GOVERNMENT ------	SOCIALIST REPUBLIC OF VIETNAM Independence – Freedom – Happiness ---------------
No. 100/2019/ND-CP	Hanoi, December 30, 2019

 

DECREE

ADMINISTRATIVE PENALTIES FOR ROAD TRAFFIC OFFENCES AND RAIL TRANSPORT OFFENCES

Pursuant to the Law on Government organization dated June 19, 2015;

Pursuant to the Law on Penalties for administrative violations dated June 20, 2012;

Pursuant to the Law on Road traffic dated November 13, 2008;

Pursuant to the Law on Rail transport dated June 16, 2017;

At the request of Minister of Transport;

The Government promulgates Decree on administrative penalties for road traffic offences and rail transport offences.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

1. This Decree deals with administrative violations, penalties, fines, remedial measures, the power to impose penalties and fines for road traffic offences and rail transport offences.

2. Other Decrees on administrative penalties for corresponding violations shall apply to administrative violations pertaining road traffic and rail transport that are not regulated by this Decree.

Article 2. Regulated entities

1. Organizations and individuals that commit road traffic offences and rail transport offences within the territory of Socialist Republic of Vietnam.

2. Organizations prescribed in Clause 1 of this Article include:

a) Regulatory agencies committing violations that are not related to assigned state management tasks;

b) People’s armed forces;

c) Public service providers;

d) Agencies of the Communist Party of Vietnam;

dd) Socio-political organizations, socio-political-professional organizations, social organizations and socio-professional organizations;

e) Economic organizations established under Law on Enterprises include: Sole proprietorships, joint-stock companies, limited liability companies, partnerships and entities affiliated to enterprises (branch offices, representative offices);

g) Economic organizations established under Cooperative Law include: Cooperatives and unions of cooperatives;  

h) Organizations established under Law on Investment include: Domestic investors, foreign investors and foreign invested economic organizations; branch offices and representative offices of foreign traders and enterprises in Vietnam; representative offices of foreign trade promotion organizations in Vietnam;

i) Other organizations established as per the law.

3. Household businesses, households and artels committing administrative offences specified in this Decree shall be sanctioned similar to individual offenders.

4. Competent individuals capable of making records, imposing administrative penalties and organizations and individuals relating to imposing administrative according to this Decree. 

Article 3. Term interpretation

In this Decree, terms below are construed as follows:

1. Road traffic:

a) “Tractor-trailer” means a motor vehicle with a steering wheel that tows a trailer (which can be detached from the tractor);

b) “Car-like vehicle” means a motor vehicle that has two axles and four or more wheels, an engine and cargo bed (if any) of which are on the same chassis (including electricity-powered 4-wheel vehicles);

c) “Motorcycle-like vehicle” means a motor vehicle that has two or three wheels with a cylinder capacity of 50 cm3 or higher, maximum speed over 50 km/h and net weight not exceeding 400 kg;

d) “Electric motorcycle” means a two-wheel vehicle operated by an electric engine with power not exceeding 4 kW and maximum speed not exceeding 50 km/h;

dd) “Moped” means a motor vehicle operated by an engine, having two or three wheels with a maximum speed not exceeding 50 km/h, except those specified in Point e of this Clause;

e) “Motored bicycle” means a two-wheel bicycle that is equipped with an engine with a maximum speed not exceeding 25 km/h. A motor bicycle is still operational with its engine off.

2. Rail transport:

a) “Humps” are a system serving railway shunting. When the consist is shoved by a locomotive to the top of the hump where the coaches shall be detached and propelled by gravity to various tracks in the classification yard;

b) “Kicking” means a method where momentum of the consist is used to propel the coaches to various tracks in the classification yard;

c) “Dropping” means a method where potential energy of the classification track is used to propel the coaches to various tracks in the classification yard;

d) “Detachment” means a method where a group of coaches is detached while the consist is moving;

dd) “Signaling code” means the regulations on orders, signals and proper responses to such orders and signals;

e) “Warnings” are written notifications to railway workers that directly serve the train operation of unusual conditions of the railway infrastructure, the railway vehicles, and other cases, specifying measures for ensuring train operation safety;

g) “Railway clearance” means the space along the railway line that ensures the train is not struck against while running;

h) “Crossing length” means the length of the part of road that crosses the railway line and lies between two barriers, or the distance between two outer rails of the bridge plus (+) 06 meters to both sides if no barriers are available;

i) “Length of the road-rail bridge” means the distance between two barriers, or the distance between two abutments of the bridge plus (+) 10 meters to both sides if no barriers are available.

Article 4. Remedial measures and implementation principles

1. Remedial measures for damage caused by administrative road traffic offences and rail transport offences:

a) Enforced restoration to original conditions prior to the violations;

b) Enforced removal of the construction or part of the construction that is not licensed or built against the license;

c) Enforced adoption of measures to remediate environmental pollution caused by the violations;

d) Enforce re-export of transports from Vietnam;

dd) Enforced return of the illegal profits generated by the violation;

e) Other remedial measures specified in Clause 2 and Clause 3 of this Article.

2. Other remedial measures in road traffic:

a) Enforced removal of objects obstructing sight of road signs and traffic lights or enforced relocation of trees planted in incorrect spots; 

b) Enforced collection of rice, straw, agro-forestry-fishery products, garbage, wastes, vehicles, materials, goods, machinery, equipment, signboards, advertising panels, nails, pointy and sharp objects, string and other materials, obstacles;

c) Enforced immediate adoption of measures to ensure traffic safety as per the law or enforced erection of construction notice boards containing adequate information as per the law;

d) Enforced reconstruction of coach station, parking lots, rest stops and tollbooths satisfactory to regulations and law and technical standards;

dd) Enforced addition or repair of lost or damaged road signs and repair of damaged road infrastructure;

e) Enforced installation of adequate equipment, replacement with equipment satisfactory to technical safety standards, restoration of technical attributes of vehicles and equipment in accordance with regulations and law or removal of equipment whose installation is against the law; 

g) Enforced allocation of other vehicles for transportation of number of passengers exceeding maximum passenger capacity of the vehicles;

h) Enforced adequate and accurate registration and declaration of information as per the law;

i) Enforced installation of roof signs specifying “TAXI” or enforced display of phrases “XE TAXI” (taxi), “XE HỢP DỒNG” (vehicle operated under contracts) or “XE DU LỊCH” (vehicles for tourism);

k) Enforced issuance of “Thẻ nhận dạng lái xe” (driver identification) for drivers as per the law; 

l) Enforced organization of professional training or periodic medical check-up for drivers and on-board staff as per the law;

m) Enforced entering into contracts with drivers and on-board staff;

n) Enforced development and execution of procedures to ensure traffic safety as per the law;

o) Enforced designation of eligible personnel directly operating transport activities as per the law;

p) Enforced installation of cameras, seat belts, taximeters, receipt printers and tracking units on vehicles as per the law;

q) Enforced provision, update, transmission, storage and management of information from the tracking units and cameras installed on vehicles as per the law;

r) Enforced provision of username and password for log into software that processes data from the tracking units of automobiles or servers of entities for competent agencies as per the law;

s) Enforced adequate and accurate preparation, update and storage of vehicles’ background, occupation background of drivers and relevant documents during management and operation of transportation as per the law;

t) Enforced restoration of brands and paint color as specified in Vehicle registration as per the law or enforced compliance with regulations on license plates and lettering on sides and doors of vehicles;

u) Enforced restoration to original shape, size or technical safety conditions of vehicles and re-registration before allowing the vehicles to participate in road traffic;

v) Enforced adjustment to trunks of vehicles in accordance with applicable regulations and law, re-registration and adjustment to loads permitted for transport as specified in certificates of technical and environmental safety  as per applicable law prior to allowing the vehicles to participate in traffic;

x) Enforced adoption of procedures for vehicle registration, ownership transfer, revision or revocation of vehicle registration, license plates and certificates of technical and environmental safety;

y) Enforced relocation of vehicles to special commercial economic zones and economic zones at international border checkpoints.

3. Other remedial measures in rail transport:

a) Enforced correct and adequate installation and maintenance of usual operation of warning and signaling systems and equipment as per the law; 

b) Enforced organization of brake tests or organization of protection measure testing as per the law;

c) Enforced positioning of coaches carrying dangerous commodities (explosives, flammable substances) as per the law or switch of railway to other routes according to regulations and law on shunting;

d) Enforced removal from railway, railway bridges and tunnels;

dd) Enforced removal of dirt, rock, sand, obstacles, straw, agriculture products, wastes, toxic substances, flammable substances, explosives, materials and other items from railways, railway structure or vicinity of land area for rail transport;

e) Enforced relocation of ships, boats, other watercrafts or objects within the safety perimeter of the railway bridge;

g) Enforced relocation of road transports, materials, machinery, equipment, commodities, warning signs and temporary signs away from railway clearance;

h) Enforced immediately adoption of measures to ensure railway structure safety and rail transport safety as per the law;

i) Enforced removal of objects obstructing sight of signs, markers and signals of railway structure or relocation of slabs made of concrete, wooden, metal or other material (illegally placed) out of safety perimeter of railway, reduction cut with respect to trees exceeding maximum height or relocation of trees planted against regulations and law affecting safety of railway structure and transport;

k) Enforced removal of (illegally placed) vehicles, equipment, materials, goods, wastes, or other items out of safety perimeter of railway or railway safety corridor;

l) Enforced removal or relocation of structure, houses, tents or buildings obstructing construction, innovation, expansion and safety assurance of railway structure or enforced removal or relocation of tents, buildings, advertising panels, direction signs, instruction signs and other objects (illegally placed, erected or established) obstructing vision from land area for rail transport or enforced demolition of expired constructions, demolition of constructions that are revoked or have permits cancelled; 

m) Enforced fortification, relocation or innovation of construction affecting rail transport safety at request of competent agencies;

n) Enforced repair, addition, replacement or fortification of damaged parts of railway infrastructure satisfactory to publicized maximum speed order and maximum load order.

o) Enforced provision of safety equipment, signals, signs and protection signals as per the law;

p) Enforced positioning of vehicles, materials and construction machinery as per the law and not obstructing train operation;

q) Enforced adequate installation as per the law, replacement with equipment satisfactory to technical safety standards or restoration of technical attributes of equipment such as: automatic and manual train stop; emergency brake and pressure gauges (at working station of conductors and on passenger cars); devices attaching locomotives and cars; end of train devices; speedometers, devices recording speed and information relating to train operation (black boxes); alerter devices to keep train operators awake; speed measuring devices, devices enabling communication between conductors and operators (at working station of conductors);   

r) Enforced restoration to original structure, shape and use functions of vehicles prior to allowing the vehicles to participate in rail transport; 

s) Enforced adequate provision of following instruments on passenger trains and cargo trains: escape equipment, fighting equipment and materials, first-aid kits, tools and materials for minor repairs, equipment for choking and signaling;

t) Enforced relocation of offenders to positions as per the law or removal of individuals and cargoes from locomotives;

u) Enforced allocation of other vehicles for transportation of number of passengers exceeding maximum passenger capacity of cars;

v) Enforced revocation and disposal of specialized license and certificates illegally issued;

x) Enforced removal of corpses, cremains, live animals, diseased animals, flammable substances, explosives, weapons, dangerous commodities from trains (at the nearest station in case of running trains), to stations for disposal as per the law;

y) Enforced timely implementation of special and social security transportation tasks at request of heads of competent regulatory agencies as per the law.

4. The rules for taking remedial measures are specified in Clause 2 Article 28 of the Law on Penalties for administrative violations.

Chapter II

VIOLATIONS, PENALTIES, FINES, AND REMEDIAL MEASURES FOR ADMINISTRATIVE ROAD TRAFFIC OFFENCES

Section 1. VIOLATIONS AGAINST TRAFFIC RULES

Article 5. Penalties imposed upon operators of cars and car-like vehicles violating traffic rules

1. A fine ranging from VND 200,000 to VND 400,000 shall be imposed upon a vehicle operator who commits any of the following violations:

a) Failure to comply with road signs and road markings, except for violations specified in Points a, d, g, h, i and k Clause 2; Points a, d, dd, e, k, l, o, r and s Clause 3; Points b, c, d, dd and i Clause 4; Points a, c, d, dd, e, g and i Clause 5; Points a and b Clause 6; Points a and c Clause 7; Point a Clause 8 of this Article;

b) Turning without yielding to the pedestrians and wheelchairs of the disabled that cross the street at crosswalks, or without yielding to non-motorized vehicles running in the cycle lane.

c) Turning without yielding to oncoming vehicles, the pedestrians and wheelchairs of the disabled that cross the street at other positions than crosswalks;

d) Stopping or parking without signaling;

dd) Occupying part of the roadway when parking on the street without placing a warning sign as prescribed, except for the violations specified in Point c Clause 6 of this Article and parking at permissible positions;

e) No placement of signs in front of the towing vehicle and behind the towed vehicle; operating a tractor-trailer without signs as prescribed;

g) Honking from 10 pm to 5 am in urban and residential areas, except for emergency vehicles on duty as per the law;

2. A fine ranging from VND 400,000 to VND 600,000 shall be imposed upon a vehicle operator who commits any of the following violations:

a) Changing lanes where prohibited or without signaling, except for the violations specified in Point g Clause 5 of this Article;

b) Operating the vehicle at a lower speed than that of other vehicles in the same direction without moving to the right of the roadway, unless the other vehicles are running faster than the legal limit;

c) Carrying more people in the cockpit than the legal limit;

d) Failure to comply with regulations on yielding at intersections, except for the violations specified in Points m and n Clause 3 of this Article;

dd) Operating a vehicle that involves in an accident without stopping the vehicle, protecting the crash scene, or giving first aid to the victims, except for the violations specified in Point b Clause 8 of this Article;

e) Operating an emergency vehicle without conformable warning devices or using warning devices without a license issued by a competent authority or without an unexpired one;

g) Stopping, parking on the roadway outside urban areas where the sidewalk is spacious enough; stopping or parking away from the right curb where the sidewalk is narrow or there is no sidewalk; stopping, parking against the traffic direction; stopping or parking on median barriers between carriageways; parking on a slope without choking the wheels; opening doors carelessly or leaving doors unsafely open;

h) Failure to stop the vehicle close to the sidewalk on the right side, or the right wheel is more than 0.25 m away from the side walk; stopping on the tramway or bus lane; stopping right above a manhole, cable duct opening, at a fire hydrant; getting out of the driving position or turning off the engine while stopping; stopping or parking at inappropriate positions where parking space is provided; stopping or parking at the crosswalk; stopping where a “Cấm dừng xe và đỗ xe” (No stopping and parking) sign is erected, except for the violations specified in Point i Clause 4 and Point b Clause 6 of this Article;

i) Making a u-turn in a residential area against the rules;

k) Making a u-turn at pedestrian crossings, on bridges, bridge approaches, in tunnels, under overpass, except for cases in which places for u-turn are established in locations above. 

