equipment or replace it with equipment meeting safety technical standards; their driving license shall be suspended for thirty days;

c) For violations of Point d and Point đ of Clause 4 of this Article, additional lights and horns exceeding the volume limit shall be confiscated, and they must install horns meeting the technical standards;

d) For violations of Clause 4 of this Article, their driving license shall be suspended for thirty days;

đ) For violations of Point d and Point đ of Clause 5 of this Article, the Inspection Certificate, Safety and Environmental Technical Inspection Certificate, inspection stickers, and Vehicle Registration Certificates not issued by authorized agencies shall be confiscated; their driving license shall be suspended for thirty days;

e) For violations of Point b and Point c of Clause 5 of this Article, the vehicle shall be confiscated and their driving license shall be suspended for sixty days.”

2. Collecting, updating, and correcting information about citizens in the Database on Residence and the National Population Database within their jurisdiction;

“Article 24. Penalties for Violations of Conditions for Motor Vehicle Drivers

1. Warning penalty for individuals aged fourteen years or older but under sixteen years old who operate motorcycles, motorized bicycles (including electric motorcycles), or similar vehicles, or operate automobiles, tractors, and similar vehicles.

2. A fine of from VND 80,000 to VND 120,000 shall be imposed for any of the following violations:

a) Individuals operating motorcycles, motorized bicycles, similar motorcycle vehicles, and similar motorized bicycle vehicles without or without carrying the valid Compulsory Civil Liability Insurance Certificate for Motor Vehicles;

b) Individuals operating motorcycles, motorized bicycles, similar motorcycle vehicles, and similar motorized bicycle vehicles without carrying the Vehicle Registration Certificate, Safety and Environmental Technical Inspection Certificate (if required to undergo inspection);

c) Individuals operating motorcycles not carrying a Driving License.

3. A fine of VND 200,000 to VND 400,000 shall be imposed for any of the following violations:

a) Individuals operating motorcycles, similar motorcycle vehicles without the Safety and Environmental Technical Inspection Certificate (if required to undergo inspection) or having but expired;

b) Individuals operating automobiles, tractors without carrying the Vehicle Registration Certificate, Driving License, Safety and Environmental Technical Inspection Certificate (if required to undergo inspection).

4. A fine of VND 400,000 to VND 600,000 shall be imposed for any of the following violations:

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) Individuals operating automobiles, tractors, and similar automobile vehicles without or without carrying the valid Compulsory Civil Liability Insurance Certificate for Motor Vehicles;

c) Individuals operating automobiles, tractors, and similar automobile vehicles with a Driving License that has expired for less than six months.

5. A fine of between eight hundred thousand dong and twelve hundred thousand dong for individuals operating motorcycles without a Driving License or using a Driving License not issued by an authorized agency, or a Driving License that has been tampered with, except for violations stipulated in Point b of Clause 7 of this Article.

6. A fine of between one million dong and three million dong for individuals aged sixteen years or older but under eighteen years old who operate automobiles, tractors, and similar automobile vehicles.

7. A fine of from VND 4,000,000 to VND 6,000,000 shall be imposed on individuals operating motorcycles with a cylinder capacity of 175 cm³ upwards, automobiles, tractors, and similar automobile vehicles violating any of the following behaviors:

a) Having a Driving License but not suitable for the type of vehicle being operated or has expired for six months or more;

b) Not having a Driving License or using a Driving License not issued by an authorized agency, or a Driving License that has been tampered with.

8. In addition to being fined, violators shall also be subject to supplementary penalties as follows: For violations of Clause 5 and Point b of Clause 7 of this Article, Driving Licenses not issued by authorized agencies or Driving Licenses that have been tampered with shall be confiscated.”

6. Amend and supplement Article 26 as follows:

“Article 26. Penalties for Violations of Road Transport Regulations by Drivers of Passenger Cars and People-Carrying Vehicles

1. A fine of VND 100,000 to VND 200,000 shall be imposed on any of the following violations:

a) Not guiding passengers to sit in the designated positions in the vehicle;

b) Not complying with regulations regarding turning off or turning on the "TAXI" light box.

2. A fine of between three hundred thousand dong and five hundred thousand dong per person exceeding the permitted number of passengers for the vehicle for drivers of passenger cars and people-carrying vehicles (excluding buses) who violate the following behavior: Carrying more than two persons on a nine-seat vehicle, carrying more than three persons on a ten-seat to fifteen-seat vehicle, carrying more than four persons on a sixteen-seat to thirty-seat vehicle, carrying more than five persons on a vehicle over thirty seats, except for violations stipulated in Clause 4 of this Article.

