Decree No. 78/1998/ND-CP On supplementing and amending some articles of Decree No. 49/CP dated July 26, 1995 of the Government.

DECREE OF THE GOVERNMENT

Regarding the supplementation and amendment of some articles of Decree No. 49/CP
dated July 26, 1995 of the Government

THE GOVERNMENT

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

On the basis of the People's Police Law of Vietnam dated January 28, 1989 and the Ordinance amending Article 6 of the People's Police Law dated July 6, 1995;

On the basis of the Ordinance on Handling Administrative Violations dated July 6, 1995;

On the basis of Decree No. 36/CP dated May 29, 1995 of the Government on ensuring traffic safety and order on roads and urban traffic safety and order, and Decree No. 75/1998/NĐ-CP dated September 26, 1998 of the Government on supplementing and amending some articles of Decree No. 36/CP dated May 29, 1995;

Considering the proposal of the Minister of Transport and the Minister of Justice,

DECREE:

Article 1. Amending and supplementing some articles of Decree No. 49/CP dated July 26, 1995 of the Government stipulating administrative penalties for violations of traffic safety and order on roads and urban traffic safety and order as follows:

"The Ministry of Education and Training is the state management agency and has overall and comprehensive authority over universities, colleges, and secondary vocational schools nationwide regarding admissions work.

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

1. Depending on the degree and nature of the violation, the amount of fine may be increased or decreased compared to the prescribed amount, but the highest fine shall not exceed 1.5 times and the lowest fine shall not be less than 0.5 times the amount of fine for the violation already prescribed in this Decree.

2. Mitigating and aggravating circumstances shall be applied according to the provisions of the Ordinance on Handling Administrative Violations."

2. Point a Clause 1 Article 5 is amended as follows:

"a. Not having a permit from the road traffic management agency or having a permit but not notifying in writing the direct managing agency of the road construction project before carrying out construction or repair activities within the protected area of the road traffic infrastructure or directly related to the road traffic infrastructure."

3. Supplementing point e into Clause 2 Article 7 as follows:

"e. Skating or playing other games, sports on the road."

4. Clauses 1, 2, 3, 4, 5 Article 8 are amended as follows:

"1. A fine of VND 10,000 for one of the following acts:

a. Riding a bicycle outside the designated lane, on sidewalks, in flower gardens or parks.

b. Using an umbrella to shield from rain or sun while riding a bicycle.

c. Parking on the road, in places obstructing traffic.

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

a. Crossing the road, bridge, ferry, dangerous section without complying with traffic lights, signs, signals or instructions from traffic police officers.

b. Riding abreast three or more vehicles.

c. Parking or stopping beyond the limit specified at intersections when there is a stop signal or instruction from traffic police.

d. Not signaling with hand gestures to warn following vehicles before turning.

đ. Carrying goods that exceed the specified limit on pushcarts or bicycles, violating regulations on permitted time and route.

e. Not yielding the right-of-way to motor vehicles.

3. A fine of VND 50,000 for one of the following acts:

a. Clinging to motorized vehicles, carrying bulky items; pulling or pushing other vehicles; carrying more passengers than allowed; carrying flammable or explosive goods in violation of regulations.

b. Releasing both hands while driving; pulling or pushing other vehicles; overtaking recklessly; turning in front of moving motor vehicles.

c. Weaving, swerving, chasing each other on streets.

d. Coming out onto the road from houses, alleys, lanes without looking ahead, affecting traffic safety.

đ. Entering the wrong way, prohibited roads, lanes reserved for motorized vehicles, areas prohibiting bicycles.

4. A fine of VND 200,000 for one of the following acts:

a. Illegally racing bicycles.

b. Causing an accident and fleeing."

5. Clauses 2, 3 Article 9 are amended as follows:

Point b Clause 2 is amended as follows:

"b. Allowing animals to pull vehicles without a person controlling them; lacking containers for animal waste or failing to clean up animal waste on the road."

Point a Clause 3 is amended as follows:

"a. Stacking goods on vehicles exceeding the specified limit; carrying flammable or explosive goods in violation of regulations."

6. Clause 3 of Article 10 shall be amended as follows:

"Article 10. Imposing fines on persons operating pedicabs, bicycle trailers, and similar vehicles violating traffic safety and order.

3. A fine of VND 500,000 for the act of: illegally racing pedicabs, bicycle trailers, carrying flammable or explosive goods in violation of regulations."