3. A fine ranging from VND 800,000 to VND 1,000,000 shall be imposed upon a vehicle operator who commits any of the following violations:

a) Exceeding the speed limits by from 5 km/h to under 10 km/h;

b) Continuously honking, revving up the engine, using air horns or high beam in an urban area or residential area, except for emergency vehicles on duty;

c) Turning without slowing down or signaling (unless going along a curved segment where there is no intersection);

d) Failure to obey the regulations on stopping or parking at intersection with the railway; stopping or parking within the railway safety perimeter, except for the violations specified in Point b Clause 2, Point b Clause 3 Article 49 hereof;

dd) Stopping or parking on the left side of a one-way road, on a curved road or near the top of the slope where view is blocked, on a bridge, under an overpass, parallel to a stopping or parking vehicle, at an intersection within 05 m from the edge of the intersection, at a bus stop, in front of or within 05 m beside a gate of an organization that has car way, on a road that is wide enough for only one lane; stopping or parking in a manner that block road signs; stopping or parking at median barriers;

e) Failure to stop the vehicle close to the sidewalk on the right side, or the distance from the right wheel to the sidewalk exceeds 0.25 m; stopping on the tramway or bus lane; stopping right above a manhole, cable duct opening, at a fire hydrant; parking on the sidewalk against the law; parking where a “Cấm đỗ xe” (No parking) sign or “Cấm dừng xe và đỗ xe” (No stopping and parking) sign is erected, except for the violations specified in Point i Clause 4 and Point b Clause 6 of this Article;

g) Failure to turn on the lights or using insufficient lighting from 7 pm to 5 am or in a foggy or bad weather when visibility is short; using the full beam when facing oncoming vehicles;

h) Towing another vehicle or object (except for a trailer, semi-trailer, car, or heavy-duty vehicle that cannot run itself); operating a car pushing another vehicle or object; towing a trailer or semi-trailer and another trailer or another vehicle or object; failure to safely connect the towing and towed vehicles;

i) Carrying passengers on the towed vehicle, except for the driver;

k) Making a u-turn at a level crossing; making a u-turn at narrow section of the road, on a slope, on a curve section of the road with limited sight or at location erected with the sign “Cấm quay đầu xe” (No u-turn allowed);

l) Causing a collision with the vehicle ahead due to failure to keep a safe distance; failure to keep the safe distance in accordance with the “Cự ly tối thiểu giữa hai xe” (Safety distance) sign, except for the violations specified in Point g Clause 5 of this Article;

m) Failure to reduce speed and yield when joining the traffic from an alley or when moving from a small road to a major road;

n) Failure to yield to vehicles in the emergency lane or on the major road at an intersection;

o) Reversing the vehicle on a one-way road or a road where a “Cấm đi ngược chiều” (No entry) sign is erected, where stopping is prohibited, at a crosswalk, at an intersection with another road or railway, where view is blocked; reversing the vehicle without observation or without signals; except for cases specified in Point a Clause 8 of this Article;

p) Failure to fasten seat belt while operating the vehicle;

q) Carrying passengers who fail to fasten the seat belts (if available) while the vehicle is running;

r) Failure to turn on low beam while operating the vehicle in a road tunnel;

s) Operating the vehicle at a lower speed than the lowest permissible speed.

4. A fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed upon a vehicle operator who commits any of the following violations:

a) Using a cell phone with hands while operating the vehicle on public roads;

b) Entering prohibited areas, roads erected with signs prohibiting entry of operated vehicles, except for violations specified in Point c Clause 5, Point a Clause 8 of this Article and emergency vehicles on missions;

c) Failure to stop vehicle ineligible for free-flow tolling from entering lanes for free-flow tolling at toll roads;

d) Stopping or parking on the left of one-way street or on the left (along direction of motion) of dual carriageway; on curve section of the road or near top of slopes where vision is obstructed; on bridges, under overpass, parallel with another parking or stopping vehicle, except for violations specified in Point b Clause 6 of this Article;

dd) Stopping, parking, making a u-turn against the rules and thus causing traffic congestion;

e) Using warning devices for emergency vehicles on a non-emergency vehicle;

g) Failure to take safety measures when the vehicle breaks down at an intersection with a railway;

h) Failure to yield overtaking vehicles provided safety conditions are satisfied;

i) Backing up or making a u-turn in road tunnels; stopping, parking or overtaking in road tunnels where such activities are not permitted.

5. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed upon a vehicle operator who commits any of the following violations:

a) Failure to comply with the traffic lights;

b) Failure to obey the orders or instructions of the traffic conductor or traffic guard;

c) Entering a blocked road or restricted area; going against traffic direction of a one-way road or a road where a “Cấm đi ngược chiều” (No entry) sign is erected, except for the violations specified in Point a Clause 8 of this Article and emergency vehicles on duty;

d) Overtaking in cases where overtaking is not permitted, overtaking in roads erected with signs prohibiting operated vehicles from overtaking; failure to signal before overtake; overtaking on the right of other vehicles in case not allowed to, except cases in which roads with multiple lanes with same direction of motion separated by road markings where vehicles on lanes on the right are faster than vehicles on lanes on the left;

dd) Failure to keep the vehicle to the right; going in the wrong lane (along or against traffic direction) except for cases specified in Point c Clause 4 of this Article; crossing the median strip; going on a sidewalk unless for entering a house;

e) Avoiding oncoming traffic against regulations and law, except for violations of using high beam when avoiding oncoming traffic specified in Point g Clause 3 of this Article; failure to yield to oncoming traffic as per the law in narrow or steep sections or in case of obstacles;

g) Failure to obey the rules when entering or leaving the freeway; going in the emergency lane or on the shoulder of the freeway; changing lanes on a freeway at inappropriate positions or without signals; failure to keep a safe following distance on the freeway;

h) Failure to yield to or obstructing emergency vehicles on duty that are sending out emergency signals;

i) Exceeding the speed limits by 10 km/h - 20 km/h.

6. A fine ranging from VND 6,000,000 to VND 8,000,000 shall be imposed upon a vehicle operator who commits any of the following violations:

a) Exceeding the speed limits by >20 km/h to 35 km/h;

b) Stopping or parking on freeway in locations against regulations and law; failure to provide signals to inform other drivers in case of compulsory stop or parking on freeway in locations against regulations and law; making a u-turn on freeway;

c) Operating a vehicle under the influence of alcohol but BAC does not exceed 50 mg per 100 ml of blood or BrAC does not exceed 0.25 mg per liter of breath;

7. A fine ranging from VND 10,000,000 to VND 12,000,000 shall be imposed upon a vehicle operator who commits any of the following violations:

a) Failure to observe, operating the vehicle exceeding speed limit thus causing accidents; stopping, parking, making a u-turn, backing, avoiding, overtaking, changing direction or changing lanes against regulations and law causing accidents; failure to operate in correct sections, lanes, failure to maintain safety distance between 2 vehicles as per the law thus causing accidents or entering roads erected with signs prohibiting entry of operated vehicles, going against traffic direction on one-way roads or on roads erected with “Cấm đi ngược chiều” (No entry) signs causing accidents, except for violations specified in Point a Clause 8 of this Article;

b) Weaving, speeding, chasing on public roads; steering a vehicle running on public roads with the legs;

c) Exceeding the speed limits by more than 35 km/h.

8. A fine ranging from VND 16,000,000 to VND 18,000,000 shall be imposed upon a vehicle operator who commits any of the following violations:

a) Going against the traffic direction on a freeway, backing up on a freeway, except for emergency vehicles on duty;

b) Failure to stop, protect the scene, inform the authority, or give first aid to the victim after causing an accident;

c) Operating the vehicle while BAC exceeds 50 - 80 mg per 100 ml of blood, or BrAC exceeds 0.25 - 0.4 mg per liter of breath;

9. A fine of VND 18,000,000 - VND 20,000,000 shall be imposed upon an operator who commits any of the violations specified in Point b Clause 7 of this Article and causes a traffic accident or fails to stop on a law enforcement officer’s order.

10. A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed upon a vehicle operator who commits any of the following violations:

b) Operating the vehicle while BAC exceeds 80 mg per 100 ml of blood, or BrAC exceeds 0.4 mg per liter of breath;

b) Failure to comply with the law enforcement officer’s order for alcohol content testing;

c) Operating vehicles on roads under influence of narcotics;

d) Failure to comply with traffic conductor’s or law enforcement officer’s order for drug testing.

11. Apart from incurring fines, the violating operator shall also incur the following additional penalties:

a) The violation(s) specified in Point e Clause 4 of this Article shall lead to confiscation of the warning device(s) installed illegally;

b) The violation(s) specified in Point dd Clause 2; Points h and i Clause 3; Clause 4; Points a, b, d, dd, g, h and i Clause 5 of this Article shall lead to suspension of driving license from 1 month to 3 months;

c) The violation(s) specified in Point c Clause 5; Points a and b Clause 6; Clause 7 of this Article shall lead to suspension of driving license from 2 months to 4 months. Committing violation(s) specified in Points a, d, dd, e and g of Clause 1; Points b, d and g of Clause 2; Points b, g, h, m, n, r and s of Clause 3; Points a, c, e, g and h of Clause 4; Points a, b, e, g and h Clause 5 of this Article and causing accidents shall lead to suspension of driving license from 2 months to 4 months;

d) The violation(s) specified in Clause 9 of this Article or repetition of violation(s) specified in Point b Clause 7 of this Article shall lead to suspension of driving license from 3 months to 5 months;

dd) The violation(s) specified in Points a and b Clause 8 of this Article shall lead to suspension of driving license from 5 months to 7 months;

e) The violation(s) specified in Point c Clause 6 of this Article shall lead to suspension of driving license from 10 months to 12 months;

g) The violation(s) specified in Point c Clause 8 of this Article shall lead to suspension of driving license from 16 months to 18 months;

h) The violation(s) specified in Clause 10 of this Article shall lead to suspension of driving license from 22 months to 24 months;

Article 6. Penalties imposed upon operators of mopeds and motorcycles (including electric motorcycles) and the like violating road traffic rules

1. A fine ranging from VND 100,000 to VND 200,000 shall be imposed upon a vehicle operator who commits any of the following violations:

a) Failure to comply with road signs and road markings, except for violations specified in Points c, dd, e and h Clause 2; Points d, g, i and m Clause 3; Points a, b, c, d and e Clause 4; Clause 5; Point b Clause 6; Points a and b Clause 7; Point d Clause 8 of this Article;

b) No signaling before overtaking;

c) Failure to keep a safe distance that leads to a collision with the vehicle ahead; failure to keep a safe distance in accordance with the sign “Cự ly tối thiểu giữa hai xe” (Safe distance);

d) Turning without yielding to the pedestrians and wheelchairs of the disabled that cross the street at crosswalks or non-motorized vehicles running in the cycle lane;

dd) Turning without yielding to oncoming vehicles, the pedestrians and wheelchairs of the disabled that cross the street at other positions than crosswalks;

e) Reversing motor tricycles without observation or signaling;

g) Carrying a passenger who uses an umbrella;

h) Failure to comply with regulations on yielding at intersections, except for the violations specified in Points b and e Clause 2 of this Article;

i) Changing lanes where prohibited or without signaling;

k) Going three abreast or more;

l) Failure to turn on the lights from 7 pm to 5 am or in a foggy or bad weather when visibility is short;

m) Dodging oncoming vehicles improperly; using high beams while avoiding oncoming traffic; failure to yield to oncoming vehicles where the road is narrow, sloping, or obstructed;

n) Honking from 10 pm to 5 am, using the high beam in rural areas or residential areas, except for emergency vehicles on duty;

o) Operating an emergency vehicle without conformable warning devices or using warning devices without a license issued by a competent authority or without an unexpired one;

p) Making a u-turn in places where making a u-turn is prohibited, except for violation(s) specified in Point d Clause 4 of this Article;

q) Operating the vehicle at a lower speed than the lowest permissible speed.

2. A fine ranging from VND 200,000 to VND 300,000 shall be imposed upon a vehicle operator who commits any of the following violations:

a) Stopping, parking on the roadway outside urban areas where sidewalks are available;

b) Failure to reduce speed and yield when joining the traffic from an alley or when moving from a small road to a major road;

c) Exceeding the speed limits by from 5 km/h to under 10 km/h;

dd) Going slowly without keeping to the right of the roadway in a manner that obstructs the traffic;

dd) Stopping, parking on the roadway in a manner that obstructs the traffic; stopping in groups of 03 vehicles or more on the roadway or in a road tunnel; parking on the roadway or on the sidewalk in urban areas against the law;

e) Failure to allow another vehicle to overtake when it is safe to do so; failure to yield to vehicles in the emergency lane or on the major road at the intersection;

g) Using warning devices for emergency vehicles on a non-emergency vehicle;

h) Stopping, parking on the tramway, at the bus stop, at an intersection, at a crosswalk; stopping where a “Cấm dừng xe và đỗ xe” (No stopping and parking) sign is erected, parking where a “Cấm đỗ xe” (No parking) sign or “Cấm dừng xe và đỗ xe” (No stopping and parking) sign is erected; breaking the rules on stopping and parking at intersection with the railway; stopping or parking within the railway safety perimeter, except for the violations specified in Point b Clause 2, Point b Clause 3 Article 49 of this Decree;

i) The operator or the passenger on the vehicle does not wear a motorcycle helmet or does not wear it properly;

k) Carrying a passenger who does not wear a motorcycle helmet properly, unless that person is a patient who needs urgent medical care, a child under 06 years of age, or a criminal being escorted;

l) Carrying two people on a vehicle, unless a person being carried is a person who needs urgent medical care, a child under 14 years of age, or a criminal being escorted;

m) The vehicle is operated by the person from behind another person, unless such the latter is a child.

3. A fine ranging from VND 400,000 to VND 600,000 shall be imposed upon a vehicle operator who commits any of the following violations:

a) Turning without slowing down or signaling (unless going along a curved segment where there is no level crossing);

b) Carrying 03 people or more on the vehicle;

c) Continuously honking, revving the engine in urban areas or residential areas, except for the emergency vehicles on duty;

d) Stopping or parking on a bridge;

dd) Going in groups in a manner that obstructs the traffic, except for the cases permitted by competent authorities;

e) Operating a vehicle that involves in an accident without stopping the vehicle, protecting the crash scene, or giving first aid to the victims, except for the violations specified in Point dd Clause 8 of this Article;

g) Failure to keep the vehicle to the right; going in the wrong lane; crossing the median strip; going on a sidewalk unless for entering a house;

h) Overtaking on the right side where prohibited;

i) Entering prohibited areas, roads erected with signs prohibiting entry of operated vehicles, except for violations specified in Clause 5, Point b Clause 6 of this Article and emergency vehicles on missions;

k) The operator’s or passenger’s pulling or pushing another vehicle or item while sitting on the vehicle; leading an animal or carrying a bulky object while sitting on the vehicle; standing on the seat, the cargo bracket, or sitting on the handle; loading cargo to the vehicle beyond permissible limits; towing another vehicle or object;

l) Exceeding the gross vehicle weight rating (GVWR) written on the Certificate of vehicle registration (if the GVWR is stated);

m) Failure to turn on low beam while operating the vehicle in a road tunnel.

4. A fine ranging from VND 600,000 to VND 1,000,000 shall be imposed upon a vehicle operator who commits any of the following violations:

a) Exceeding the speed limits by 10 km/h - 20 km/h;

b) Stopping or parking at inappropriate positions in a road tunnel;

c) Overtaking in cases where overtaking is prohibited, overtaking on roads erected with signs prohibiting operated vehicles from overtaking, except for violations specified in Point h Clause 3 of this Article;

d) Overtaking in road tunnels in inappropriate places; making u-turn in road tunnels;

dd) Failure to yield to or obstructing emergency vehicles that are sending out emergency signals;

e) Failure to comply with the traffic lights;

g) Failure to obey the orders or instructions of the traffic conductor or traffic guard;

h) Using an umbrella, cell phone, or audio device other than hearing aid devices while operating the vehicle.

5. A fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed upon vehicle operators entering blocked roads or restricted areas; going against traffic direction of one-way roads or roads where “Cấm đi ngược chiều” (No entry) signs are erected, except for the violations specified in Point b Clause 6 of this Article and emergency vehicles on duty as per the law.