3. A fine from VND 500,000 to VND 800,000 shall be imposed for any of the following violations:

a) Not closing doors while the vehicle is moving;

b) Allowing people to sit in the vehicle when getting on or off a ferry, pontoon bridge, or while the vehicle is on a ferry (except elderly, sick, or disabled persons);

c) Not following the prescribed route, schedule, or transportation itinerary;

d) Allowing people to lie down on hammocks or hang onto doors or outside the sides of the vehicle while it is moving;

đ) Arranging and securing luggage and goods in an unsafe manner; allowing luggage and goods to fall onto the road from the vehicle;

e) Carrying luggage and goods exceeding the design load capacity of the vehicle or exceeding the external dimensions of the vehicle; storing goods in the passenger compartment;

g) Transporting goods with foul odors in passenger vehicles;

h) Tourist transport vehicles and contractual passenger transport vehicles not having a passenger list or transportation contract as prescribed;

i) Fixed-route passenger transport not adhering to the designated route, lacking a "Vehicle Operation Logbook" or having one but without confirmation from both terminal stations as prescribed;

k) Passenger vehicles without service staff on board as required;

l) Tourist vehicles and contract passenger vehicles selling tickets to passengers;

m) Not using a fare meter or using a fare meter not in accordance with regulations when transporting passengers.

4. A fine of VND 800,000 to VND 1,000,000 per person exceeding the permitted number of passengers for the vehicle shall be imposed on the driver of an automobile running a route with a distance greater than 300 kilometers who violates the following acts: Carrying more than two additional persons on a vehicle up to nine seats, carrying more than three additional persons on a vehicle from ten to fifteen seats, carrying more than four additional persons on a vehicle from sixteen to thirty seats, carrying more than five additional persons on a vehicle over thirty seats.

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

a) Allowing people to get on or off the vehicle while it is moving;

b) Transferring passengers to another vehicle along the way without their consent; threatening, insulting, competing for, or enticing passengers; forcing passengers to use services against their will;

c) Stopping to unload passengers to avoid inspection or control by authorized personnel;

d) Loading passengers in a manner that causes the vehicle to tilt;

đ) Picking up or dropping off passengers at unauthorized locations on predetermined pick-up and drop-off routes;

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

6. A fine of VND 2,000,000 to VND 3,000,000 shall be imposed for any of the following violations:

a) Operating a vehicle for commercial transportation without installing a vehicle tracking device (if required), or installing a device that does not operate or does not meet the prescribed standards.

b) Transporting prohibited goods,

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

a) Transporting hazardous, toxic, flammable, explosive goods, animals, or other goods affecting the health of passengers in passenger vehicles;

b) Carrying people on the roof or in the luggage compartment of the vehicle;

c) Assaulting passengers;

d) Driving an automobile continuously beyond the prescribed time limit;

đ) Passenger-carrying vehicles without or without the prescribed emblem (sign) or with expired emblems (signs).

8. In addition to the fine, the driver of the violating vehicle shall also be subject to supplementary penalties and measures to remedy the consequences as follows:

a) Violating Clause 2, Clause 4 (in cases where the number of passengers exceeds 50% to 100% of the permitted number of passengers for the vehicle); Point d, Point đ, Point e, Point g, Point h, Point i Clause 3; Clause 5; Clause 6 of this Article shall result in the suspension of the driving license for thirty (thirty) days. Violating Point b Clause 6 of this Article shall result in the confiscation of prohibited goods;

b) Violating Clause 7 of this Article shall result in the suspension of the driving license for sixty (sixty) days; violating Clause 2, Clause 4 of this Article (in cases where the number of passengers exceeds 100% of the permitted number of passengers for the vehicle) shall result in the indefinite suspension of the driving license;

c) Violating Clause 2, Clause 4 of this Article (in cases involving passenger transport) must arrange another vehicle to transport the excess passengers beyond the permitted number of passengers for the vehicle.”

7. Amend and supplement Article 27 as follows:

“Article 27. Penalties for the driver of an automobile truck, tractor, and similar vehicles transporting goods

1. A fine of VND 300,000 to VND 500,000 shall be imposed for any of the following violations:

a) Transporting goods on a vehicle that must be secured but not securely fastened; stacking goods on the driver's cabin roof; loading goods causing the vehicle to be off-balance;

b) Transporting goods exceeding the design load capacity recorded in the Vehicle Registration Certificate or Safety Technical Inspection Certificate without reaching the level of violation stipulated in Point a Clause 2, Point a Clause 4 of this Article.

2. A fine of VND 800,000 to VND 1,200,000 shall be imposed for any of the following violations:

a) Transporting goods exceeding the design load capacity recorded in the Vehicle Registration Certificate or Safety Technical Inspection Certificate by 10% to 40% for vehicles with a load capacity under 5 tons and 5% to 30% for vehicles with a load capacity of 5 tons or more (including trailers and semi-trailers);

b) Stacking goods on the top of the cargo box; stacking goods beyond the width of the cargo box; stacking goods extending more than 10% of the vehicle length in front of or behind the cargo box;

c) Transporting people on the cargo box in violation of regulations; allowing people to sit on the vehicle roof or cling to the outside of the vehicle while it is moving;

d) Operating a vehicle for commercial transportation without carrying the transportation contract or delivery note as prescribed, except for cargo taxis.

