Decree No. 75/1998/ND-CP Amending and Supplementing Certain Articles of Decree No. 36/CP dated May 29, 1995 of the Government on Traffic Order and Safety Management, including provisions on vehicle inspection, driver training, administrative violation handling, and specific regulations for traffic participants.

DECREE OF THE GOVERNMENT
VTo supplement and amend some articles of Decree No. 36/CP
dated May 29, 1995 of the Government

THE GOVERNMENT

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

DECREE:

Article 1. Amending and supplementing some articles of Decree No. 36/CP dated May 29, 1995 of the Government as follows:

1. Clause 2, 4, 5 of Article 5 are amended as follows:

"2. Prescribing technical standards, organizing inspection and supervision of the quality of technical equipment of various types of road motor vehicles, issuing Certificates of Technical Safety Inspection and Environmental Protection on a regular basis.

4. Managing training, issuing Driver's Licenses and Traffic Law Study Certificates for those who operate road motor vehicles.

5. Organizing, directing and inspecting the specialized traffic inspection system nationwide. Handling administrative violations within its authority against traffic order and safety violations on roads and in urban areas."

2. Clause 3 of Article 6 is amended as follows:

"3. Cooperating with relevant ministries and sectors in drafting materials and disseminating, popularizing, and guiding laws on traffic order and safety."

Article 2. Amending and supplementing some articles of 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 as follows:

1. Supplementing Clause 4 to Article 1:

"4. The driver and owner of the vehicle must be responsible under the law for the vehicle participating in traffic."

2. Clause 2 of Article 2 shall be amended as follows:

"2. Vehicles participating in traffic include all types of motorized vehicles, non-motorized vehicles, and special equipment circulating on roads and urban streets."

3. Clause 3 of Article 3 is amended as follows:

"3. Drivers of other vehicles when passing through the site of an accident have the responsibility to transport injured persons to the nearest medical facility. Emergency vehicles are not required to transport injured persons to the medical facility."

4. Clause 7 of Article 3 is amended as follows:

"7. The People's Committee at the location where the accident occurred must organize rescue and assistance for victims, protect the scene, and promptly notify traffic police to record the incident and handle consequences. In cases where the victim has died, after the public security agency has completed the procedures according to the law and agreed to burial, the People's Committee is responsible for organizing the burial of the victim."

5. Clause 1 of Article 6 is amended as follows:

"1. Participants in traffic, upon discovering that road construction works show signs of not ensuring traffic safety, must place temporary warning signals and find ways to report to the traffic management unit or the nearest state agency; state agencies receiving the report must immediately inform the traffic management agency to promptly address the issue."

6. Point 1 of Article 13 is amended as follows:

"1. For motor vehicles (including trailers towed by motor vehicles):

a. Must have a complete braking system (foot and hand) effective as prescribed.

b. Must have sufficient lighting devices (near and far lights), license plate lights, brake lights, and signal lights of various types as specified in the standards.

c. Must have a horn with standard volume.

d. Must have exhaust silencers and smoke filters as specified in the standards.

đ. Ensuring visibility for the driver. Windshields must be clear, equipped with rearview mirrors, and wipers.

e. Must have an effective steering system.

g. Must have tires of correct size, technical specifications, and air pressure as specified for each type of vehicle.

h. Car windows must be safety glass."

7. Clause 2 of Article 18 is amended as follows:

"2. The head of the technical inspection facility and the technical inspection staff directly responsible must be accountable under the law for the results of the inspection."

8. Supplementing Clauses 3 and 4 to Article 20 as follows:

"3. Signals, horns, flags, and colors of priority motor vehicles on roads are specified as follows:

a. Fire trucks: painted red, rotating light on top of the vehicle emitting red light.

b. Ambulances: rotating light on top of the vehicle emitting red light, red cross symbol on the side of the vehicle.

c. Police cars: rotating light on top of the vehicle emitting blue and red light, police flag mounted on the left side of the driver.

d. Military vehicles: military flag mounted on the right side of the driver.

The volume of the horn for each type of vehicle mentioned above shall be regulated by the Ministry of Science and Technology.

4. Prohibiting non-priority motor vehicles from using priority horns and lights as specified in Clause 3 of this article."

9. Clause 3 of Article 21 is amended as follows:

"3. Prohibiting the carriage of toxic substances, explosive materials, flammable materials, other dangerous materials, animals, and foul-smelling objects that affect the health of passengers on passenger vehicles."

10. Point 1 of Article 25 is amended as follows:

"1. In case of necessity, permission from the Department of Transport (Public Works) is required."

11. Clause 1 of Article 26 is amended as follows:

"1. Goods loaded onto motor vehicles must be neatly arranged and securely fastened, preventing spillage along the way, dragging on the road surface, and obstructing vehicle control. The width of goods loaded cannot exceed the width of the cargo bed, and the length cannot extend more than 10% beyond the total length of the vehicle.