6. A fine ranging from VND 2,000,000 to VND 3,000,000 shall be imposed upon a vehicle operator who commits any of the following violations:

a) Letting the sidestand or other object touching against the road while running;

b) Entering a freeway, except for the vehicles serving the management and maintenance of the freeway;

c) Operating a vehicle under the influence of alcohol but BAC does not exceed 50 mg per 100 ml of blood or BrAC does not exceed 0.25 mg per liter of breath;

7. A fine ranging from VND 4,000,000 to VND 5,000,000 shall be imposed upon a vehicle operator who commits any of the following violations:

a) Exceeding the speed limits by more than 20 km/h;

b) Failure to observe, operating the vehicle exceeding speed limit thus causing accidents; entering a freeway, stopping, parking, making a u-turn, backing, avoiding, overtaking, changing direction or changing lanes against regulations and law causing accidents; failure to operate in correct sections, lanes, failure to maintain safety distance between 2 vehicles as per the law thus causing accidents or entering roads erected with signs prohibiting entry of operated vehicles, going against traffic direction on one-way roads or on roads erected with “Cấm đi ngược chiều” (No entry) signs causing accidents, except for violations specified in Point d Clause 8 of this Article;

c) Operating the vehicle while BAC exceeds 50 - 80 mg per 100 ml of blood, or BrAC exceeds 0.25 - 0.4 mg per liter of breath.

8. A fine ranging from VND 6,000,000 to VND 8,000,000 shall be imposed upon a vehicle operator who commits any of the following violations:

a) Release both hands while operating the vehicle; steering with the legs; sitting on one side to operate the vehicle; lying on the seat while operating the vehicle; swapping positions while operating the vehicle; turning the whole body to the back or wearing a blind fold while operating the vehicle;

b) Weaving on public roads whether inside or outside an urban area;

c) Running on one wheel (or two wheel if the vehicle is a motor tricycle);

d) Exceeding the speed limits in a group of 02 vehicles or more;

dd) Failure to stop, protect the scene, inform the authority, or give first aid to the victim after causing an accident;

e) Operating the vehicle while BAC exceeds 80 mg per 100 ml of blood or BrAC exceeds 0.4 mg per liter of breath;

g) Failure to comply with the law enforcement officer’s order for alcohol content testing;

h) Operating vehicles on roads under influence of narcotics;

i) Failure to comply with traffic conductor’s or law enforcement officer’s order for drug testing.

9. A fine ranging from VND 10,000,000 to VND 14,000,000 shall be imposed upon an operator who commits any of the violations specified in Points a, b, c or d Clause 8 of this Article and causes a traffic accident or fails to stop on a law enforcement officer’s order.

10. Apart from incurring fines, the violating operator shall also incur the following additional penalties:

a) The violation(s) specified in Point g Clause 2 of this Article shall lead to confiscation of the warning device(s) installed illegally;

b) The violation(s) specified in Points b, e and i Clause 3; Points dd, e, g and h Clause 4; Clause 5 of this Article shall lead to suspension of driving license from 1 month to 3 months;

c) The violation(s) specified in Point a Clause 6; Points a and b Clause 7; Points a, b, c and d Clause 8 of this Article shall lead to suspension of driving license from 2 months to 4 months; repetition or multiple violations of offence(s) specified in Points a, b, c and d Claus 8 of this Article shall lead to suspension of driving license from 3 months to 5 months and confiscation of vehicle. Committing violation(s) specified in Points a, g, h, k, l, m and q of Clause 1; Points b, d, e, g, l and m of Clause 2; Points b, c, k and m of Clause 3; Points dd, e, g and h of Clause 4 of this Article and causing accidents shall lead to suspension of driving license from 2 months to 4 months;

d) The violation(s) specified in Point b Clause 6; Point dd Clause 8; Clause 9 of this Article shall lead to suspension of driving license from 3 months to 5 months;

dd) The violation(s) specified in Point c Clause 6 of this Article shall lead to suspension of driving license from 10 months to 12 months;

e) The violation(s) specified in Point c Clause 7 of this Article shall lead to suspension of driving license from 16 months to 18 months;

g) The violation(s) specified in Points e, g, h and i Clause 8 of this Article shall lead to suspension of driving license from 22 months to 24 months;

Article 7. Penalties imposed upon operators of tractors and heavy-duty vehicles (hereinafter referred to as vehicles) violating traffic rules

1. A fine ranging from VND 100,000 to VND 200,000 shall be imposed upon a vehicle operator who commits any of the following violations:

a) Failure to comply with road signs and road markings, except for violations specified in Points a, b, c, d, dd and e Clause 2; Points a, b, c, dd , h and i Clause 3; Points a, b, c, d, dd and g Clause 4; Points a, c and dd Clause 5; Points a and b Clause 6; Point a Clause 7; Points a and b Clause 8 of this Article;

b) Turning without yielding to the pedestrians and wheelchairs of the disabled that cross the street at crosswalks, or without yielding to non-motorized vehicles running in the cycle lane;

c) Turning without yielding to the oncoming vehicles, the pedestrians and wheelchairs of the disabled that cross the street at other positions than crosswalks.

2. A fine ranging from VND 200,000 to VND 400,000 shall be imposed upon a vehicle operator who commits any of the following violations:

a) Making a u-turn at pedestrian crossings, on bridges, bridge approaches, in tunnels, under overpass, except for cases in which places for u-turn are established in locations above; 

b) Reversing the vehicle on a one-way road or a road where a “Cấm đi ngược chiều” (No entry) sign is erected, where stopping is prohibited, at a crosswalk, at an intersection with another road or railway, where view is blocked; reversing the vehicle without observation or without signals;

c) Parking on the sidewalk against the law;

d) Stopping, parking on the roadway outside urban areas where the sidewalk is spacious; stopping or parking away from the right curb where the sidewalk is narrow or unavailable; stopping or parking against traffic direction of the lane; stopping or parking on median strip between carriageway; stopping or parking at inappropriate positions where parking positions are provided; parking on a slope without chocking the wheels; stopping where a “Cấm dừng xe và đỗ xe” (No stopping and parking) sign is erected; parking where a “Cấm đỗ xe” (No parking) sign “or “Cấm dừng xe và đỗ xe” (No stopping and parking) sign is erected, except for the violations specified in Point a Clause 6 of this Article;

dd) Stopping or parking on the left side of a one-way road or left of a dual carriageway, on a curved road or near the top of the slope where view is blocked, on a bridge, under an overpass, parallel to a stopping or parking vehicle, at an intersection within 05 m from the edge of the intersection, at a bus stop, in front of or within 05 m beside a gate of an organization that has car way, on a road that is wide enough for only one lane; stopping or parking in a manner that block road signs; on median strip except for violations specified in Point a Clause 6 of this Article;

e) Stopping or parking on the roadway against the law in urban area;; stopping on the tramway or bus lane; stopping right above a manhole, cable duct opening, at a fire hydrant or crosswalk; get out of the driving position or turning off the engine while stopping; opening the door carelessly or leaving the door unsafely open;

g) Stopping or parking without signaling;

h) Occupying part of the roadway when parking on the street without placing a warning sign as prescribed, except for the violations specified in Point a Clause 6 of this Article and parking at permissible positions;

3. A fine ranging from VND 400,000 to VND 600,000 shall be imposed upon a vehicle operator who commits any of the following violations:

a) Exceeding the speed limits by from 5 km/h to under 10 km/h;

b) Entering prohibited areas, roads erected with signs prohibiting entry of operated vehicles, except for violations specified in Point c Clause 4; Point a Clause 8 of this Article and emergency vehicles on missions

c) Failure to keep the vehicle to the right; going in the wrong lane (along or against traffic direction) ; crossing the median strip, except for cases specified in Points c and d Clause 4; Point a Clause 8 of this Article;

d) Continuously honking, revving the engine, using the high beam in the urban area or residential area, except for emergency vehicles on duty;

dd) Failure to yield to vehicles in the emergency lane or on the major road at an intersection;

e) Failure to turn on the lights or using insufficient lighting from 7 pm to 5 am or in a foggy or bad weather when visibility is short; using the full beam when facing oncoming vehicles;

g) Operating a vehicle that involves in an accident without stopping the vehicle, protecting the crash scene, or giving first aid to the victims, except for the violations specified in Point c Clause 8 of this Article;

h) Dodging other vehicles improperly; failure to yield to oncoming vehicles where the road is narrow, sloping, or obstructed;

i) Operating the vehicle at a lower speed than the lowest permissible speed.

4. A fine ranging from VND 800,000 to VND 1,000,000 shall be imposed upon a vehicle operator who commits any of the following violations:

a) Exceeding the speed limits by 10 km/h - 20 km/h;

b) Failure to turn on low beam while operating the vehicle in a road tunnel.

c) Entering a blocked road or restricted area; going against traffic direction of a one-way road or a road where a “Cấm đi ngược chiều” (No entry) sign is erected, except for the violations specified in Point a Clause 8 of this Article and emergency vehicles on duty;

d) Failure to obey the rules when entering or leaving the freeway; going in the emergency lane or on the shoulder of the freeway; changing lanes on a freeway at inappropriate positions or without signals; failure to keep a safe following distance on the freeway;

dd) Failure to obey the regulations on stopping or parking at intersection with the railway; stopping or parking within the railway safety perimeter, except for the violations specified in Point b Clause 2, Point b Clause 3 Article 49 hereof;

e) Failure to yield to or obstructing emergency vehicles on duty that are sending out emergency signals;

g) Making a u-turn at a level crossing; making a u-turn at narrow section of the road, on a slope, on a curve section of the road with limited sight or at location erected with the sign “Cấm quay đầu xe” (No u-turn allowed).

5. A fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed upon a vehicle operator who commits any of the following violations:

a) Backing or making a u-turn in road tunnels;

b) Failure to take safety measures when the vehicle breaks down at a level crossing;

c) Stopping or parking at inappropriate positions in a road tunnel;

d) Failure to obey the orders or instructions of the traffic conductor or traffic guard;

dd) Failure to comply with the traffic lights.

6. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed upon a vehicle operator who commits any of the following violations:

a) Stopping or parking on freeway in locations against regulations and law; failure to provide signals to inform other drivers in case of compulsory stop or parking on freeway in locations against regulations and law; making a u-turn on freeway;

b) Exceeding the speed limits by more than 20 km/h;

c) Operating a vehicle under the influence of alcohol but BAC does not exceed 50 mg per 100 ml of blood or BrAC does not exceed 0.25 mg per liter of breath.

7. A fine ranging from VND 6,000,000 to VND 8,000,000 shall be imposed upon a vehicle operator who commits any of the following violations:

a) Failure to observe, operating the vehicle exceeding speed limit thus causing accidents; stopping, parking, making a u-turn, backing, avoiding, overtaking, changing direction or changing lanes against regulations and law causing accidents; failure to operate in correct sections, lanes, failure to maintain safety distance between 2 vehicles as per the law thus causing accidents or entering roads erected with signs prohibiting entry of operated vehicles, going against traffic direction on one-way roads or on roads erected with “Cấm đi ngược chiều” (No entry) signs causing accidents, except for violations specified in Points a and b Clause 8 of this Article;

b) Operating a vehicle while BAC exceeds 50 - 80 mg per 100 ml of blood or BrAC exceeds 0.25 - 0.4 mg per liter of breath;

8. A fine ranging from VND 10,000,000 to VND 12,000,000 shall be imposed upon a vehicle operator who commits any of the following violations:

a) Backing on a freeway; going against traffic direction on a freeway;

b) Operating a heavy-duty vehicles with a designed maximum speed below 70 km/h or an agricultural tractor on a freeway, except for the vehicles and equipment serving the management and maintenance of the freeway;

c) Failure to stop, protect the scene, inform the authority, or give first aid to the victim after causing an accident.

9. A fine ranging from VND 16,000,000 to VND 18,000,000 shall be imposed upon a vehicle operator who commits any of the following violations:

a) Operating the vehicle while BAC exceeds 80 mg per 100 ml of blood, or BrAC exceeds 0.4 mg per liter of breath;

b) Failure to comply with the law enforcement officer’s order for alcohol content testing;

c) Operating vehicles on roads under influence of narcotics;

d) Failure to comply with traffic conductor’s or law enforcement officer’s order for drug testing.

10. Apart from incurring fines, the violating operator shall also incur the following additional penalties:

a) The violation(s) specified in Points b, c and g Clause 3; Points a, c, d and e Clause 4; Clause 5 of this Article shall lead to suspension of driving license (when operating tractors) and certificates of training in knowledge about the road traffic law (when operating heavy-duty vehicles) from 1 month to 3 months;

b) The violation(s) specified in Points a and b Clause 6; Point a Clause 7 of this Article shall lead to suspension of driving license (when operating tractors) and certificates of training in knowledge about the road traffic law (when operating heavy-duty vehicles) from 2 months to 4 months. Committing violation(s) specified in Point a Clause 1; Points e, g and h Clause 2; Points d, dd, e and i Clause 3; Points b, d and e Clause 4; Points b, d and dd Clause 5 of this Article and causing accidents shall lead to suspension of driving license (when operating tractors) and certificates of training in knowledge about the road traffic law (when operating heavy-duty vehicles) from 2 months to 4 months;

c) The violation(s) specified in Clause 8 of this Article shall lead to suspension of driving license (when operating tractors) and certificates of training in knowledge about the road traffic law (when operating heavy-duty vehicles) from 5 months to 7 months;

d) The violation(s) specified in Point c Clause 6 of this Article shall lead to suspension of driving license (when operating tractors) and certificates of training in knowledge about the road traffic law (when operating heavy-duty vehicles) from 10 months to 12 months;

dd) The violation(s) specified in Point b Clause 7 of this Article shall lead to suspension of driving license (when operating tractors) and certificates of training in knowledge about the road traffic law (when operating heavy-duty vehicles) from 16 months to 18 months;

e) The violation(s) specified in Clause 9 of this Article shall lead to suspension of driving license (when operating tractors) and certificates of training in knowledge about the road traffic law (when operating heavy-duty vehicles) from 22 months to 24 months;

Article 8. Penalties imposed upon operators of bicycles, motored bicycles (including electric bicycles), and other non-motorized vehicles violating traffic rules

1. A fine ranging from VND 80,000 to VND 100,000 shall be imposed upon a vehicle operator who commits any of the following violations:

a) Failure to keep the vehicle to the right; going in the wrong lane;

b) Stopping suddenly; turning without signaling;

c) Failure to comply with traffic signs and road markings, except for violations specified in Point dd Clause 2, Point c Clause 3 of this Article;

d) Overtaking on the right side where prohibited;

dd) Stopping, parking on the roadway outside urban areas where sidewalks are available;

e) Going through a road tunnel without turning on the lights; making a u-turn in a road tunnel; stopping or parking at inappropriate positions in a road tunnel;

g) Going three abreast or more with bicycles, motored bicycles; going two abreast or more with other non-motorized vehicles;

h) Using an umbrella or cell phone while operating the bicycle or motored bicycle; using an umbrella while sitting on the bicycle or motored bicycle;

i) Operating a non-motorized vehicle at night without lights or reflectors;

k) Placing the vehicle on the roadway or sidewalk against the law; parking on the roadway in a manner that obstructs the traffic; parking on the tramway or on the bridge in a manner that obstructs the traffic;

l) Failure to obey the regulations on stopping or parking at level crossing except for violations specified in Point b Clause 2, Point b Clause 3 Article 49 hereof;

m) Using trolleys as street kiosks in a manner that obstructs the traffic;

n) Failure to yield to vehicles in the emergency lane or on the major road at an intersection;

o) Carrying more people than the legal limit, unless the person being carried needs emergency care;

p) Loading cargo to the vehicle beyond the legal limit; stacking goods unsafely or in a manner that obstructs the traffic and block the operator’s view;

q) Operating a vehicle under the influence of alcohol but BAC does not exceed 50 mg per 100 ml of blood or BrAC does not exceed 0.25 mg per liter of breath.