3. A fine from VND 2,000,000 to VND 3,000,000 shall be imposed for any of the following violations:

a) Operating a cargo taxi without installing a fare meter or installing a fare meter not in accordance with regulations;

b) Operating a vehicle for commercial transportation without installing a vehicle tracking device (if required), or installing a device that does not operate or does not meet the prescribed standards;

c) Transporting prohibited goods; illegally transporting wildlife or failing to comply fully with regulations on the transportation of wild animals;

d) Transporting goods exceeding the permissible height for open trucks (without a roof); transporting goods exceeding the designed height of the vehicle or the approved modified height for closed trucks (with a roof).

4. A fine of VND 3,000,000 to VND 5,000,000 for any of the following violations:

a) Transporting goods exceeding the design load capacity recorded in the Vehicle Registration Certificate or Safety Technical Inspection Certificate by more than 40% for vehicles with a load capacity under 5 tons and more than 30% for vehicles with a load capacity of 5 tons or more (including trailers and semi-trailers);

b) Operating a vehicle continuously beyond the prescribed time limit;

c) Operating a vehicle without a license plate or with an expired one for vehicles required to have a license plate.

5. In addition to the fine, the violator shall also be subject to supplementary penalties and measures to remedy the consequences as follows:

a) Violating Point a, Point b Clause 2; Point d Clause 3; Point a Clause 4 of this Article shall be ordered to unload the excess overweight cargo or remove cargo exceeding the prescribed dimensions; violating Point c Clause 3 of this Article shall result in the confiscation of prohibited goods and illegally transported wildlife;

b) Violating Point a, Point b Clause 2; Point a, Point b Clause 3 of this Article shall result in the suspension of the driving license for thirty (thirty) days;

c) Violating Point c Clause 2; Point c, Point d Clause 3; Clause 4 of this Article shall result in the suspension of the driving license for sixty (sixty) days.”

8. Amend and supplement Article 33 as follows:

“Article 33. Penalties for the owner of a vehicle violating traffic regulations related to road traffic

1. A fine of VND 100,000 to VND 200,000 shall be imposed on the owner of a motorcycle, motorbike, or similar vehicles who arbitrarily changes the brand name or paint color of the vehicle without conforming to the Vehicle Registration Certificate.

2. A fine of VND 300,000 to VND 500,000 shall be imposed on the owner of an automobile, tractor, specialized motor vehicle, or similar automobiles who violates any of the following acts:

a) Installing windshields or windows that are not safety glass;

b) Arbitrarily changing the paint color of the vehicle without conforming to the color recorded in the Vehicle Registration Certificate; failing to comply with regulations on license plates, regulations on writing characters on the body and doors of the vehicle; except for violations stipulated in Point b Clause 2 of Article 41 of this Decree.

3. A fine of VND 800,000 to VND 1,200,000 shall be imposed on the owner of a motorcycle, motorbike, or similar vehicles who violates any of the following acts:

a) Arbitrarily altering the frame number or engine number;

b) Erasing, altering, or forging vehicle registration files;

c) Arbitrarily changing the frame, engine, shape, or size of the vehicle;

d) Providing false information or using fake documents to obtain new license plates or Vehicle Registration Certificates;

đ) Handing over the vehicle or allowing a person who does not meet the conditions prescribed by law to drive the vehicle on the road;

e) Failing to transfer ownership of the vehicle according to regulations;

g) Failing to purchase or pay fees for the vehicle when participating in traffic according to regulations.

4. A fine of VND 2,000,000 to VND 4,000,000 shall be imposed on the owner of an automobile, tractor, specialized motor vehicle, or similar automobiles who violates any of the following acts:

a) Arbitrarily altering the frame number or engine number;

b) Altering or tampering with the Vehicle Registration Certificate, registration file, Certificate of Conformity, or environmental protection inspection label or other documents related to the vehicle;

c) Failing to comply with the regulations on the recovery of the Vehicle Registration Certificate; license plate; safety technical inspection certificate of the road motor vehicle.

d) Drawing or posting advertisements on vehicles in violation of regulations;

đ) Failing to process the procedures to replace the Vehicle Registration Certificate when the vehicle has been modified;

e) Handing over the vehicle or allowing persons who do not meet the conditions prescribed by law to operate the vehicle on the road;

g) Making false declarations or using forged documents to obtain new license plates or Vehicle Registration Certificates.