Motorcycles, scooters, and bicycles cannot carry goods exceeding a width of 0.30 meters on either side, a height of 2 meters from the ground, and extending 0.50 meters behind the cargo bed; when transporting compressed gas cylinders by motorcycle, scooter, or bicycle, they must be securely fastened to ensure safety."

12. Point c of Article 29 is amended as follows:

"c. Not having the required documents as follows:

Certificate of Vehicle Registration.

Driver's License (if operating a vehicle requiring a Driver's License).

Certificate of Technical Safety Inspection and Environmental Protection (if required for the type of vehicle)."

13. Article 30 is amended as follows:

"Article 30.- In case of loss or damage to the Driver's License, if there is sufficient evidence that it was lost, damaged, not revoked, and not temporarily withheld, a replacement will be issued."

14. Point a of Article 37 is amended and supplemented as follows:

"a. Conditions for overtaking.

A vehicle following may only overtake a preceding vehicle when:

There are no obstacles ahead;

No oncoming vehicles are approaching;

The preceding vehicle does not signal an intention to overtake another vehicle;

The driver must signal with a horn or light when requesting to overtake a vehicle ahead. When the vehicle ahead has moved to the right side and given permission for overtaking, the driver of the following vehicle may then overtake from the left side of the vehicle ahead.

15. Article 38 is amended as follows (other provisions of this Article remain unchanged):

"A vehicle descending a hill must yield to a vehicle ascending the hill."

16. Point k of Article 39 is amended as follows:

"k. When a vehicle is broken down or goods fall off onto the road affecting traffic, the person in charge must take all measures to move the vehicle to the right shoulder of the road and immediately collect scattered goods."

17. Point a of Article 42 is amended as follows:

"a. The following vehicles are priority vehicles and have the right to proceed before other types of vehicles at intersections in the following order:

1. Fire trucks heading to a fire scene.

2. Military and police vehicles on urgent missions.

3. Ambulances carrying emergency patients or picking up emergency patients.

4. Flood control and storm relief vehicles on urgent missions.

5. A convoy led by a police escort.

6. Emergency traffic assurance vehicles.

7. Funeral processions."

18. Point b of Article 44 is amended as follows:

"b. When boarding or disembarking from a ferry and while on the ferry, all passengers must leave the vehicle except the driver and passengers who cannot walk due to illness."

19. Add point i to Article 45 as follows:

"i. For tractor-trailer combinations, the total weight of the tractor must be greater than the total weight of the trailer, and there must be an effective braking system for the trailer."

20. Clause 1 of Article 52 is amended as follows:

"1. Vehicles must travel within designated lanes and routes. If special reasons require entry into restricted areas or roads, a permit from the provincial or municipal public security authority is required."

21. Article 56 is amended and supplemented as follows:

"Article 56.

2. Prohibit racing without permission from the Director of Provincial or Centrally Governed City Public Security Department.

1. Bicycles, motorcycles, and motorbikes are prohibited from weaving, swerving dangerously, or performing similar actions that endanger pedestrians.

3. It is forbidden to use umbrellas for shelter from rain or sun or to use mobile phones while operating bicycles, motorcycles, or motorbikes.

4. Motorcycles, motorbikes, and bicycles exiting from alleys, narrow streets, or ferries must yield to other vehicles and pedestrians coming from any direction."

22. Article 57 is amended as follows:

"Article 57. The person operating a bicycle must comply with the following regulations:

1. Not to ride in areas and roads where bicycles are prohibited by signs;

2. When riding a bicycle on the road: not to release both hands simultaneously or pull another vehicle, not to speed excessively or engage in dangerous actions, not to ride abreast in groups of three or more, and not to turn left or right in front of a motor vehicle;

3. To park only along the roadside or sidewalk at designated locations, and not to park or stop in places that obstruct traffic;

4. To carry only one passenger behind and one child under seven years old (carried by an adult or seated in a separate seat) or two adults if one adult is unable to sit alone due to health conditions;

5. The person operating the bicycle and the passenger must not carry bulky items, drag anything, or lead animals;

6. Children under twelve years old are not allowed to operate bicycles with wheels larger than 650 mm in diameter;

7. Not to cling to other vehicles (including other bicycles);

Article 3.- This Decree takes effect 15 days after the date of signature. Previous regulations contrary to this Decree are abolished.

Article 4. 8. Prohibited from riding bicycles on sidewalks, in parks, or gardens."

Article 5. Ministers, heads of ministerial-level agencies, and heads of government-affiliated agencies shall be responsible for guiding and implementing this Decree within their respective functions and duties. Chairpersons of provincial and municipal People's Committees shall establish regulations and implementation plans based on local conditions and their authority.