2. A fine ranging from VND 100,000 to VND 200,000 shall be imposed upon a vehicle operator who commits any of the following violations:

a) Releasing both hands while operating a bicycle or motored bicycle; suddenly making a turn in front of a moving motor vehicle; steering a bicycle or motored bicycle with the legs;

b) Failure to comply with orders or instructions of the traffic conductor or traffic guard;

c) Pulling or pushing another vehicle or object or carrying bulky objects while operating or sitting on the vehicle; towing another vehicle or object.

d) Failure to allow other vehicles to overtake at their request when it is safe to do so; preventing motor vehicles from overtaking; obstructing emergency vehicles;

dd) Failure to comply with the traffic lights.

3. A fine ranging from VND 200,000 to VND 300,000 shall be imposed upon a vehicle operator who commits any of the following violations:

a) Weaving, speeding and chasing on public roads;

b) Running on one wheel (or two wheel if the vehicle is a tricycle);

c) Entering restricted areas; roads erected with signs prohibiting entry of operated vehicles; going against traffic direction on one-way streets, roads erected with “Cấm đi ngược chiều” (No entry) signs;

d) The operator of motored bicycle (including electric bicycle) not wearing motorcycle helmets properly or wearing helmets improperly;

dd) Carrying a person on a motored bicycle (including electric bicycle) who does not wear the motorcycle helmet or does not wear the helmet properly, unless that person is a patient who needs urgent medical care, a child under 06 years of age, or a criminal being escorted;

e) Operating a vehicle while BAC exceeds 50 - 80 mg per 100 ml of blood or BrAC exceeds 0.25 - 0.4 mg per liter of breath;

4. A fine ranging from VND 400,000 to VND 600,000 shall be imposed upon a vehicle operator who commits any of the following violations:

a) Entering a freeway, except for the vehicles serving the management and maintenance of the freeway;

b) Failure to stop, protect the scene, inform the authority, or give first aid to the victim after causing an accident;

c) Operating the vehicle while BAC exceeds 80 mg per 100 ml of blood or BrAC exceeds 0.4 mg per liter of breath;

d) Failure to comply with the law enforcement officer’s order for alcohol content testing.

5. Apart from incurring fines, the vehicle operator that recommits or commits many of the violations specified in Point a and Point b Clause 3 of this Article shall also have his/her vehicle confiscated.

Article 9. Penalties imposed upon pedestrians violating traffic rules

1. A fine ranging from VND 60,000 to VND 100,000 shall be imposed upon a pedestrian who commits any of the following violations:

a) Failure to stay on designated section of the road; crossing the median strip; crossing the street unsafely or at inappropriate positions;

b) Failure to comply with traffic light, traffic signs and road markings, except for violations specified in Clause 2 of this Article;

c) Failure to obey the orders or instructions of the traffic conductor or traffic guard;

d) Carrying bulky objects in a manner that obstructs the traffic;

dd) Hanging from a moving vehicle.

2. A fine ranging from VND 100,000 to VND 200,000 shall be imposed upon a pedestrian that walks on a freeway, except for the persons in charge of management and maintenance of the freeway.

Article 10. Penalties imposed upon people riding, leading animals, or operating of animal-powered vehicles violating traffic rules

1. A fine ranging from VND 60,000 to VND 100,000 shall be imposed for:

a) Failure to give way; failure to give hand signals when making a turn;

b) Failure to comply with traffic light, traffic signs and road markings, except for violations specified in Clause 3 of this Article;

c) Failure to bring adequate equipment to contain waste matters of animals or failure to clean up waste matters of animals on the street;

d) Riding or leading animals on the wrong part of the street; taking them to a blocked road, restricted area, or roadway;

dd) Allowing an animal to walk on public roads or cross the street by itself;

e) Going two abreast or more;

g) Leaving an animal drawing a vehicle without a rider;

h) Using a vehicle without signals.

2. A fine ranging from VND 100,000 to VND 200,000 shall be imposed for:

a) Failure to obey the orders or instructions of the traffic conductor or traffic guard;

b) Leading an animal while operating or sitting in/on a road vehicle;

c) Loading cargo to the vehicle beyond the legal limit.

3. A fine ranging from VND 400,000 to VND 600,000 shall be imposed upon any person who rides or leads an animal on a freeway or operates an animal-powered vehicle on a freeway.

Article 11. Penalties for other violations against traffic rules

1. A fine ranging from VND 80,000 to VND 100,000 shall be imposed on persons sitting on bicycles and motored bicycles using umbrellas.

2. A fine ranging from VND 100,000 to VND 200,000 shall be imposed upon any person who:

a) Gathering, sitting, lying on public roads in a manner that obstructs the traffic;

b) Playing sports illegally on public roads; using roller skates, skateboards and the likes on the roadway;

c) Person sitting on motorcycles, mopeds (including electric mopeds), motorcycle-like vehicles and moped-like vehicles using umbrellas;

d) Persons sitting on bicycles and motored bicycles hanging onto, pulling or pushing other vehicles, other objects or carrying bulky objects.

3. A fine ranging from VND 200,000 to VND 300,000 shall be imposed on persons sitting on motorcycles, mopeds (including electric mopeds), motorcycle-like vehicles, moped-like vehicles, motored bicycles (including electric bicycles) who do not wear motorcycle helmets or improperly wear motorcycle helmets while participating in traffic.

4. A fine ranging from VND 200,000 to VND 400,000 shall be imposed upon an individual and from VND 400,000 to VND 800,000 upon an organization that places objects blocking a road sign or traffic light.

5. A fine ranging from VND 300,000 to VND 500,000 shall be imposed on persons on motorcycles who fail to fasten the seat belts (if available) while the vehicle is running.

6. A fine ranging from VND 400,000 to VND 600,000 shall be imposed on persons on motorcycles, mopeds (including electric mopeds), motorcycle-like vehicles and moped-like vehicles hanging onto, pulling or pushing other vehicles, other objects, leading animals, carrying bulky objects, standing on the seat, cargo racks or sitting on the handles.

7. A fine ranging from VND 500,000 to VND 1,000,000 shall be imposed upon an individual, from VND 1,000,000 to VND 2,000,000 upon an organization that commits any of the following violations:

a) Failure to assist a road accident victim on request;

b) Throwing stones, dirt, or other objects at a vehicle running on public roads.

8. A fine ranging from VND 2,000,000 to VND 4,000,000 shall be imposed on individuals and from VND 4,000,000 to VND 8,000,000 shall be imposed on organizations deliberately altering or destroying accident scenes, except for violations specified in Point dd Clause 2, Point d Clause 8 Article 5; Point e Clause 3, Point dd Clause 8 Article 6; Point g Clause 3, Point c Clause 8 Article 7; Point b Clause 4 Article 8 of this Decree.

9. A fine ranging from VND 4,000,000 to VND 6,000,000 shall be imposed on individuals and from VND 8,000,000 to VND 12,000,000 shall be imposed on organizations obstructing or failing to comply with request for inspection and control of law enforcers, except for violations specified in Clause 9, Points b and d Clause 10 Article 5; Points g and i Clause 8, Clause 9 Article 6; Points b and d Clause 9 Article 7; Point d Clause 4 Article 8; Point b Clause 6 Article 33 of this Decree.

10. A fine ranging from VND 6,000,000 to VND 8,000,000 shall be imposed upon any person:

a) Spreading nails or other pointed objects on public roads, spilling oil or other slippery substances on public roads; stretching strings or placing obstacles on public roads that threaten people and vehicles in traffic;

b) Infringing upon the health or belongings of the victim or the culprit;

c) Taking advantage of the accident to attack, threaten, inciting, harassing other people, disturb the order, or obstruct the handling of the road collision.

11. Apart from incurring fines, a vehicle operator that commits any of the violations specified in Clause 10 of this Article shall also have his/her driving license suspended for 1 - 3 months.

12. Apart from incurring penalties, following remedial measures shall also be adopted:

a) Individuals and organizations committing violations specified in Clause 4 of this Article must remove objects obstructing vision of traffic signs and traffic lights;

b) Individuals and organizations committing violations specified in Point a Clause 10 of this Article must collect pointy, sharp objects, string or other obstacles and restore to original conditions prior to the administrative violations.

Section 2. VIOLATIONS AGAINST REGULATIONS ON ROAD INFRASTRUCTURE

Article 12. Penalties for violations against regulations on the use of land area for road traffic

1. A fine ranging from VND 100,000 to VND 200,000 shall be imposed upon an individual, from VND 200,000 to VND 400,000 upon an organization that commits any of the following violations:

a) Hawking on the roadway or on the sidewalk where street vendors are prohibited, except for the violations specified in Point c Clause 2, Point b Clause 5, Point e Clause 6 of this Article;

b) Airing out rice, straw, or other agricultural, forestry, aquaculture products on public roads; placing a threshing machine on the roadway.

2. A fine ranging from VND 300,000 to VND 400,000 shall be imposed upon an individual, from VND 600,000 to VND 800,000 upon an organization that commits any of the following violations:

a) Using the land within the road safety corridor for farming purposes threatening the safety of the road infrastructure and the traffic;

b) Planting trees within the land area for road traffic blocking the view of road users;

c) Illegally occupying the median strip to place building materials or display, sell goods, except for the violations specified in Point b Clause 5; Point d, Point e Clause 6 of this Article;

d) Trading goods within the land area for road traffic outside urban areas, except for the violations specified in Point d Clause 5; Point d, Point i Clause 6 of this Article;

dd) Releasing water on roads where not allowed to, except for violations specified in Point h Clause 6 of this Article.

3. A fine ranging from VND 500,000 to VND 1,000,000 shall be imposed upon an individual, from VND 1,000,000 to VND 2,000,000 upon an organization that commits any of the following violations:

a) Holding artistic activities, sports competitions, parades, or festivals on the street against the law;

b) Raising an ornamental gate or other obstacles within the land area for road traffic affecting road traffic safety and order;

c) Illegally raising a banner within the land area for road traffic affecting road traffic safety and order;

d) Placing, hanging an advertising board within the land area for road traffic outside urban areas, except for the violations specified in Point b Clause 8 of this Article;

dd) Occupying the median strip to provide parking services;

e) Illegally using land area for road traffic outside urban areas to repair vehicles, machinery and equipment, wash vehicles, or pump water affecting road traffic safety and order.

4. A fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed on an individual and from VND 2,000,000 to 4,000,000 on an organization for dumping garbage on roads where not allowed to, except for violations specified in Point a Clause 6 of this Article; Clauses 3 and 4 Article 20 of this Decree.

5. A fine ranging from VND 2,000,000 to VND 3,000,000 shall be imposed upon an individual, from VND 4,000,000 to VND 6,000,000 upon an organization that commits any of the following violations:

a) Erecting a booth, tent, gate, fences, walls, or other types of temporary works within the land area for road traffic, except for the violations specified in Point dd Clause 6, Point b Clause 8 and Point a Clause 9 of this Article;

b) Holding market; selling food and drink; displaying and selling goods placing signboards; repairing vehicles, machinery and equipment; washing vehicles; placing a signboard or advertising board; building or placing a platform; raising a roof or doing other activities on the roadway or sidewalk in a manner that obstructs the traffic, except for the violations specified in Point d, Point dd, Point e, Point g Clause 6; Clause 7; Point a Clause 8 of this Article;

c) Illegally occupying less than 5 m2 of the roadway or sidewalk within an urban area to provide parking services;

d) Illegally occupying less than 20 m2 of the roadway or sidewalk outside urban areas to provide parking services.

6. A fine ranging from VND 4,000,000 to VND 6,000,000 shall be imposed upon an individual, from VND 8,000,000 to VND 12,000,000 upon an organization that commits any of the following violations:

a) Dumping, placing materials or wastes within the land area for road traffic, except for the violations specified in Clause 3, Clause 4 of Article 20 hereof;

b) Digging, leveling land within the road safety corridor, land area along the sides of the road dedicated to management, maintenance or protection or road infrastructure without permission;

c) Adding irrelevant information to road signs without permission;

d) Illegally using land for road traffic or road safety corridor to store goods, building materials, machinery, equipment, or other objects;

dd) Erecting a booth, tent, or other kinds of temporary works in the road tunnel, overpass, pedestrian overpass or underpass, or under the overpass, except for violations specified in Point a Clause 9 of this Article;

e) Displaying, selling machinery, equipment, building materials or manufacturing or processing goods on the roadway or sidewalk in an urban area;

g) Illegally occupying from 5 m2 to under 10 m2 of the roadway or sidewalk to provide parking services;

h) Discharging sewage from a construction site to the street;

i) Illegally occupying 20 m2 of the roadway or sidewalk or more outside urban areas to provide parking services.

7. A fine ranging from VND 6,000,000 to VND 8,000,000 VND shall be imposed upon an individual, from VND 12,000,000 to VND 16,000,000 upon an organization that illegally occupies from 10 m2 to under 20 m2 of the roadway or sidewalk within an urban area to provide parking services.

8. A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed upon an individual, from VND 20,000,000 to VND 30,000,000 upon an organization that commits any of the following violations:

a) Illegally occupying 20 m2 of the roadway or sidewalk or more in an urban area to provide parking services;

b) Erecting an advertising board within the road safety corridor without written approval by competent authorities; Erecting an advertising board on the a side of the road which is dedicated to management, maintenance, or protection of road infrastructure.

9. A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed upon an individual, from VND 30,000,000 to VND 40,000,000 upon an organization that commits any of the following violations:

a) Appropriating land of road or land along road safety corridor for housing construction;

b) Illegally opening a minor road that connects to a major road.

10. Apart from incurring penalties, following remedial measures shall also be adopted:

a) The violation(s) specified in Point b Clause 1 of this Article shall lead to retrieval of rice, straw, agro-forestry-fishery products and equipment on roads;

b) The violation(s) specified in Points a and b Clause 2 of this Article shall lead to removal of trees planted in inappropriate locations and restoration to original conditions prior to the administrative violations;

c) The violation(s) specified in Points c and d Clause 2 of this Article shall lead to collection of pointy, sharp objects, string or other obstacles and restoration to original conditions prior to the administrative violations;

d) The violation(s) specified in Clause 3; Clause 4; Points b, c and d Clause 5; Points a, b, c, d, e, g, h and i Clause 6; Clause 7; Point a Clause 8 of this Article shall lead to cleaning of garbage, waste matters, vehicles, materials, goods, machinery, equipment, signboards, advertising panels and other objects and restoration to original conditions prior to the administrative violations;

dd) The violation(s) specified in Point a Clause 5, Point dd Clause 6, Point b Clause 8, Clause 9 of this Article shall lead to deconstruction of constructions illegally built (without permit or different from permits) and restoration to original conditions prior to the administrative violations.

Article 13. Penalties for violations against regulations on construction and maintenance of works within the land area for road traffic

1. Warnings or a fine ranging from VND 250,000 to VND 500,000 shall be imposed on an individual and from VND 500,000 to VND 1,000,000 on an organization which constructs on road works in operation without erecting construction notice boards or erecting inadequate construction notice boards as per the law.

2. A fine ranging from VND 1,000,000 to VND 3,000,000 shall be imposed upon an individual, from VND 2,000,000 to VND 6,000,000 upon an organization that commits any of the following violations:

a) Executing construction within the land area for road traffic against a license for construction or agreement of a competent authority, except for the violations specified in Clause 3, Point a Clause 4, Clause 5 of this Article;

b) Failure to appoint people to control the traffic if the construction site is located at a narrow road, the end of a bridge or tunnel;

c) Placing building materials or equipment outside the construction site in a manner that obstructs the traffic;

d) Failure to remove the signs, fences, building equipment, materials, or failure to restore the original condition of the road (roadway, sidewalk, and the land area at the sides of the road dedicated to management, maintenance, and protection or work constructions) after the construction is completed.

3. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed upon an individual, from VND 6,000,000 to VND 10,000,000 upon an organization that commits any of the following violations:

a) Executing construction within the land area for road traffic under an expired license for construction or under an agreement with a competent authority in which the time limit for construction has expired;

b) Executing construction on a road in operation without taking any measure for ensuring continuous traffic and thus causing serious traffic congestion.

4. A fine ranging from VND 5,000,000 to VND 7,000,000 shall be imposed upon an individual, from VND 10,000,000 to VND 14,000,000 upon an organization that commits any of the following violations:

a) Executing construction on an operating road without placing adequate warning signs, markings and fences; failure to put red lights at two ends of the road segment under construction;

b) Executing construction within the land area for road traffic without a license for construction or agreement with a competent authority, except for the violations specified in Point a Clause 3 of this Article.

5. A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed upon an individual, from VND 20,000,000 to VND 30,000,000 upon an organization that commits any of the following violations:

a) Executing construction on an urban road against the construction plan or behind schedule;

b) Executing construction on an operating road without taking adequate measures to ensure traffic safety as prescribed and thus causing a traffic accident;

c) Executing construction on an operating road without placing any warning signs, markings and fences, except for the violations specified in Point a Clause 4 of this Article.

6. Apart from incurring fines, the organization or individual that commits any of the violations specified in Point a Clause 2, Point b Clause 3, Point c Clause 5 of this Article shall also be suspended from construction or has the construction license (if any) suspended from 1 month to 3 months.

7. Apart from incurring penalties, following remedial measures shall also be adopted:

a) The violation(s) specified in Clause 1 of this Article shall lead to erection of construction notice boards displaying adequate information as per the law;

b) The violation(s) specified in Points a and b Clause 2; Clause 3; Point a Clause 4; Clause 5 of this Article shall lead to immediate adoption of measures to ensure traffic safety as per the law;

c) The violation(s) specified in Points c and d Clause 2; Point b Clause 4 of this Article shall lead to immediate adoption of measures to ensure traffic safety as per the law and restoration to original conditions prior to the administrative violations.

Article 14. Penalties for violations against regulations on bus stations, parking lots, rest stops, and tollbooths

1. A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed upon an individual, from VND 30,000,000 to VND 40,000,000 upon an organization that commits any of the following violations:

a) Constructing or establishing bus stations, parking lots, rest stops and tollbooths without acceptance of regulatory agencies regarding transport as per the law;

b) Constructing bus station, parking lots, rest stops and tollbooths without satisfying technical standards as per the law.

2. Apart from incurring penalties, following remedial measures shall also be adopted:

a) The violation(s) specified in Point a Clause 1 of this Article shall lead to removal of illegal construction and restoration to the original condition prior to the administrative violations;

b) The violation(s) specified in Point b Clause 1 of this Article shall also lead to reconstruction of bus stations, parking lots, rest stops and tollbooths as per the law and satisfactory to technical standards.

Article 15. Penalties for violations against regulations on management, operation, maintenance, and protection of road infrastructure

1. A fine ranging from VND 60,000 to VND 100,000 shall be imposed upon an individual that commits any of the following violations:

a) Herding animals at the road slopes; tying animals to the trees along the road, to a milestone, road sign, fence, or any ancillary work of the road;

b) Climbing the abutment, pier, or girder of the bridge without permission.

2. A fine ranging from VND 200,000 to VND 300,000 shall be imposed upon an individual, from VND 400,000 to VND 600,000 upon an organization that commits any of the following violations:

a) Setting fire on a bridge or under a bridge without permission; anchoring the boat or ship under a bridge or within the safety corridor of a bridge;

b) Illegally embanking and pumping water onto the roadway; placing pipes across the road to pump water or sand, setting fire of public roads without permission.

3. A fine ranging from VND 6,000,000 to VND 8,000,000 shall be imposed upon the organization responsible for management, operation, maintenance of road infrastructure that commits any of the following violations:

a) Failure to replace or repair the danger signs that are lost or damaged as per the law; failure to repair damaged road infrastructure threatening road traffic safety;

b) Failure to discover and report illegal occupation of the road safety corridor, land area along the sides of the road serving management, maintenance or protection or road infrastructure;

c) Failure to place staff gauges and take measures to prevent vehicles from entering the flooded segments where road surface is more than 0,2 m under the water surface;

d) Failure to establish procedures for road management, operation, maintenance or failure to comply with approved procedures for road management, operation, maintenance.

4. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed upon an individual, from VND 6,000,000 to VND 10,000,000 upon an organization that commits any of the following violations:

a) Delaying moving the illegal construction, house, or booth, whether deliberately or unintentionally, that obstructs land clearance serving the construction, expansion, improvement, and protection of road infrastructure under a decision of a competent authority;

b) Damaging or disabling the drainage system of road infrastructure, except for the violations specified in Clause 5 of this Article;

c) Removing, moving, placing, damaging, or falsifying road signs, traffic lights, fences, milestones, road markings, protective walls, protective barriers, structures, or other parts of infrastructure without permission;

d) Dismantling, removing curbs without permission; illegally repairing or renovating the sidewalk; except for the violations specified in Point a, Point c Clause 5 of this Article.

5. A fine ranging from VND 5,000,000 to VND 7,000,000 shall be imposed upon an individual, from VND 10,000,000 to VND 14,000,000 upon an organization that commits any of the following violations:

a) Illegally drilling, digging, cutting the road or the sidewalk;

b) Removing the median strip, convex mirrors, and safety works and equipment of public roads, parts and components of road structures without permission, except for the violations specified in Point c Clause 4 of this Article;

c) Opening and damaging manhole covers of underground works and tunnel systems of public roads without permission;

d) Illegally setting of a blast, extracting earth, sand, stone, gravel, or other minerals that affect the road infrastructure;

dd) Spreading, spilling chemicals damaging road infrastructure.

6. A fine of VND 8,000,000 - VND 10,000,000 shall be imposed upon an organization managing and operating tollbooths that commits any of the following violations:

a) Failure to comply with management and operation procedures as per the law thus leading to  more than 100 to 150 vehicles queuing in a single toll lane, or the total queue length (from the toll booth to the last vehicle in the queue) is 750 to 1,000 m;

b) Failure to comply with management and operation procedures as per the law thus extending period of time required for a vehicle to pass the tollbooths determined from the moment the vehicle starts to queue until it exits the tollbooths to from exceeding 10 minutes to 20 minutes. 

7. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed upon an organization managing and operating tollbooths that commits any of the following violations:

a) Failure to comply with management and operation procedures as per the law thus leading to  more than 150 to 200 vehicles queuing in a single toll lane, or the total queue length (from the toll booth to the last vehicle in the queue) is from exceeding 1,000 to 2,000 m;

b) Failure to comply with management and operation procedures as per the law thus extending period of time required for a vehicle to pass the tollbooths determined from the moment the vehicle starts to queue until it exits the tollbooths to from exceeding 20 minutes to 30 minutes. 

8. A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed upon an organization managing and operating tollbooths that commits any of the following violations:

a) Failure to comply with management and operation procedures as per the law thus leading to  more than 200 vehicles queuing in a single toll lane, or the total queue length (from the toll booth to the last vehicle in the queue) is more than 2,000 m;

b) Failure to comply with management and operation procedures as per the law thus extending period of time required for a vehicle to pass the tollbooths determined from the moment the vehicle starts to queue until it exits the tollbooths to more than 30 minutes. 

9. A fine ranging from VND 50,000,000 to VND 70,000,000 shall be imposed upon an organization managing and operating tollbooths that commits any of the following violations:

a) Committing violation(s) specified in Clauses 6, 7 and 8 of this Article without complying with orders of regulatory agencies regarding adopting measures to rectify traffic congestion at tollbooths;

b) Failure to connect and share data of tollbooths to regulatory agencies as per the law.

10. Apart from incurring penalties, following remedial measures shall also be adopted:

a) The violation(s) specified in Point a Clause 3 of this Article shall lead to replacement or repair of lost or damaged road signs and repair of damaged road infrastructure;

b) The violation(s) specified in Point b Clause 2; Points b, c and d Clause 4; Clause 5 of this Article shall lead to restoration to original conditions prior to the administrative violations.

Section 3. VIOLATIONS AGAINST REGULATIONS APPLIED TO VEHICLES RUNNING ON PUBLIC ROAD

Article 16. Penalties imposed upon by operators of cars and car-like vehicles (including the trailers or semi-trailers being towed) violating regulations on roadworthiness of vehicles

1. A fine ranging from VND 100,000 to VND 200,000 shall be imposed for operating a car without a windshield or without an intact and functional one (for vehicles having a windshield).

2. A fine ranging from VND 300,000 to VND 400,000 shall be imposed for:

a) Operating a car without adequate and functional headlamps, plate lamp, brake lamps, turn signals, windshield wipers, mirrors, safety belts, emergency equipment, fire safety equipment, pressure meter, and speedometer (for vehicles required to have them), except for violations specified in Point m Clause 3 Article 23, Point q Clause 4 Article 28 of this Decree;

b) Operating a vehicle without a horn or without a functional one;

c) Operating a vehicle without a sound or smoke suppression device or a functional one or without one that meets environmental requirements in terms of exhaust and noise.

3. A fine ranging from VND 800,000 to VND 1,000,000 shall be imposed for:

a) Controlling vehicles with additional lights at the front, the back, on top, underneath, on either or both sides of the vehicles;

b) Operating a vehicle with a steering system that fails to meet technical standards;

c) Operating a vehicle without an adequate quantity of license plates, or the license plates are installed at wrong positions; or the letters and numbers on which are not clear; or with a license plate that is bent, blocked, or damaged; painting and altering additional letters and numbers or changing color of letters, numbers and background of the license plates (including trailers and semi-trailers);

d) Operating a vehicle without sufficient wheels or tires; or the sizes of the wheels or tires do not fit or not comply with technical standards (including trailers and semi-trailers);

dd) Operating trucks with trunks different from designs of manufacturers or designs registered with vehicle registration bodies or revised designs approved by competent agencies (including trailers and semi-trailers);

e) Operating vehicles for passenger transportation with more or less seats and beds or dimension of cargo bays different from designs of manufacturers or designs registered with vehicle registration bodies or revised designs approved by competent agencies.

4. A fine ranging from VND 2,000,000 to VND 3,000,000 shall be imposed for:

a) Operating a vehicle without a corresponding certificate of vehicle registration or trailer/semi-trailer registration or using an expired certificate of vehicle registration (including trailers and semi-trailers);

b) Operating a vehicle without a license plate (if license plate is required for respective vehicle);

c) Operating a vehicle with certificate of technical and environmental safety or stamp of technical and environmental safety (if required) that has expired for less than 01 month (including those for trailers and semi-trailer);

d) Installing or using a horn the loudness of which is beyond legal limit on the vehicle;

dd) Operating a vehicle without a decent or functional and conformable brake system.

5. A fine ranging from VND 4,000,000 to VND 6,000,000 shall be imposed for:

a) Operating a temporarily registered vehicle beyond its temporary operational period; operating a restricted vehicle beyond its permissible operating area;

b) Operating a vehicle beyond its maximum service life (if limited);

c) Operating an illegally manufactured or assembled vehicle on public road (including modified farm vehicles banned from traffic);

d) Operating a vehicle whose license plate is not consistent with the certificate of registration, or whose a license plate is not issued by a competent authority (including trailers and semi-trailers);

dd) Using a Certificate of technical and environmental safety or stamp of technical and environmental safety or Certificate of vehicle registration that is not issued by a competent authority; using a Certificate of vehicle registration that is not consistent with the chassis or engine number (including trailers and semi-trailers);

e) Operating a vehicle without a certificate of technical and environmental safety or stamp of technical and environmental safety (if required, except for temporarily registered vehicles) or with one that has expired for 01 month or more (including those for trailers and semi-trailer);

6. Apart from incurring fines, the violating operator shall also incur the following additional penalties:

a) The violation(s) specified in Points a and b Clause 3; Clause 4; Points a and e Clause 5 of this Article shall lead to suspension of driving license from 1 month to 3 months;

b) The violation(s) specified in Point a Clause 3, Point d Clause 4 of this Article shall lead to confiscation of additional lights and horns exceeding loudness limit;

c) The violation(s) specified in Point d or Point dd Clause 5 of this Article shall lead to confiscation of the Certificate of technical and environmental safety or stamp of technical and environmental safety, the Certificate of vehicle registration, or the license plate that is not issued by a competent authority; suspension of the driving license from 1 month to 3 months;

d) The violation(s) specified in Points b and c Clause 5 of this Article shall lead to confiscation of vehicles (except for cases in which automobiles with 10 seats or more providing passenger transportation services whose service life exceeds regulations on business conditions of registered business form less than 20 years from the year of manufacture and automobiles with less than 10 seats providing passenger transportation services) and suspension of driving license from 1 month to 3 months;

dd) The violation(s) specified in Point a Clause 4, Point dd Clause 5 of this Article in case of no certificates of vehicle registration or using certificates of vehicle registration issued by other than competent agencies, not matching chassis number or engine number of the vehicle or erased (including trailers and semi-trailers) without documents proving vehicle origin (no documents, certificates on transfer of vehicle ownership or documents, certificates on legal vehicle origin) shall lead to confiscation of vehicle. 

7. Apart from the penalties, the violator shall be compelled to:

a) The violation(s) specified in Clause 1; Clause 2; Points b, c, d and dd Clause 3; Points d and dd Clause 4 of this Article shall lead to installation of equipment or replacement with equipment satisfactory to technical safety standards or restoration of technical attributes of equipment as per the law;

b) The violation(s) specified in Points a and e Clause 3 of this Article shall lead to adequate installation of equipment or restoration of technical attributes of equipment as per the law or removal of additional equipment against the law.

Article 17. Penalties imposed upon by operators of mopeds and motorcycles (including electric motorcycles) and the like violating regulations on roadworthiness of vehicles running on public roads

1. A fine ranging from VND 100,000 to VND 200,000 shall be imposed for:

a) Operating the vehicle without a horn, plate lamp, brake lamp, or a mirror on the left, or without a functional one;

b) Operating a vehicle with an inappropriate license plate; the letters and numbers on the license plate are not clear; a license plate that is bent, blocked, or damaged; painting and altering additional letters and numbers or changing color of letters, numbers and background of the license plates (including trailers and semi-trailers);

c) Operating a vehicle without turn signals or without functional ones;

d) Using an inappropriate horn for the type of vehicle;

dd) Operating a vehicle without a sound or smoke suppression system or without one that meets environmental requirements with regard to exhaust and noise;

e) Operating a vehicle without a lamp with low beam and a high beam, or without a functional and conformable one;

g) Operating a vehicle without a brake system or without a functional and conformable one;

h) Operating a vehicle with an additional headlamp towards the back.

2. A fine ranging from VND 300,000 to VND 400,000 shall be imposed for:

a) Operating a vehicle without a corresponding certificate of vehicle registration or trailer/semi-trailer registration or using an expired certificate of vehicle registration;

b) Using a Certificate of vehicle registration that is falsified, or not consistent with the chassis number or engine number, or not issued by a competent authority;

c) Operating a vehicle without a license plate (if required); or the license plate of which is not consistent with the Certificate of vehicle registration or not issued by a competent authority;

3. A fine ranging from VND 800,000 to VND 1,000,000 shall be imposed for:

a) Operating a temporarily registered vehicle beyond its temporary operational period or operating area;

b) Operating an illegally manufactured or assembled vehicle on public roads.