7. Article 11 is supplemented and amended as follows:

"Article 11. Imposing fines on persons operating motorcycles, motorbikes, motorcycle trailers, motorized pedicabs, and similar vehicles violating traffic safety and order.

1. A fine of VND 50,000 for one of the following acts:

a. Operating outside the designated lane, on sidewalks.

b. Using umbrellas or mobile phones while operating the aforementioned vehicles.

c. Parking or stopping on the road, in places where parking or stopping is prohibited.

d. Operating the aforementioned vehicles with more passengers than allowed, or carrying bulky goods; operating the aforementioned vehicles in a row of two or more.

đ. Operating the aforementioned vehicles as defined in this Article by persons under 16 years old.

e. Not signaling when changing direction in areas with limited visibility; using high-beam lights in cities, towns, or market towns; honking in areas where honking is prohibited or disturbing quietness from 10 PM to 5 AM.

g. Gathering in groups of three or more vehicles on the road, sidewalks, bridges.

h. Not carrying the motorcycle registration certificate.

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

a. Operating vehicles at speeds exceeding the limit; entering prohibited roads or areas.

b. Not yielding the right-of-way to priority vehicles or other vehicles requesting to overtake according to regulations.

c. Crossing the road, bridge, ferry, or dangerous sections without complying with traffic lights, signs, signals, or instructions from traffic police or traffic guidance personnel.

d. Using motorcycles, motorbikes, motorcycle trailers, motorized pedicabs to pull, push, or cling to animals or objects or other vehicles.

đ. Operating vehicles without lights, horns, brakes, or with those that are non-functional; operating vehicles with priority horns or car horns; vehicles with license plates that are blurred or bent.

e. Operating a motorcycle, motorbike, motorcycle trailer, or motorized rickshaw without a driving license as prescribed.

g. Lending a driving license.

h. Refusing to comply with traffic police inspections when there are signs of violations of traffic regulations.

i. Not processing procedures for transferring regions or ownership rights of vehicles as stipulated by law.

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

a. Driving a vehicle at high speed from inside a house, alley, or lane onto a main road and vice versa.

b. Driving an unregistered vehicle or a registered vehicle but with incorrect number plates as stated in the registration certificate, or a vehicle without number plates or with fake number 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 a muffler; scraping the ground with the footrest while the vehicle is moving.

b. Driving a vehicle after consuming alcohol, beer, or other stimulants exceeding the prescribed limit.

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

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

a. Weaving, swerving, chasing each other while driving, riding a motorcycle on one wheel on a public road.

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

c. Modifying the characteristics of the vehicle.

d. Causing an accident and then fleeing.

đ. Altering or repairing vehicle registration certificates, engine numbers, frame numbers but not to the extent of criminal liability.

e. Transporting flammable or explosive goods without complying with regulations.

6. A fine of 2,000,000 VND shall be imposed on the following acts:

a. Weaving, swerving, chasing each other causing accidents but not to the extent of criminal liability.

b. Weaving, swerving, chasing each other and failing to comply with orders to stop issued by law enforcement officers.

7. In addition to fines, those who operate motorcycles, motorbikes, motorcycle trailers, or motorized rickshaws violating the provisions of this Article shall be handled as follows:

a. Violating point b Clause 4, points a, d Clause 5 shall have their driving licenses revoked for sixty days.

b. Violating Clause 6 shall have their driving licenses revoked; if they reoffend, their vehicles shall be confiscated.

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

8. Article 13 is amended as follows:

"Article 13. Imposing fines on persons operating motor vehicles that violate traffic regulations.

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

a. Operating various types of motor vehicles outside the designated lanes, routes, or times.

b. Parking, stopping, avoiding, overtaking, reversing, turning right or left in violation of regulations.

c. Using horns in cities, towns, or townships or where prohibited by signs; using high-beam lights from 22:00 to 05:00 in cities, towns, or townships; using high-beam lights from 19:00 to 05:00 when facing oncoming traffic.

d. Number plates being blurred, covered, or insufficient according to regulations; incorrectly positioned number plates.

đ. Operating vehicles lacking horns, headlights, signal lights, windshield wipers, windshields, or rearview mirrors.

2. A fine of 300,000 VND shall be imposed on any of the following acts:

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

b. Exceeding the prescribed speed limits; operating vehicles at high speeds from alleys, lanes, or secondary roads onto main roads or vice versa.

c. Failing to yield to other vehicles when signaled to do so or failing to yield to vehicles on main roads.