5. A fine from VND 4,000,000 to VND 6,000,000 for any of the following violations:

a) Renting or borrowing parts or accessories of automobiles during inspection;

b) Operating motor vehicles, specialized motor vehicles without an Inspection Certificate or environmental protection label as prescribed.

6. A fine of from VND 6,000,000 to VND 10,000,000 shall be imposed on the owner of automobiles, tractors, specialized motorcycles, and similar vehicles for violating any of the following acts:

a)擅自更改车架总成；发动机总成；制动系统；传动系统；驱动系统，或者擅自改变车辆结构、形状和尺寸，不符合制造商的设计或已获有权机关批准的改装设计；擅自改变车辆使用性能；

b) 将其他类型的汽车改装为载客汽车；

c) 未按规定转移所有权；

d) 参加交通时未按规定购买或缴纳费用。

7. In addition to being fined, the violator shall also be subject to supplementary penalties and measures to rectify the consequences as follows:

a) For violations of Clause 1, Point b, Clause 2 of this Article, the violator must restore the brand name and color recorded in the Vehicle Registration Certificate or comply with the regulations regarding license plates, and the regulations regarding lettering on the body and doors of the vehicle;

b) For violations of Point b, Point d, Clause 3; Point b, Point g, Clause 4 of this Article, the license plate and Vehicle Registration Certificate (if reissued) shall be revoked, and fake documents shall be confiscated;

c) For violations of Point a, Clause 2, Point a, Clause 6 of this Article, the violator must restore the original shape, size, or technical safety condition of the vehicle; for violations of Point b, Clause 6 of this Article, the vehicle shall be confiscated;

d) For violations of Point g, Clause 3, Point d, Clause 6 of this Article, the violator must purchase or pay fees as prescribed.”

9. Amend and supplement Article 36 as follows:

"Article 36. Penalties for drivers of tracked vehicles; overloaded vehicles exceeding bridge and road limits (including passenger-carrying motor vehicles)

1. A fine of VND 1,000,000 to VND 2,000,000 for failing to comply with regulations in the Permit to Operate, except for violations prescribed in Points b, d, đ Clause 3 Article this;

2. A fine of from VND 2,000,000 to VND 3,000,000 shall be imposed on the act of driving a vehicle where the total weight of the vehicle or axle load (including goods loaded on the vehicle, passengers carried on the vehicle) exceeds the permitted weight limit of the bridge or road by 10% to 20%, except in cases where a valid permit is held.

3. A fine of from VND 3,000,000 to VND 5,000,000 for one of the following violations:

a) Refusing to comply with weight checks or dimension checks when signaled or ordered to do so; transferring loads or using other means to evade detection of overloading or over-dimensioning;

b) Operating a vehicle with a valid Permit to Operate but the total weight of the vehicle or axle load (including cargo loaded on the vehicle if any) exceeds the permitted weight specified in the Permit to Operate;

c) Driving a vehicle where the total weight of the vehicle or axle load (including goods loaded on the vehicle, passengers carried on the vehicle) exceeds the permitted weight limit of the bridge or road by more than 20%, except in cases where a valid permit is held;

d) Transporting cargo exceeding the bridge and road dimensions specified in the Permit to Operate;

đ) Operating tracked vehicles on the road without a valid permit as required or directly on the road;

e) Operating a vehicle exceeding the bridge and road dimensions or transporting cargo exceeding the bridge and road dimensions, except in cases where the Permit to Operate remains valid;

4. In addition to being fined, the violator shall also be subject to supplementary penalties and measures to rectify the consequences as follows:

a) For violations of Clause 1, Clause 2, Clause 3 of this Article, the operation of the vehicle shall be suspended until compliance with the regulations is achieved or the excess load must be immediately reduced or the excess dimensions removed; if damage to bridges or roads is caused, the original condition must be restored;

b) For violations of Clause 1, Clause 2 of this Article, the driver's license (when operating automobiles, tractors, and similar vehicles) or the certificate of traffic law knowledge training (when operating specialized motorcycles) shall be suspended for thirty days;

c) For violations of Clause 3 of this Article, the driver's license (when operating automobiles, tractors, and similar vehicles) or the certificate of traffic law knowledge training (when operating specialized motorcycles) shall be suspended for sixty days.”

10. Amend and supplement Article 37 as follows:

‘‘Article 37. Penalties for illegal racing and inciting illegal racing

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

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) Illegally racing bicycles, bicycle motors, rickshaws, animal-drawn vehicles, or riding animals in races on public roads.

2. A fine of from VND 4,000,000 to VND 6,000,000 shall be imposed on those who incite or encourage illegal racing and obstruct or resist 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 motorcycle, scooter, or electric bicycle racing.

4. A fine of from VND 20,000,000 to VND 30,000,000 shall be imposed on those who engage in illegal automobile racing.

5. A fine of from VND 30,000,000 to VND 40,000,000 shall be imposed on any of the following violations:

a) Engaging in automobile, motorcycle, scooter, or electric bicycle racing while resisting public officials in the performance of their duties;

b) Organizing illegal racing.