4. Apart from incurring fines, the violating operator shall also incur the following additional penalties:

a) The violation(s) specified in Point d Clause 1 of this Article shall lead to confiscation of horns;

b) The violation(s) specified in Points b and c Clause 2 of this Article shall lead to confiscation of certificates of vehicle registration and license plates unsatisfactory to regulations and law or erased;

c) The violation(s) specified in Point a Clause 3 of this Article shall lead to suspension of driving license from 01 month to 03 months;

d) The violation(s) specified in Point b Clause 3 of this Article shall lead to confiscation of vehicle and suspension of driving license from 01 month to 03 months;

dd) The violation(s) specified in Points a and b Clause 2 of this Article in case of no certificates of vehicle registration or using certificates of vehicle registration issued by other than competent agencies, not matching chassis number or engine number of the vehicle or erased without documents proving vehicle origin (no documents, certificates on transfer of vehicle ownership or documents, certificates on legal vehicle origin) shall lead to confiscation of vehicle. 

Article 18. Penalties imposed upon operators of non-motorized vehicles violating regulations on roadworthiness of vehicles running on public roads

1. A warning or a fine ranging from VND 100,000 to VND 200,000 shall be imposed for operating a vehicle without registration or without a license plate (if required).

2. A fine ranging from VND 200,000 to VND 300,000 shall be imposed for:

a) Operating a vehicle without a brake system or without a functional one;

b) Carrying passengers or cargo on a non-motorized vehicle that fails to meet local convenience and hygiene standards.

Article 19. Penalties imposed upon operators of tractors (including towed trailers) and heavy-duty vehicles violating regulations on roadworthiness of vehicles running on public roads

1. A fine ranging from VND 300,000 to VND 400,000 shall be imposed for:

a) Operating a vehicle with a license plate installed in inappropriate position; the letters and numbers on the license plate are not clear; a license plate that is bent, blocked, or damaged; painting and altering additional letters and numbers or changing color of letters, numbers and background of the license plates (including trailers and semi-trailers);

b) Operating a vehicle without a brake system or without one that meets technical standards; operating a vehicle with a steering system that fails to meet technical standards;

c) Operating the vehicle whose specialized equipment is not installed in place or not safe while the vehicle is moving;

d) Operating a vehicle without sufficient lights, without a sound or smoke suppression device or without one that is functional or meets environmental requirements in terms of exhaust and noise;

dd) Operating a vehicle with a certificate of technical and environmental safety or stamp of technical and environmental safety that has expired for less than 01 month (including trailers).

2. A fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed for:

a) Operating a vehicle beyond the permissible area;

b) Operating an illegally manufactured, assembled, or modified tractor or heavy-duty vehicle on public roads;

c) Operating a vehicle without a certificate of technical and environmental safety or stamp of technical and environmental safety (if required, except for temporarily registered vehicles) or with one that has expired for 01 month or more (including trailers);

d) Operating a vehicle without a corresponding certificate of vehicle registration or using an expired certificate of vehicle registration (including trailers);

dd) Operating a vehicle without a license plate (if required); or the license plate of which is not consistent with the Certificate of vehicle registration or not issued by a competent authority (including trailers);

e) Using a Certificate of technical and environmental safety or stamp of technical and environmental safety or Certificate of vehicle registration that is not issued by a competent authority; using a Certificate of vehicle registration that is not consistent with the chassis or engine number (including trailers);

3. Apart from incurring fines, the vehicle operator that commits the violations shall also incur the following additional penalties:

a) The violation(s) specified in Point b Clause 2 of this Article shall lead to confiscation of vehicles;

b) The violation(s) specified in Point dd Clause 1; Points b, c, d, dd and e Clause 2 of this Article shall lead to suspension of driving license (when operating tractors) and certificates of training in knowledge about the road traffic law (when operating heavy-duty vehicles) from 1 month to 3 months;

c) The violation(s) specified in Points d, dd and e Clause 2 of this Article shall lead to confiscation of the Certificate of technical and environmental safety or stamp of technical and environmental safety, the Certificate of vehicle registration;

d) The violation(s) specified in Points d and e Clause 2 of this Article in case of no certificates of vehicle registration or using certificates of vehicle registration issued by other than competent agencies, not matching chassis number or engine number of the vehicle or erased (including trailers) without documents proving vehicle origin (no documents, certificates on transfer of vehicle ownership or documents, certificates on legal vehicle origin) shall lead to confiscation of vehicle. 

4. Apart from incurring penalties, the vehicle operator that commits any of the violations specified in Points b, c and d Clause 1 of this Article shall be compelled to install sufficient equipment or restore the technical functions of the equipment, or replace it with those that meet technical standards.

Article 20. Penalties incurred by operators of cars, tractors and car-like vehicles violations against regulations on environmental protection

1. A warning or a fine ranging from VND 100,000 to VND 200,000 shall be imposed for operating a vehicle that fails to meet hygienic requirements in urban areas.

2. A fine ranging from VND 2,000,000 to VND 4,000,000 shall be imposed for:

a) Spilling oil or chemicals on public roads;

b) Carrying break bulk cargo, wastes or building materials that are likely to be spilled without a cover or an effective cover; spilling water from goods or waste being carried threatening traffic safety and environmental hygiene;

c) Dragging mud, dirt, sand, materials or other wastes on public roads threatening traffic safety and environmental hygiene.

3. A fine ranging from VND 4,000,000 to VND 6,000,000 shall be imposed upon a vehicle operator who illegally dumping garbage, earth, sand, stones, materials and wastes within the land area for road traffic outside urban areas.

4. A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed upon a vehicle operator who illegally dumping garbage, earth, sand, stones, materials, wastes on public roads.

5. Apart from incurring fines, a vehicle operator that commits any of the violations specified in Clauses 3 and 4 of this Article shall also have his/her driving license suspended from 1 month to 3 months.

6. Apart from the penalties, the vehicle operator that commits any of the violations specified in Clauses 2, 3 and 4 of this Article shall be compelled to clean up the materials, garbage, waste, and recover the original condition that has been changed by the violation. Remedial measures shall be taken if pollution is caused.

Section 4. VIOLATIONS AGAINST REGULATIONS ON ROAD VEHICLE OPERATORS

Article 21. Penalties for violations against regulations on qualification for operating motor vehicles

1. A person from 14 to under 16 years of age that operates a moped or motorcycle (including electric motorcycles), car, tractor or car-like vehicle shall receive a warning.

2. A fine ranging from VND 100,000 to VND 200,000 shall be imposed for:

a) Any person operating a motorcycle or moped and the like without carrying an unexpired Certificate of civil liability insurance for motor vehicles;

b) Any person operating a motorcycle or moped and the like without carrying the Certificate of vehicle registration;

c) Any person operating a motorcycle and the like without carrying a driving license, except for the violations specified in Point b Clause 5, Point c Clause 7 of this Article.

3. A fine ranging from VND 200,000 to VND 400,000 shall be imposed for:

a) Any person operating a car, tractor or car-like vehicle without carrying a driving license, except for the violations specified in Point c Clause 8 of this Article;

b) Any person operating a car, tractor or car-like vehicle without carrying the Certificate of vehicle registration (including trailers and semi-trailers);

c) Any person operating a car, tractor or car-like vehicle without carrying the certificate of technical and environmental safety (if required, including trailers and semi-trailers).

4. A fine ranging from VND 400,000 to VND 600,000 shall be imposed for:

a) Any person from 16 to under 18 years of age operating a motorcycle with engine displacement of 50 cm3 or more;

b) Any person operating a car, tractor or car-like vehicle without an unexpired Certificate of civil liability insurance for motor vehicles;

c) Any person operating a car, tractor or car-like vehicle with a driving license that has been expired for less than 06 months.

5. A fine ranging from VND 800,000 to VND 1,200,000 shall be imposed upon an operator of a motorcycle whose engine displacement is under 175 cm3 and the like who commits any of the following violations:

a) Failure to have a driving license or using a driving license that is not issued by a competent authority, or using a falsified driving license;

b) Using an international driving license issued by any of the Member States of the Convention of Road Traffic 1968 (except for international driving licenses issued by Vietnam’s authority) without carrying a national driving license;

c) Using an invalid driving license (driving license template number at the back does not match with the latest issued template number in system for management of driving license).

6. A fine ranging from VND 1,200,000 to VND 3,000,000 shall be imposed upon a person from 16 to under 18 years of age that operates a car, tractor or car-like vehicle.

7. A fine ranging from VND 3,000,000 to VND 4,000,000 shall be imposed upon an operator of a motorcycle whose engine displacement is under 175 cm3 and motorcycles with three wheels who commits any of the following violations:

a) Possessing a driving license inconsistent with the operated vehicle;

b) Failure to have a driving license or using a driving license that is not issued by a competent authority, or using a falsified driving license;

c) Using an international driving license issued by any of the Member States of the Convention of Road Traffic 1968 (except for international driving licenses issued by Vietnam’s authority) without carrying a national driving license.

d) Using an invalid driving license (driving license template number at the back does not match with the latest issued template number in system for management of driving license).

8. A fine ranging from VND 4,000,000 to VND 6,000,000 shall be imposed upon the operators of a car, tractor or car-like vehicle who commits any of the following violations:

a) Using a driving license that is not consistent with the type of vehicle being operated or that has expired for 06 months or more;

b) Failure to have a driving license or using a driving license that is not issued by a competent authority, or using a falsified driving license;

c) Using an international driving license issued by any of the Member States of the Convention of Road Traffic 1968 (except for international driving licenses issued by Vietnam’s authority) without carrying a national driving license;

d) Using an invalid driving license (driving license template number at the back does not match with the latest issued template number in system for management of driving license).

9. Apart from incurring fines, the vehicle operator that commits the violations shall also incur the following additional penalties:

a) The violation(s) specified in Points a and c Clause 5; Points b and d Clause 7; Points b and d Clause 8 of this Article shall lead to confiscation of driving license issued by other than competent agencies, erased driving license and inappropriate driving license;

b) The violation(s) specified in Point c Clause 5, Point d Clause 7, Point d Clause 8 shall lead to suspension of the most recently-issued driving license according to information system for management of driving license from 1 month to 3 months.

Article 22. Penalties for violations against regulations on qualification for operating heavy-duty vehicles

1. A fine ranging from VND 100,000 to VND 200,000 shall be imposed for:

a) Any person operating a heavy-duty vehicle without reaching the permissible age;

b) Any person operating a heavy-duty vehicle without carrying a suitable driving license or certificate of training in traffic rules;

c) Any person operating a heavy-duty vehicle without carrying the Certificate of vehicle registration;

d) Any person operating a heavy-duty vehicle without carrying the certificate of technical and environmental safety (if required).

2. A fine ranging from VND 600,000 to VND 1,000,000 shall be imposed for upon a person operating a heavy-duty vehicle without obtaining an appropriate driving license or certificate of training in traffic rules.

Section 5. VIOLATIONS AGAINST REGULATIONS ON ROAD TRANSPORT

Article 23. Penalties imposed upon operators of civil and commercial passenger automobiles, and similar automobiles violating road traffic regulations

1. A fine ranging from VND 100,000 to VND 200,000 shall be imposed for:

a) Failure to instruct passengers to stand, sit, or lie in place;

b) Failure to wear uniform and the driver’s name tag.

2. A fine ranging from VND 400,000 to VND 600,000 shall be imposed upon the operator of a passenger vehicle (except for buses) for each passenger carried beyond the following permissible limits: 02 or more excess passengers on a 9 seater vehicle or smaller, 03 or more excess passengers on a 10 - 15 seater vehicle; 04 or more excess passengers on a 16 - 30 seater vehicle; 05 or more excess passengers on a vehicle with more than 30 seats, except for the violations mentioned in Clause 4 of this Article. Nevertheless, the total fine incurred by such operator shall not exceed VND 40,000,000.

3. A fine ranging from VND 600,000 to VND 800,000 shall be imposed for:

a) Leaving the door open while the vehicle is running;

b) Allowing the passengers to stay in the vehicle while the vehicle is entering or leaving a barge or a floating bridge (except for weak and old people, the disabled, and sick people);

c) Failure to stick to the prescribed route;

d) Allowing passengers to lie on hammocks in the vehicle or hang from the vehicle while it is running;

dd) Stacking luggage and goods unsafely; dropping luggage or goods from the vehicle; placing goods in the passenger cabin;

e) Carrying luggage or goods beyond the outer size of the vehicle;

g) Carrying stinky goods on a passenger vehicle;

h) Transporting passengers without attendants (if required);

i) Operating taxis without taximeters (in case of vehicles registering for taximeters) or without appropriate taximeters or without using taximeters as per the law when transporting passengers;

k) Operating a fixed-route vehicle without adhering to the route licensed by a competent authority (if any);

l) Operating a fixed-route passenger vehicle and collecting money without giving tickets to passengers, or sell tickets at higher prices than prescribed rates;

m) Operating a passenger vehicle without seat belts at seats and beds as per the law (except for provincial bus lines);

n) Operating a passenger vehicle without providing passengers with instructions on traffic safety and emergency exit upon vehicular accidents as per the law;

o) Operating taxis without using applications to calculate taxi fares (in case of vehicles registering for such applications) or without using applications satisfactory to regulations and law;

p) Operating taxis using taxi fare applications without installing devices to directly connect with passengers on the vehicles as per the law.

4. A fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed upon the operator of a passenger vehicle with routes longer than 300 km for every excess passenger carried beyond the following permissible limits: 02 or more excess passengers on a 9 sweater vehicle or smaller, 03 or more excess passengers on a 10 - 15 sweater vehicle; 04 or more excess passengers on a 16 - 30 sweater vehicle; 05 or more excess passengers on a 30 sweater vehicle or bigger. Nevertheless, the total fine incurred by such operator shall not exceed VND 40,000,000.

5. A fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed for:

a) Allowing passengers to get on or off the vehicle while it is running;

b) Transferring passengers to another vehicle without their consents; threatening, humiliating passengers; fighting over passengers; forcing passengers to use services against their will;

c) Forcing passengers to get off the vehicle to avoid inspection by law enforcement officers;

d) Making the vehicle imbalanced when loading cargo;

dd) Picking up or disembarking passengers at improper places on fixed routes where such places are already determined; disembarking passengers or stopping to pickup or disembark passengers longer than permitted, except for the violations specified in Point a Clause 7 of this Article;

e) Picking up or disembarking passengers where stopping or parking is prohibited or at a curved segment where view is blocked, except for the violations specified in Point a Clause 7 of this Article;

g) Operating a vehicle providing passenger transportation services without installing tracking devices on the vehicle as per the law, except for violations specified in Point dd Clause 6 of this Article;

h) Operating a tourist vehicle or contract-based passenger vehicle using written contracts without a list of passengers, carrying passengers not on the list or carrying passengers inconsistent with regulations and law (applicable to vehicles under contracts for transporting students and employees to schools and to workplaces); failure to have or carry the transport contract or a conformable one as prescribed;

i) Transporting passengers along a fixed route without carrying a transport order or one that has sufficient information and certified by both stations at the route ends;

k) Picking up or disembarking passengers at places not specified in the contract, except for the violations specified in Point a Clause 7 of this Article;

l) Operating a fixed-route international passenger transport vehicle without a list of passengers or carrying passengers not on the list; except for the violations specified in Point c Clause 1 Article 35 hereof;

m) Carrying luggage or cargo beyond the GVWR of the vehicle;

n) Operating a vehicle providing transportation for tourism or a contract-based passenger transportation vehicle and picking up, charging or verifying booking of individual passenger; operating contract-based vehicle and designating fixed-routes to serve different customers and service recipients;  

o) Failure to use driver identification cards to input information as per the law or using driver identification cards of other drivers to input information when operating passenger vehicle;

p) Operating a vehicle providing passenger transportation services without installing cameras as per the law (if required by the law) or installing cameras without capability to record and store images on the vehicle (including those of the driver) during the vehicle's operation as per the law;

q) Operating a vehicle transporting tourists or passengers under contract using electronic contract without having devices to access contents of the electronic contract and the passenger list or failure to provide the electronic contract and passenger list for competent authorities where requested, transporting passengers whose names are not on the passenger list or transporting passengers inconsistent with regulations and law (with respect to contract-based vehicle transporting students and employees to schools and workplaces). 

6. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for:

a) Transporting dangerous, toxic, flammable, explosive goods, transporting animals or other goods that affect the health of passengers on the passenger vehicle;

b) Carrying people on the hood, roof, or in the trunk;

c) Attacking passengers physically;

d) Operating the vehicle beyond time limits specified in Clause 1 Article 65 of the Law on Road traffic;

dd) Failure to install functional tracking devices on vehicles providing passenger transportation services as per the law or  using technical measures, peripheral equipment or other measures to falsify data of tracking devices installed on automobiles;

e) Operating an international passenger transport vehicle without a national symbol or international transport badge or an unexpired one or one issued by a competent authority.

7. A fine ranging from VND 5,000,000 to VND 7,000,000 shall be imposed for:

a) Picking up and disembarking passengers on a freeway;

b) Operating an international passenger transport vehicle without a badge or an unexpired one or one issued by a competent authority.

8. Apart from incurring fines, the vehicle operator that commits the violations shall also incur the following additional penalties:

a) The violation(s) specified in Clause 2, Clause 4 (in case of exceeding from more than 50% to 100% of number of passengers permissible for transportation); Points c, d and e Clause 3; Points a, b, c ,d , dd, e, h, i, k, l, m, o and q Clause 5; Clause 6; Point b Clause 7 of this Article shall lead to suspension of driving license from 1 month to 3 months;

b) The violation(s) specified in Point a Clause 7 of this Article shall lead to suspension of driving license from 02 months to 04 months;

c) The violation(s) specified in Clause 2 and Clause 4 of this Article (in case of exceeding 100% of number of passengers permissible for transport) shall lead to suspension of driving license from 3 months to 5 months;

d) The violation(s) specified in Point e Clause 6, Point b Clause 7 of this Article shall lead to confiscation of expired badges or badges issued by other than competent authorities.

9. Apart from the penalties, the violating vehicle operator shall be compelled to:

a) The violation(s) specified in Clause 2 and Clause 4 of this Article (in case of passenger transportation) shall lead to allocation of other vehicles to carry passengers exceeding permissible amount;

b) The violation(s) specified in Point l Clause 3 of this Article (in case of charging beyond the limit) shall lead to return of illegal profit earned from the administrative violation.

Article 24. Penalties imposed upon operators of trucks, tractors (including trailers and towed semi-trailers) and or car-like vehicles transporting goods violating traffic rules

1. A fine ranging from VND 600,000 to VND 800,000 shall be imposed for:

a) Transporting goods without securing or without proper securing when goods require securing, except for violations specified in Point c Clause 4 of this Article;

b) Operating a vehicle to stack goods on top of the cockpit or loading goods in a manner that causes the vehicle to be unbalance;

c) Failure to lock or secure the trunks when the vehicle is moving.

2. A fine ranging from VND 800,000 to VND 1,000,000 shall be imposed for:

a) Operating a vehicle (including trailers and semi-trailers) carrying cargo beyond the maximum permissible payload written in the Certificate of technical and environmental safety by exceeding 10% to 30% (for vehicles other than tanker trucks) or by exceeding 20% to 30% (for tanker trucks);

b) Putting cargo on the roof; stacking cargo beyond the width of the cargo container; stacking goods longer than the length of the vehicle by more than 10%;

c) Carrying passengers in the cargo container; allowing the passenger to sit or lie on the roof or hang from the vehicle while it is running;

d) Operating vehicle for goods transportation without transport permit in written form as per the law or without devices to access software displaying contents of the transport permit as per the law or failure to provide competent authorities with devices to access the transport permit upon request;

dd) Operating vehicles towing trailers and semi-trailers whose total weight (including weight of the trailers, semi-trailers and carried goods) of trailers and semi-trailers exceed permissible weight to be towed as specified in the certificates for technical and environmental safety  by exceeding 10% to 30%.

3. A fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed for:

a) Operating a vehicle providing goods transportation services without installing tracking devices on the vehicle as per the law, except for violations specified in Point c Clause 5 of this Article;

b) Failure to use driver identification cards to input information as per the law or using driver identification cards of other drivers to input information when operating vehicle for goods transportation;

c) Operating a vehicle providing goods transportation services without installing cameras as per the law (if required by the law) or installing cameras without capability to record and store images on the vehicle (including those of the driver) during the vehicle's operation as per the law.

4. A fine ranging from VND 2,000,000 to VND 3,000,000 shall be imposed for:

a) Driving a taxi truck without a taximeter or a properly installed one;

b) Carrying cargo beyond the permissible height (for trucks, including trailers and semi-trailers);

c) Carrying containers on the vehicles (including semi-trailers) without employing devices to secure the containers to the vehicles or using improper devices leading to displacement of containers during transportation.

5. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for:

a) Operating a vehicle (including trailers and semi-trailers) carrying cargo beyond the maximum permissible payload written in the Certificate of technical and environmental safety by exceeding 30% - 50%;

b) Operating the vehicle beyond time limits specified in Clause 1 Article 65 of the Law on Road traffic;

c) Failure to install functional tracking devices on vehicles providing goods transportation services as per the law or  using technical measures, peripheral equipment or other measures to falsify data of tracking devices installed on automobiles;

dd) Operating vehicles towing trailers and semi-trailers whose total weight (including weight of the trailers, semi-trailers and carried goods) of trailers and semi-trailers exceed permissible weight to be towed as specified in the certificates for technical safety and environmental protection by exceeding 30% to 50%.

6. A fine ranging from VND 5,000,000 to VND 7,000,000 shall be imposed for:

a) Operating a vehicle (including trailers and semi-trailers) carrying cargo beyond the maximum permissible payload written in the Certificate of technical and environmental safety by exceeding 50% to 100%;

b) Operating vehicles towing trailers and semi-trailers whose total weight (including weight of the trailers, semi-trailers and carried goods) of trailers and semi-trailers exceed permissible weight to be towed as specified in the certificates for technical safety and environmental protection by exceeding 50% to 100%;

c) Loading and unloading on a freeway;

d) Operating a vehicle a badge (if required) or an unexpired one or one issued by a competent authority.

7. A fine ranging from VND 7,000,000 to VND 8,000,000 shall be imposed upon:

a) Operating a vehicle (including trailers and semi-trailers) carrying cargo beyond the maximum permissible payload written in the Certificate of technical and environmental safety by exceeding 100% to 150%;

b) Operating vehicles towing trailers and semi-trailers whose total weight (including weight of the trailers, semi-trailers and carried goods) of trailers and semi-trailers exceed permissible weight to be towed as specified in the certificates for technical and environmental safety by exceeding 100% to 150%;

8. A fine ranging from VND 8,000,000 to VND 12,000,000 shall be imposed upon:

a) Operating a vehicle (including trailers and semi-trailers) carrying cargo beyond the maximum permissible payload written in the Certificate of technical and environmental safety by exceeding 150%;

b) Operating vehicles towing trailers and semi-trailers whose total weight (including weight of the trailers, semi-trailers and carried goods) of trailers and semi-trailers exceed permissible weight to be towed as specified in the certificates for technical and environmental safety by exceeding 150%;

c) Committing the violation(s) specified in Clause l, Point c Clause 4 of this Article and causing traffic accidents.

9. Apart from incurring fines, the vehicle operator that commits the violations shall also incur the following additional penalties:

a) The violation(s) specified in Points b and c Clause 2; Point b Clause 3; Points b and c Clause 4; Clause 5; Points a, b and d Clause 6 of this Article shall lead to suspension of driving license from 1 month to 3 months;

b) The violation(s) specified in Point c Clause 6, Clause 7, Point c Clause 8 of this Article shall lead to suspension of driving license from 2 months to 4 months;

c) The violation(s) specified in Points a and b Clause 8 of this Article shall lead to suspension of driving license from 3 months to 5 months;

d) The violation(s) specified in Point d Clause 6 of this Article shall lead to confiscation of expired badges or badges issued by other than competent authorities.

Article 25. Penalties imposed upon vehicle operators violating regulations on transport of oversized cargo

1. A fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed for:

a) Transporting oversized cargo without a sign indicating its size;

b) Failure to comply with transport permit, except for violations specified in Points b, c and d Clause 2 of this Article.

2. A fine ranging from VND 5,000,000 to VND 7,000,000 shall be imposed for:

a) Transporting oversized cargo without a license for transport or an unexpired one or one issued by a competent authority;

b) Transporting oversized cargo with an unexpired license for transport but the gross vehicle weight (GVW) or outer size (after cargo is loaded) exceeds the limits in the license for transport;

c) Transporting oversized cargo with valid license for transport without sticking to routes designated in the license for transport;

d) Transporting oversized cargo with valid license for transport without transporting the correct type of goods designated in the license for transport.

3. Apart from incurring fines, the violator shall also incur the following additional penalties:

a) The violation(s) specified in Clause 1 of this Article shall lead to suspension of driving license from 01 month to 03 months;

b) The violation(s) specified in Clause 2 of this Article shall lead to suspension of driving license from 02 month to 04 months;

c) The violation(s) specified in Point a Clause 2 of this Article shall lead to confiscation of license for transport that is expired or issued by other than competent authorities.

4. If the road infrastructure is damaged by the violations specified in Clause 1 and Clause 2 of this Article, the violator shall be compelled to repair the damage apart from incurring the penalties.

Article 26. Penalties imposed upon vehicle operators violating regulations on transport of pollutants and dangerous goods

1. A fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed for:

a) Stopping or parking at crowded places, in residential areas, at important works while transporting dangerous goods; transporting dangerous goods without danger signs, except for the violations specified in Clause 2 of this Article;

b) Transporting pollutants against the regulations on environment protection, except for the violations mentioned in Clause 2 of this Article.

2. A fine ranging from VND 2,000,000 to VND 3,000,000 shall be imposed for transporting dangerous goods without a license or against the license, except for the violations specified in Point a Clause 6 Article 23 hereof.

3. Apart from incurring fines, a vehicle operator that commits any of the violations specified in Clauses 1 and 2 of this Article shall also have his/her driving license suspended from 1 month to 3 months.

4. Apart from the penalties, persons committing any of the violations specified in Clauses 1 and 2 of this Article shall be compelled remedial measures to rectify environmental pollution caused by the administrative violations.

Article 27. Penalties impose upon operators of garbage trucks, vehicles transporting wastes, bulk cargo, or other goods violating regulations on transport in urban areas

1. A fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed for the operating such vehicle with adhering to the prescribed route, range, and time.

2. Apart from incurring fines, a vehicle operator that commits any of the violations specified in Clause 1 of this Article shall also have his/her driving license suspended from 1 month to 3 months.

Article 28. Penalties for violations against regulations on road transport and ancillary services for road transport

1. A fine ranging from VND 500,000 to VND 1,000,000 shall be imposed upon an individual, from VND 1,000,000 to VND 2,000,000 upon an organization that commits any of the following violations:

a) Loading cargo on each vehicle (including trailers and semi-trailers) beyond the maximum permissible payload written in the Certificate of technical and environmental safety by exceeding 10% to 50% (for vehicles other than tanker trucks) or by exceeding 20% to 50% (for tanker trucks);

b) Loading goods onto a vehicle without certifying the loading on the transport order as prescribed.

2. A fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed upon an individual, from VND 2,000,000 to VND 4,000,000 upon an organization that commits any of the following violations:

a) Failure to put or failure to accurately and adequately put the name and phone number of the transport service provider on the outer sides of the body or doors of the passenger vehicle, except for the violations specified in Point d Clause 4 of this Article;

b) Failure to put or failure to accurately and adequately put the name and phone number of the cargo transport service provider, GVW, maximum permissible payload, and GVWR on the door of the truck as prescribed;

c) Failure to put or adequately put full name and phone number of entities providing goods transportation services, GVW, maximum permissible payload, and GVWR on the door of the container trucks as prescribed; failure to put or adequately put full name and phone number of entities providing goods transportation services, GVW, maximum permissible payload, and GVWR on the door of the trailers and semi-trailers as prescribed;

d) Failure to put or failure to accurately and adequately put the name and phone number of the taxi truck service provider, the net weight of the vehicle, the maximum permissible payload of the vehicle on the outer sides of the body or doors of the taxi truck as prescribed;

dd) Failure to put up or accurately and adequately put up the license plates; luggage allowance, hotline number;

e) Failure to number the passenger seats;

g) Operating a vehicle providing passenger transportation services along fixed routes or vehicle providing passenger transportation services in form of buses that are not installed with priority seats for persons with disabilities, old people and pregnant women as per the law;

h) Operating a passenger vehicle without providing passengers with instructions on traffic safety and emergency exit upon vehicular accidents as per the law.

3. A fine ranging from VND 2,000,000 to VND 3,000,000 shall be imposed on an individual and from VND 4,000,000 to VND 6,000,000 on an organization who loads cargo on each vehicle (including trailers and semi-trailers) beyond the maximum permissible payload written in the Certificate of technical and environmental safety by exceeding 50% to 100%.

4. A fine ranging from VND 3,000,000 to VND 4,000,000 shall be imposed upon an individual, from VND 6,000,000 to VND 8,000,000 upon an organization that commits any of the following violations:

a) Failure to provide transport order and transport permit for drivers as per the law;

b) Failure to register and put up or accurately and adequately put up information about the routes, starting points and destinations, charges, quality standards of the transport services or ancillary services, except for the violations specified in Point dd Clause 2 of this Article;

c) Using a 09 seater vehicle or bigger as a passenger taxi;

d) Operating passenger taxis without installing the “TAXI” roof signs and posting “XE TAXI” (taxi) on the front and rear windshields as per the law or improperly installing the “TAXI” roof signs (not fixed, incorrect dimensions and made with materials other than reflectors); failure to include accurate service phone number according to business (cooperative) registration;

dd) Operating contract-based vehicles providing passenger transportation services and vehicles providing tourism transportation services without including the phrase “XE HỢP DỒNG” (contract vehicle) in case of contract-based vehicles and “XE DU LỊCH” (tourism vehicle) in case of vehicle for tourism transportation on the front and rear windshields as per the law or improperly including the 2 phrases above (not fixed, incorrect dimensions and made with materials other than reflectors);

e) Failure to issue “Thẻ nhận dạng lái xe” (driver identification) for drivers as per the law; 

g) Employing drivers and attendants who are not trained in passenger transport and road safety (if the type of transport requires that drivers and attendants be so trained);

h) Employing drivers and attendants without employment contracts;

i) Failure to develop procedures to ensure traffic safety or failure to adequately develop as per the law or failure to follow the procedures for ensuring traffic safety as per the law;

k) Failure to assign personnel to directly operate transportation activities or failure to satisfy requirements after assigning as per the law;

l) Using the vehicles of cooperative members to provide transport services without written agreements between such members and the cooperative; or using vehicles that are not under their right to enjoyment to provide transport services;

m) Failure to park in designated areas;

n) The information in the transport order is not completely certified by the station or not certified at all, or the transport order is certified while the vehicle is not present at the station;

o) Failure to notify content of the passenger transport contract to the Provincial Department of Transport before executing such contract;

p) Picking up, selling tickets, charging and verifying booking for individual passenger in case of contract-based vehicles providing passenger transportation an vehicles providing tourism transportation; designating fixed routes to serve different customers or other service recipients in case of contract-based vehicles providing passenger transportation;

g) Operating a passenger vehicle without seat belts at seats and beds as per the law (except for provincial bus lines);

r) Operating contract-based passenger vehicles and vehicles providing tourism transportation whose number of trips sharing departure locations and sharing destination exceed the limit as per the law;

s) Operating contract-based passenger vehicle and vehicles providing tourism transportation without complying with regulations on picking up and disembarking passengers at head offices, branch offices, representative offices or other specific locations hired or cooperated with transport service providers;

t) Operating taxis, contract-based passenger vehicles and vehicles providing tourism transportation whose 70% of total operational period in a month in a province (or central-affiliated city) without possessing the badges issued by Departments of Transports of corresponding province (or central-affiliated city).