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

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

e. Failing to transport injured persons through areas where accidents have occurred.

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

h. Using fake number plates.

k. Driving licenses expired but still within the renewal period; safety and environmental protection inspection certificates expired without the vehicle being reinspected.

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

a. Failing to yield 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. Carrying bamboo, reeds, 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 traffic police or traffic guides during inspections or controls when violating.

g. Lending or renting driving licenses; handing over unsafe vehicles to drivers or to those without driving licenses.

h. Failing to maintain the minimum safe distance as specified by signs.

i. Parking, stopping, or opening doors causing accidents to others without reaching the level of criminal liability.

k. Loading cargo off-center.

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

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

b. Practicing driving without a learner's permit; without a supervisor sitting beside; without a learner's plate as prescribed; without additional brake parts and rearview mirrors; operating on public roads without permission; operating outside designated routes or areas.

c. Overloading vehicles beyond their permitted weight.

d. Using cargo trucks to carry passengers without authorized permission or in violation of regulations.

đ. Operating vehicles without a driving license or with an inappropriate driving license; without a safety and environmental protection inspection certificate; unregistered vehicles; vehicles not transferred to another region or without operational permits as prescribed.

e. Altering or modifying vehicle registration certificates, engine numbers, frame numbers, safety and environmental protection inspection certificates, or other documents but not to the extent of criminal liability.

g. Using any of the following fake documents: driving license, safety and environmental protection inspection certificate, vehicle registration certificate.

h. The driver of a motor vehicle violates regulations and resists law enforcement officers when being processed but does not reach the level of criminal prosecution.

5. A fine of 2,000,000 VND for any of the following acts:

a. Causing an accident and fleeing the scene but does not reach the level of criminal prosecution.

b. Borrowing or renting assembled parts to evade inspection by authorized authorities.

6. A fine of 5,000,000 VND for transporting dangerous substances, flammable, and explosive materials without compliance with regulations or parking or stopping illegally in crowded areas or important facilities.

7. A fine of 20,000,000 VND for illegal car racing. In cases where illegal car racing involves resisting law enforcement officers but does not reach the level of criminal prosecution or repeated illegal car racing, a fine of 50,000,000 VND shall be imposed, the vehicle confiscated, and the driving license revoked.

8. In addition to fines, drivers who violate this provision shall also be required to:

a. Violating point a Clause 4, point a Clause 5, Clause 6 shall have their driving license revoked for a period of 90 days.

b. Violating point c Clause 4 must unload immediately and bear the costs of unloading.

c. Violating point a Clause 5 must compensate for damages.

9. Article 14 is amended as follows:

"Article 14. Sanctioning the driver of passenger vehicles and passengers on the vehicle for violating traffic order and safety.

1. A fine of 100,000 VND for passengers committing any of the following acts:

a. Causing disorder on the vehicle.

b. Obstructing passenger transportation.

c. Threatening the lives, health, property of passengers, drivers, and conductors but not reaching the level of criminal prosecution.

d. Hanging onto, sitting on the roof of the vehicle, or engaging in other actions that do not ensure safety while the vehicle is moving.

2. A fine of 200,000 VND for the driver of a passenger vehicle committing any of the following acts:

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

b. Picking up or dropping off passengers while the vehicle is moving, at unauthorized locations, prohibited stops, prohibited parking areas, or places with obstructed visibility.

c. Not closing the doors for boarding or alighting once the vehicle has started moving.

3. A fine of 500,000 VND for the driver of a passenger vehicle committing any of the following acts:

a. Allowing people to hang onto or sit on the door, seat on the edge of the vehicle, or sit on the roof.

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

c. Carrying more passengers than allowed for each type of vehicle.

d. Carrying animals, smelly goods, or items affecting health together with passengers.

đ. Stopping passengers to avoid inspection or control by authorized personnel.

4. A fine of 2,000,000 VND for carrying dangerous substances, flammable, and explosive materials together with passengers.

5. In addition to fines, the driver of a passenger vehicle who violates the provisions of this article shall also be required to:

a. Violating points a, c Clause 2; points a, c, d Clause 3; Clause 4 must immediately implement measures to ensure traffic safety.

b. Violating point c Clause 3; Clause 4 shall have their driving license revoked for a period of 90 days.