6. In addition to being fined, the violator shall also be subject to supplementary penalties as follows: For violations of Point b, Clause 1 of this Article, the vehicle shall be confiscated (except stolen vehicles, animals pulling or riding); for violations of Clause 3, Clause 4, Point a, Clause 5 of this Article, the driver's license shall be suspended indefinitely and the vehicle confiscated (except stolen vehicles).”

11. Amend and supplement Article 38 as follows:

“Article 38. Penalties for obstructing inspections, examinations, and controls by public officials or offering bribes to public officials

1. A fine of from VND 1,000,000 to VND 2,000,000 shall be imposed on the act of mediating, assisting, or directing drivers to evade inspections, examinations, and controls by public officials.

2. A fine of between 3,000,000 VND and 5,000,000 VND shall be imposed for any of the following violations:

a) Obstructing or failing to comply with requests for inspection, examination, and control by public officials concerning: Documents related to individuals and vehicles, operational conditions of vehicles, transportation activities, and supporting transportation services, driver training, vehicle inspection;

b) Using words, actions to threaten, insult, defame, or oppose public officials, inciting others not to comply with requests for inspection, examination, and control by public officials, using personal or organizational influence to exert pressure and obstruct public officials, except for violations stipulated at: Point b, Clause 8, Clause 9, Article 8; Point g, Clause 6, Clause 8, Article 9; Clause 2, Point a, Clause 5, Article 37 of this Decree;

c) Refusing to comply with requests for drug testing or alcohol concentration testing by traffic controllers or law enforcement officers, except for violations stipulated in Point b Clause 8 Article 8 and Point g Clause 6 Article 9 of this Decree;

d) Offering money, property, or other material benefits to law enforcement officers to evade administrative violation penalties.

3. In addition to being fined, the violator shall also be subject to additional forms of punishment and the following measures:

a) For violating Point d Clause 2 of this Article, the violator shall also have the money, property, or other material benefits confiscated;

b) For violating Clause 2 of this Article, if the violator is the driver of the vehicle, they shall also have their driving license suspended (for automobiles, motorcycles, tractors, vehicles similar to automobiles, and vehicles similar to motorcycles) or their road traffic law knowledge enhancement certificate (for special-purpose motorcycles) revoked for sixty days.

12. Amend and supplement Article 41 as follows:

“Article 41. Penalties for violations concerning driver training and examination

1. A fine of from three hundred thousand dong to five hundred thousand dong shall be imposed on driving instructors who violate any of the following acts:

a) Allowing trainees without the "Driving Learner" badge to drive practice vehicles or those with the badge but not wearing it while driving practice vehicles;

b) Carrying passengers or cargo on practice vehicles contrary to regulations;

c) Driving practice vehicles outside the routes and times specified in the Practice Vehicle Permit; failing to sit beside the trainee to assist in steering during practical driving lessons;

d) Not wearing the "Driving Instructor" badge while teaching;

đ) Not having lesson plans for assigned subjects as prescribed;

2. A fine of from three million dong to five million dong shall be imposed on individuals or organizations that violate any of the following acts:

a) Training institutions failing to arrange driving instructors to sit beside trainees to assist in steering during practical driving lessons; arranging instructors who do not meet the required standards to teach;

b) Driving schools using practice vehicles without a "Practice Vehicle Permit," "Practice" license plates, or without the name of the driving school or the direct management agency displayed on both sides of the doors or both sides of the body of the vehicle as prescribed;

c) Training institutions using practice vehicles that are not equipped with auxiliary braking systems or have such systems but they are ineffective;

d) Driving schools enrolling students who do not meet the prescribed age, health, experience, or safe driving distance requirements corresponding to each training category;

đ) Training institutions not having enough driving instructors for each category to meet the training volume recorded in the Driver Training Permit;

e) Training institutions failing to retain complete records of all training courses as prescribed;

g) Providing false information or using fake documents to obtain new or renewed driving licenses, road traffic law knowledge enhancement certificates, or to regain driving licenses or road traffic law knowledge enhancement certificates after having their right to use them revoked.

3. A fine of from five million dong to ten million dong shall be imposed on driving schools or examination centers that violate any of the following acts:

a) Organizing enrollment and training in categories of Driver's Licenses not permitted in the Driver Training Permit; exceeding the training volume specified in the Driver Training Permit;

b) Conducting driving training at locations not listed in the Driver Training Permit;

c) Enrolling and conducting driving training without a Driver Training Permit or with a Permit that has expired;

d) Driving schools conducting training outside the prescribed curriculum or teaching materials; arranging more trainees on practice vehicles than allowed;

đ) Failing to have sufficient classrooms; classrooms lacking necessary equipment and models;

e) Failing to have a practice driving field or the field not meeting the required conditions;

g) Failing to have sufficient practice vehicles for each category to meet the training volume recorded in the Driver Training Permit;

h) Issuing graduation certificates or初级级职业证书给学员，不符合规定；

i) Examination centers failing to meet the required conditions and standards;

k) Examination centers arbitrarily changing or using examination software, scoring devices, or types of examination vehicles without approval from competent state management agencies;

l) Examination centers allowing examination equipment to operate inaccurately during examinations; displaying prohibited signs or markings on the examination grounds during examinations;

m) Examination centers failing to publicly display examination fees and other service fees as prescribed; collecting examination fees and other service fees contrary to regulations;

4. Driving instructors who violate any of the acts stipulated in Article 8 of this Decree while instructing trainees to practice driving shall be punished according to the provisions applicable to such acts.

5. In addition to being fined, individuals or organizations that violate the provisions shall also be subject to additional forms of punishment and the following measures to mitigate consequences:

a) Driving schools that violate Points a, b, c, d, đ, e Clause 2; Points a, b, c, d, đ, e, g, h Clause 3 of this Article shall be suspended from enrolling students until they meet the required conditions or have corrected the violations;

b) Examination centers that violate Points i, k, l Clause 3 of this Article shall be suspended from organizing driving examinations until they meet the required conditions or have corrected the violations;

c) Violating Point g Clause 2 of this Article shall result in the confiscation of fake documents.

13. Amend and supplement Section 7 Chapter II as follows:

“Section 7. TRIAL APPLICATION FOR CERTAIN VIOLATIONS IN THE INNER CITY OF CENTRALLY-GOVERNED CITIES

Article 43. Penalties for drivers of automobiles and vehicles similar to automobiles who violate certain acts exclusively applied in the inner city of centrally-governed cities

1. A fine of from three hundred thousand dong to five hundred thousand dong shall be imposed on drivers who violate any of the acts specified at Point a, Point h Clause 1 Article 8 of this Decree.

2. A fine of from six hundred thousand dong to one million dong shall be imposed on drivers who violate any of the acts specified at Point h, Point i, Point k Clause 2 Article 8 of this Decree.

3. A fine of from one million dong to one million four hundred thousand dong shall be imposed on drivers who violate any of the acts specified at Point d, Point đ, Point e Clause 3 Article 8 of this Decree.

4. A fine of from one million four hundred thousand dong to two million dong shall be imposed on drivers who violate any of the acts specified at Point a, Point b, Point c, Point đ, Point e, Point g, Point k Clause 4 Article 8 of this Decree.

5. A fine of from two million dong to three million dong shall be imposed on drivers who violate any of the acts specified at Point đ, Point e Clause 5 Article 26 of this Decree.

6. In addition to being fined, the driver who violates these provisions shall also be subject to supplementary penalties and measures to rectify the consequences as follows:

a) For violating Point h Clause 2; Point d, Point đ, Point e Clause 3; Point a Clause 4 Article 8 of this Decree (in cases of illegal parking), the violator must move the vehicle out of the violation area;

b) For violating Point h, Point i, Point k Clause 2; Point đ, Point e Clause 3; Point b, Point c, Point đ, Point k Clause 4 Article 8 of this Decree, the violator's driving license shall be suspended for thirty days;

c) For violating Point đ, Point e Clause 5 Article 26 of this Decree, the violator's driving license shall be suspended for thirty days;

d) For violating Point a, Point e, Point g Clause 4 Article 8 of this Decree, the violator's driving license shall be suspended for sixty days. If a violation of any of the points or clauses of Article 8 of this Decree causes a traffic accident but does not reach a serious level, the violator's driving license shall be suspended for sixty days: Point a, Point h Clause 1; Point h, Point i, Point k Clause 2; Point d, Point đ, Point e Clause 3; Point b, Point c, Point k Clause 4;

đ) For violating any of the points or clauses of Article 8 of this Decree causing a traffic accident at a serious level or higher, the violator's driving license shall be revoked indefinitely: Point a, Point h Clause 1; Point h, Point i, Point k Clause 2; Point d, Point đ, Point e Clause 3; Point a, Point b, Point c, Point e, Point k Clause 4.

Article 44. Penalties for drivers and passengers of motorcycles, motorbikes (including electric motorcycles), and vehicles similar to motorcycles and motorbikes who violate certain acts exclusively applied in the inner city of centrally-governed cities

1. A fine of from one hundred thousand dong to two hundred thousand dong shall be imposed on drivers who violate any of the acts specified at Point a Clause 1; Point a Clause 2 Article 9 of this Decree.

2. A fine of VND 300,000 to VND 500,000 shall be imposed on the person driving the vehicle who commits any of the acts prescribed in Points đ and h, Clause 3, Article 9 of this Decree.