6. The driver of a passenger vehicle who violates the provisions of Article 13 of this Decree shall also be sanctioned according to the provisions of that article."

10. Clause 2, 3 Article 15 is amended as follows:

"2. A fine of 500,000 VND for the driver of a "Công nông" vehicle, "Bông sen" vehicle, and similar types of vehicles committing any of the following acts:

a. Carrying passengers.

b. Not having sufficient lights, horns, brakes, or having those but they are no longer functional.

c. Carrying flammable and explosive goods without compliance with regulations.

3. The driver of a "xe lam," "Công nông" vehicle, "Bông sen" vehicle, and similar types of vehicles who violate the provisions of Articles 13, 14, and 17 of this Decree shall be sanctioned according to the provisions of those articles."

11. Article 16 is amended as follows:

"Article 16. Sanctioning the driver of tracked vehicles, vehicles exceeding the weight limit of roads and bridges, and vehicles exceeding the size limit of roads and bridges for violating traffic order and safety.

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

a. Operating a vehicle on the road, over a bridge, or on a ferry without a permit or with an expired permit.

b. Not adhering to the designated route specified in the permit.

2. A fine of 2,000,000 VND for any of the following acts (excluding vehicles that have been issued special circulation permits):

a. Transporting goods with a total weight after deducting permissible error exceeding the permitted load capacity of the road or bridge by 2%.

b. Transporting goods exceeding the size limit of the road or bridge by less than 50 cm in height, less than 20 cm in width, or less than 150 cm in length.

3. A fine of 3,000,000 VND for the following acts:

a. Transporting goods with a total weight after deducting permissible error exceeding the permitted load capacity of the road or bridge by more than 2%.

b. Transporting goods exceeding the size limit of the road or bridge beyond the limits set out in point b, Clause 2 of this article.

4. In addition to fines, the driver of the vehicle who commits the acts stipulated in this article shall also have their driving license revoked for 60 days, be required to unload immediately the excess weight, dismantle the excess size; all costs incurred and equipment for unloading and dismantling shall be borne by the vehicle owner and the driver."

12. Point a Clause 5 Article 17 is amended as follows:

"a. Violating Clause 3 of this article, if the driver is also the vehicle owner, their driving license shall be revoked for a period of 180 days and the safety and environmental protection inspection certificate shall be recalled."

13. Clause 2 Article 20 is amended as follows:

"2. Specialized traffic transport inspectors have the authority to impose sanctions on violations stipulated in Articles 4, 5, 6, 7, 16, and 18 of this Decree."

14. Clause 5 Article 22 is amended as follows:

"5. The head of the Traffic Police Department of provinces and centrally governed cities; the head of the Administrative Management Police Department of provinces and centrally governed cities; the heads of special task units and mobile police units at battalion level and above have the authority to impose sanctions like the head of the county-level public security agency."

15. Clause 6 Article 22 is amended as follows:

"6. The Director of the Highway and Railway Traffic Police Department and the Director of the Administrative Management Police Department for Social Order have the authority:

a. To issue a warning;

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

c. Ato apply additional penalties and measures to remedy consequences as stipulated in Clause 4, Article 22 of this Decree."

16. Article 23 shall be amended as follows:

"Article 23. Authority to Impose Penalties of Specialized Transport Inspection:

1. Specialized transport inspectors have the authority:

a. To issue a warning;

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

c. To confiscate contraband items of vehicles violating regulations up to five hundred thousand dong;

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

đ. To compel implementation of measures to ensure traffic safety.

2. The Head of the Specialized Transport Inspection Department under the Department of Transportation (public works) or the Road Management Zone has the authority:

a. To issue a warning;

b. To impose a fine up to ten million dong for violations stipulated in this Decree;

c. To compel compensation for damages caused by administrative violations up to one million dong;

d. To apply additional penalty forms and remedial measures as provided for in Clause 1 of Article 23 of this Decree."

Article 2. This Decree takes effect 15 days after the date of signature. Previous regulations contrary to this Decree are abolished.

Article 3. Ministers, Heads of ministerial-level agencies, and Heads of government agencies within their respective functions and tasks are responsible for guiding and implementing this Decree. Chairpersons of People's Committees of provinces and centrally governed cities shall establish regulations and implementation plans based on local conditions and their authorities.

Article 4. Ministers, Heads of ministerial-level agencies, Heads of government agencies, and Chairpersons of People's Committees of provinces and centrally governed cities are responsible for enforcing this Decision./.