3. A fine of VND 400,000 to VND 800,000 shall be imposed on the person driving or sitting on the vehicle who commits any of the acts prescribed in Points c, g, i, k, and l, Clause 4, Article 9 of this Decree.

4. In addition to being fined, the person driving the vehicle who commits a violation shall also be subject to the following additional forms of punishment:

a) For violating Points c and i, Clause 4, Article 9 of this Decree, the right to use the driver's license shall be revoked for thirty days.

b) For violating any of the Points or Clauses of Article 9 of this Decree that cause traffic accidents but not reaching a serious level, the right to use the driver's license shall be revoked for sixty days: Point a, Clause 1; Points đ and h, Clause 3; Points c, g, i, and k, Clause 4.

c) For violating any of the Points or Clauses of Article 9 of this Decree that cause traffic accidents at a serious level or higher, the right to use the driver's license shall be revoked indefinitely: Point a, Clause 1; Points đ and h, Clause 3; Points c, g, i, and k, Clause 4.

Article 45. Punishment for the person driving, sitting on bicycles, motorbikes, or other simple vehicles who commit certain violations applicable only within the inner city areas of centrally governed cities.

1. A fine of VND 100,000 to VND 200,000 shall be imposed on the person driving or sitting on the vehicle who commits any of the acts prescribed in:

a) Points a, c, d, and g, Clause 1; Points a, b, d, and g, Clause 2; Points b and c, Clause 3, Article 11 of this Decree;

b) Clause 1, Article 21 of this Decree.

2. In addition to being fined, the person driving the vehicle who violates Clause 1, Article 21 of this Decree shall also be subject to the additional form of punishment of confiscation of the vehicle.

Article 46. Punishment for pedestrians who commit certain violations applicable only within the inner city areas of centrally governed cities.

1. A fine of VND 60,000 to VND 80,000 shall be imposed on pedestrians who commit any of the acts prescribed in Points b and c, Clause 1, Article 12 of this Decree.

2. A fine of VND 80,000 to VND 120,000 shall be imposed on pedestrians who commit any of the acts prescribed in Clause 2, Article 12 of this Decree.

14. Amend and supplement Clauses 3 and 4 of Article 47 as follows:

"3. Traffic police, rapid response police, mobile police, administrative management police regarding social order, and the Chief of Police of communes within their assigned functions and tasks related to road traffic safety have the authority to impose penalties for violations of the provisions set out in the Points, Clauses, and Articles of this Decree as follows:

a) Points đ and i, Clause 1; Points g and h, Clause 2; Points b, d, đ, and e, Clause 3; Points a, b, đ, and h, Clause 4; Points b, đ, Clause 5; Points b, c, and d, Clause 7; Clauses 8 and 9, Article 8;

b) Point e, Clause 2; Points a, đ, e, h, i, and k, Clause 3; Points b, c, đ, e, g, i, and k, Clause 4; Points b, d, and đ, Clause 5; Points b, e, and g, Clause 6; Clauses 7 and 8, Article 9;

c) Points d, đ, e, h, and i, Clause 2; Points b, đ, and h, Clause 3; Points d, e, and g, Clause 4; Points b and c, Clause 5; Point a, Clause 6; Clause 7, Article 10;

d) Points c, g, h, and i, Clause 1; Clauses 2, 3, and 4, Article 11;

đ) Articles 12, 13, 14, and 15;

e) Clauses 1, 2, 4, and 5, Article 18;

g) Articles 21 and 23;

h) Point b, Clause 3; Points b, c, đ, and e, Clause 5; Point c, Clause 7, Article 26;

i) Articles 29 and 32;

k) Clauses 3 and 4, Article 34; Articles 35, 37, and 38.

4. Road traffic inspectors within their assigned functions and tasks have the authority to impose penalties for violations of regulations concerning transportation activities and supporting services at bus stops, parking lots, bus stations, rest areas, overload control checkpoints, toll booths, road transport business premises, when vehicles (with violations) stop or park on the road; violations of regulations concerning training, examination, issuance of driver's licenses, activities of technical inspection and environmental protection of motor vehicles, protection of road infrastructure, ensuring technical standards of road construction projects, and some other violations prescribed in the Points, Clauses, and Articles of this Decree as follows:

a) Point đ, Clause 1; Points g and h, Clause 2; Points d, đ, and e, Clause 3; Points a, b, đ, and h, Clause 4; Points b and đ, Clause 5; Point b, Clause 7; Clause 8, Article 8;

b) Points a, đ, and h, Clause 3; Points d and đ, Clause 5, Article 9;

c) Points d, đ, e, g, h, and i, Clause 2; Point b, Clause 3; Points e and g, Clause 4; Points b and c, Clause 5, Article 10;

d) Points c, e, g, and h, Clause 1; Points a and b, Clause 2; Point b, Clause 3, Article 11;

đ) Point a, Clauses 1, 2, 3, and 4; Point b, Clause 5, Article 14;

e) Articles 15, 16, 17, and 18;

g) Clauses 1, 2, 3, and 4; Points b and đ, Clause 5, Article 19;

h) Articles 22 and 23;

i) Point b, Clause 3; Points b and c, Clause 4; Clauses 6 and 7, Article 24;

k) Articles 25 and 26;

l) Clauses 1, 2, 3, and 4, Article 27;

m) Articles 28, 30, and 31;

n) Clause 2; Points a, d, and e, Clause 4; Clauses 5 and 6; Points a and b, Clause 6, Article 33;

o) Articles 34, 36, 38, 41, and 42."

15. Amend and supplement Article 54 as follows:

"Article 54. Temporary detention of vehicles and related documents of persons driving and vehicles in violation

1. To immediately prevent administrative violations, the person authorized to impose penalties may temporarily detain the vehicle for up to ten days before issuing a penalty decision for the violations prescribed in the following Articles, Clauses, and Points of this Decree:

a) Violations of Points g and k, Clause 4; Points b and đ, Clause 5; Points b, c, and d, Clause 7; Clause 8, Article 8;

b) Violations of Points b and đ, Clause 5; Points b, e, and g, Clause 6; Clauses 7 and 8, Article 9;

c) Violations of Point đ, Clause 3; Points d and g, Clause 4; Point a, Clause 6; Clause 7, Article 10;

d) Violations of Points d and đ, Clause 4, Article 11, where the violator is under sixteen years old and driving a vehicle."

d) Violating Points a, b, c, d Clause 4; Points d, đ Clause 5 Article 19;

e) Violating Clause 3 Article 20;

g) Violating Point a, Point đ Clause 1 Article 22;

h) Violating Clause 1; Point a, Point c Clause 4; Clause 5; Clause 6; Clause 7 Article 24;

i) Clause 2, Clause 4 Article 26 in cases where passenger-carrying vehicles for business transport exceed the number of people allowed to be carried by more than 50% of the vehicle's capacity; Point đ Clause 7 Article 26;

k) Clause 3 Article 36;

l) Violating Points a, b, c Clause 2 Article 38 in cases where the violator is the person controlling the vehicle.

2. To ensure the enforcement of administrative penalties, the authorized authority may also decide to temporarily detain the vehicle, documents related to the driver and the violating vehicle as stipulated in this Decree according to the laws on handling administrative violations. When detained documents under this Clause, if the violator fails to appear at the authorized authority's office within the deadline specified in the administrative violation record to resolve the violation case, and continues to control the vehicle or put it back into traffic, they will be subject to penalties as if they had no documents.

3. When the vehicle is temporarily detained as stipulated in Clauses 1 and 2 of this Article, the vehicle owner must bear all costs (if any) for using alternative means of transportation to carry passengers and goods that were being transported on the detained vehicle.

4. The Ministry of Public Security shall provide detailed guidance on the implementation of the temporary detention measures stipulated in Clauses 1 and 2 of this Article.”

16. Amend and supplement Clauses 4, 6, 7 Article 57 as follows:

“4. For drivers who commit violations as prescribed in Point đ Clause 1 Article 8, Point h Clause 2 Article 10 of this Decree, in cases where warning signs are not placed as required and are penalized from July 1, 2013.

6. The provisions in Section 7 Chapter II of this Decree shall be piloted for a period of 36 (thirty-six) months from the date the Decree takes effect. The People's Committees of centrally governed cities shall specify the specific areas within the city center for the pilot implementation. Annually, the Ministry of Transport shall take the lead and coordinate with the Ministry of Public Security and the People's Committees of centrally governed cities to report to the Prime Minister on the results of the pilot implementation; upon completion of the pilot period, organize a summary evaluation of the pilot implementation and report to the Government to propose subsequent implementation policies.

7. Regarding the penalties for individuals and organizations violating the acts prescribed in Point a Clause 6 Article 26, Point b Clause 3 Article 27 of this Decree, such penalties shall be implemented from July 1, 2013.”

Article 2. Effective Date

1. This Decree shall take effect from November 10, 2012.

2. Repeal Decree No. 33/2011/NĐ-CP dated May 16, 2011 of the Government amending and supplementing certain articles of Decree No. 34/2010/NĐ-CP dated April 2, 2010 of the Government on administrative penalties for violations in the field of road traffic.

3. Acts of violation discovered and recorded in a violation notice before the effective date of this Decree shall still be handled according to Decree No. 34/2010/NĐ-CP dated April 2, 2010 and Decree No. 33/2011/NĐ-CP dated May 16, 2011.

Article 3. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the Central Government shall be responsible for implementing this Decree.