5. A fine ranging from VND 4,000,000 to VND 5,000,000 shall be imposed on an individual and from VND 8,000,000 to VND 10,000,000 on an organization who loads cargo on each vehicle (including trailers and semi-trailers) beyond the maximum permissible payload written in the Certificate of technical and environmental safety by exceeding 100%.

6. A fine ranging from VND 5,000,000 to VND 6,000,000 shall be imposed upon an individual, from VND 10,000,000 to VND 12,000,000 upon an organization that commits any of the following violations:

a) Running a bus station, parking lot, or rest stop without permission by a competent authority;

b) Allowing the vehicles that are not suitable for passenger transports to pick up passengers in the station;

c) Failure to provide, update, transmit, store and manage information from tracking devices as per the law; failure to provide username and password to log onto software processing data from the tracking devices under management for regulatory authorities;

d) Failure to adhere to the registered routes, starting points and destinations, charges, and service standards;

dd) Using vehicles without GPS surveillance devices to provide transport services (if required) or without functional or conformable ones; employing technical measures, peripheral equipment and other measures to falsify data of the tracking devices of the automobiles;

e) Operating intermediate transportation against regulations and law;

g) Employing drivers operating double decker sleeper bus with in adequate experience as per the law;

h) Failure to establish a department to monitor traffic safety conditions or failure to adequately execute all tasks as per the law;

i) Using vehicles whose quality or service life fail to meet the conditions for the registered type of transport services;

k) Failure to retain relevant documents during the operation;

l) Failure to prepare or adequately prepare backgrounds of vehicles and operators as per the law;

m) Operating contract-based passenger vehicles and vehicles providing tourism transportation without bringing transport contracts on the vehicles, attached passenger list and devices to access electronic contracts and passenger list as per the law or failure to meet requirements as per the law, carrying passengers not in the passenger list or carrying incorrect passengers in case of contract-based vehicles transporting students and employees to schools, universities and workplaces);

n) Operating passenger taxis without installing taximeters (if registered for one) or installing improper taximeters; failure to install receipt printers connected with taximeters as per the law or installing improper receipt printers or printing receipts containing inadequate information as per the law;

o) Operating a vehicle providing passenger transportation services without installing cameras as per the law (if required by the law) or installing cameras without capability to record and store images of the vehicle and the driver during the vehicle's operation as per the law;

p) Failure to store and transmit images from cameras installed on the automobile to servers, failure to provide accounts to access the servers for competent regulatory authorities as per the law; 

q) Operating passenger taxis without installing devices to directly connect with the passengers as per the law (if registered for taxi fare software) or using taxi fare software unsatisfactory to regulations and law.

7. A fine ranging from VND 7,000,000 to VND 10,000,000 shall be imposed upon an individual, from VND 14,000,000 to VND 20,000,000 upon an organization that commits any of the following violations:

a) Providing transport services by car without a License for transport services;

b) Conducting the business in contravention of the License for transport services;

c) Establishing illegal stations;

d) Bus station's failure to adhere to safety procedures for allowing vehicles to enter and leave the station;

dd) Failure to organize adequate periodic medical check-up for driver as per the law;

e) Failure to provide information on transport order of each bus route and fixed-route vehicles as per the law;

g) Bus station’s failure to apply software for station management and surveillance system as per the law;

h) Violating regulations and law on business and conditions for providing automobile transport services thus causing traffic accidents at serious level or higher;

i) Operating vehicles providing transport services to pick up and disembark passengers, load and unload cargo on a freeway;

k) Transport service providers utilizing electronic contracts without adequate software interface for passengers or service recipients as per the law; failure to send electronic invoices and store data of electronic contracts as per the law.

8. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed on entities manufacturing, assembling and importing tracking devices of automobiles and entities providing transport solution software for:

a) Entities manufacturing, assembling and importing tracking devices of automobiles failing to assign personnel for each position as per the law;

b) Entities manufacturing, assembling and importing tracking devices of automobiles failing to update and adjust firmware of devices as per the law;

c) Entities providing transport solution software failing to comply with regulations and law on provision of transport solution application; failing to publicize procedures of handling complaints of customers and failing to develop systems to store complaints of customers as per the law.

9. A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed on entities manufacturing, assembling and importing tracking devices of automobiles or entities providing automobile tracking services for falsifying information and data of automobile tracking devices.

10. Apart from incurring fines, the violator shall also incur the following additional penalties:

a) The violation(s) specified in Point h Clause 2; Points a, b, d, dd, e, g, h, l, o, p, q, r, s and t Clause 4; Points d, dd, e, g, i, k, l, m, n, o, p and q Clause 6; Points e and i Clause 7 of this Article shall lead to suspension of (available or issued) badges of violating vehicles from 1 month to 3 months;

b) The violation(s) specified in Points i and k Clause 4; Point h Clause 6; Points b and h Clause 7 of this Article shall lead to suspension of license for transport services from 1 month to 3 months;

c) The violation(s) specified in Points d, dd, i and m Clause 6 of this Article shall also lead to suspension of driver license from 1 month to 3 months if transport service providers are direct operators of violating vehicles;

d) The violation(s) specified in Point i Clause 7 of this Article shall also lead to suspension of driver license from 2 months to 4 months if transport service providers are direct operators of violating vehicles;

dd) The violation(s) specified in Point i Clause 6 of this Article shall lead to confiscation of vehicles (except for cases in which automobiles with 10 seats or more providing passenger transportation services whose service life exceeds regulations on business conditions of registered business form less than 20 years from the year of manufacture and automobiles with less than 10 seats providing passenger transportation services);

11. Apart from incurring penalties, following remedial measures shall also be adopted:

a) The violation(s) specified in Points a, b, c, d and dd Clause 2; Point b Clause 4 of this Article shall lead to adequate and accurate registration and declaration of information as per the law;

b) The violation(s) specified in Points d and dd Clause 4 of this Article shall lead to installation of roof signs specifying “TAXI” or enforced display of phrases “XE TAXI” (taxi), “XE HỢP DỒNG” (vehicle operated under contracts) or “XE DU LỊCH” (vehicles for tourism);

c) The violation(s) specified in Point e Clause 4 of this Article shall lead to issuance of driver identification for vehicle operators as per the law;

d) The violation(s) specified in Point g Clause 4, Point dd Clause 7 of this Article shall lead to organization of professional training or periodic medical check-up for vehicle operators and personnel working on vehicles as per the law;

dd) The violation(s) specified in Point h Clause 4 of this Article shall lead to entering into contracts with vehicle operators and personnel working on the vehicles as per the law;

e) The violation(s) specified in Point i Clause 4 of this Article shall lead to development and adoption of procedures for traffic safety as per the law;

g) The violation(s) specified in Point k Clause 4 of this Article shall lead to assignment of eligible personnel to directly operate transportation as per the law;

h) The violation(s) specified in Points q Clause 4; Points dd, n and o Clause 6 of this Article shall lead to installation of cameras, seat belts, taximeters, receipt printers and tracking devices on the vehicles as per the law;

i) The violation(s) specified in Points c and p Clause 6 of this Article shall lead to provision, update, transmission, storage and management of information from tracking devices and cameras installed on the vehicles as per the law; provision of username and password to access software processing data from tracking devices of the vehicles or to the servers for competent agencies as per the law;

k) The violation(s) specified in Point d Clause 6 of this Article (in case of charging beyond the limit) shall lead to return of illegal profit earned from the administrative violation;

l) The violation(s) specified in Points k and l Clause 6 of this Article shall lead to adequate and accurate preparation, update and storage of vehicles’ background, occupation background of drivers and relevant documents during management and operation of transportation as per the law.

Section 6. OTHER OFFENCES RELATED TO ROAD TRAFFIC

Article 29. Penalties for illegal manufacture, assembly of motor vehicles; illegal manufacture or sale of license plates

1. A fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed upon an individual, from VND 2,000,000 to VND 4,000,000 upon an organization that sells license plates that are not manufactured or allowed by competent authorities.

2. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed upon an individual, from VND 6,000,000 to VND 10,000,000 upon an organization that illegally manufactures or assembles motor vehicles.

3. Apart from incurring fines, the violator that commits any of the violations specified in Clause 1 or Clause 2 of this Article shall have the illegal license plates or illegally manufactured or assembled vehicles confiscated.

4. If the road infrastructure is damaged by the violations specified in Clause 1 or Clause 2 of this Article, the violator shall be compelled to repair and restore the original condition apart from incurring the penalties.

Article 30. Penalties imposed upon vehicle owners

1. For owners of mopeds and motorcycles: A fine ranging from VND 100,000 to VND 200,000 shall be imposed upon an individual, from VND 200.000 to VND 400.000 upon an organization which deliberately changes brand and color of vehicle causing inconsistent with certificate of vehicle registration.

2. For owners of cars, tractors, heavy-duty vehicles and car-like vehicles: A fine ranging from VND 300,000 to VND 400,000 shall be imposed upon an individual, from VND 600,000 to VND 800,000 upon an organization that commits any of the following violations:

a) Using windshields or windows made of glass other than safety glass;

b) Changing the color of the vehicle without permission (according to the Certificate of vehicle registration);

c) Failure to declare to vehicle registration authorities as per the law before renovating the vehicles (if specific type of vehicles is required to be declared).

3. For each passenger carried beyond the permissible limit, a fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed upon an individual, from VND 2,000,000 to VND 4,000,000 upon an organization that is the owner of a passenger vehicle (except for buses) that directly operates the vehicle or requests/allows their employee or representative to operate the vehicle committing the violation specified in Clause 2 Article 23 of this Decree (nevertheless, the total fine incurred by such individual shall not exceed VND 40,000,000; the total fine incurred by such organization shall not exceed VND 80,000,000).

4. For owners of mopeds and motorcycles: A fine ranging from VND 400,000 to VND 600,000 shall be imposed upon an individual, from VND 800,000 to VND 1,200,000 upon an organization that commits any of the following violations:

a) Failure to follow procedures for transferring the vehicle ownership when buying, being given, allocated, or inherited a moped or motorcycle;

b) Failure to follow procedures for issuance of revised certificates of vehicle registration as per the law when changing address of vehicle owners;

c) Failure to comply with regulations on license plates, except for violations specified in Point i Clause 5 of this Article.

5. For owners of mopeds and motorcycles: A fine ranging from VND 800,000 to VND 2,000,000 shall be imposed upon an individual, from VND 1,600,000 to VND 4,000,000 upon an organization that commits any of the following violations:

a) Deliberately cutting, welding and punching to modify chassis number and engine number; operating vehicles whose chassis number and engine number have been modified due to being cut, welded and punched;

b) Falsifying or forging the documents about vehicle registration;

c) Changing the chassis, engine, shape, size, or functions of the vehicle;

d) Providing false information or using fraudulent documents to apply for the license plate or Certificate of vehicle registration;

dd) Allowing an unqualified person according to Clause 1 Article 58 of the Law on Road traffic to operate the vehicle on public roads (including those using an expired driving license or those with revoked driving license);

e) Failure to comply with revocation of certificates of vehicle registration and license plates as per the law;

g) Operating vehicles without certificates of vehicle registration or with expired certificates of vehicle registration; operating vehicles with temporary certificates of vehicle registration beyond the permitted period, route and range;

h) Operating vehicles with certificates of vehicle registration issued by other than competent authorities or with modified certificates of vehicle registration; operating vehicles with certificates of vehicle registration inconsistent with chassis number of the vehicles;

i) Installing and using devices modifying license plates against regulations and law;

k) Operating a vehicle without a license plate (if required); or the license plate of which is not consistent with the Certificate of vehicle registration or not issued by a competent authority.

6. For each passenger carried beyond the permissible limit, a fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed upon an individual, from VND 2,000,000 to VND 4,000,000 upon an organization that is the owner of a passenger vehicle (except for buses) that directly operates the vehicle or requests/allows their employee or representative to operate the vehicle committing the violation specified in Clause 4 Article 23 of this Decree (nevertheless, the total fine incurred by such individual shall not exceed VND 40,000,000; the total fine incurred by such organization shall not exceed VND 80,000,000).

7. For owners of cars, tractors, heavy-duty vehicles and car-like vehicles: A fine ranging from VND 2,000,000 to VND 4,000,000 shall be imposed upon an individual, from VND 4,000,000 to VND 8,000,000 upon an organization that commits any of the following violations:

a) Deliberately cutting, welding and punching to modify chassis number and engine number; operating vehicles whose chassis number and engine number have been modified due to being cut, welded and punched;

b) Erasing or modifying vehicle registration documents;

c) Failure to comply with revocation of certificates of vehicle registration and license plates; Certificate of technical and environmental safety for road vehicle as per the law;

d) Failure to follow procedures for issuance of revised certificates of vehicle registration as per the law after renovating the vehicle or when changing address of vehicle owners;

dd) Failure to comply with regulations and law on license plates and lettering on sides and doors of vehicles, except for violations specified in Point g Clause 8 of this Article, Points a, b, c, d and dd Clause 2 Article 28; Point b Clause 3 Article 37 of this Decree;

e) Providing false information or using fraudulent documents to apply for the reissuance of the license plate, Certificate of vehicle registration, or Certificate of technical and environmental safety;

g) Allowing an employee or representative to operate the vehicle committing any of the violations specified in Point e Clause 3, Point m Clause 5 Article 23 hereof, or directly operating the vehicle committing any of the violations specified in Point e Clause 3, Point m Clause 5 Article 23 hereof;

h) Allowing an employee or representative to operate the vehicle committing any of the violations specified in Points a and dd Clause 2 Article 24 hereof, or directly operating the vehicle committing any of the violations specified in Points a and dd Clause 2 Article 24 hereof;

i) Allowing an employee or representative to operate the vehicle committing any of the violations specified in Point b Clause 2 Article 24 hereof, or directly operating the vehicle committing any of the violations specified in Point b Clause 2 Article 24 hereof;

k) Allowing an employee or representative to operate the vehicle committing any of the violations specified in Clause 2 Article 33 hereof, or directly operating the vehicle committing any of the violations specified in Clause 2 Article 33 hereof;

l) Failure to follow procedures for transferring the vehicle ownership when buying, being given, allocated, or inherited an automobile, tractor, heavy-duty vehicle or car-like vehicles;

m) Operating vehicles without certificates of vehicle registration or with expired certificates of vehicle registration; operating vehicles with temporary certificates of vehicle registration beyond the permitted period, route and range.

8. For owners of cars, tractors, heavy-duty vehicles and car-like vehicles: A fine ranging from VND 4,000,000 to VND 6,000,000 shall be imposed upon an individual, from VND 8,000,000 to VND 12.000.000 upon an organization that commits any of the following violations:

a) Using hired or borrowed car parts and accessories during inspection;

b) Operating a motor vehicle or heavy-duty vehicle on public roads with a certificate of technical and environmental safety or stamp of technical and environmental safety (if required) that has expired for less than 01 month (including those for trailers and semi-trailer);

c) Allowing an employee or representative to operate the vehicle committing any of the violations specified in Point b Clause 4 Article 24 hereof, or directly operating the vehicle committing any of the violations specified in Point b Clause 4 Article 24 hereof;

d) Allowing an employee or representative to operate the vehicle committing any of the violations specified in Point d Clause 6 Article 23; Point b Clause 5 Article 24 hereof, or directly operating the vehicle committing any of the violations specified in Point d Clause 6 Article 23; Point b Clause 5 Article 24 hereof;

dd) Operating vehicles that have exceeding service life, except for violations specified in Point I Clause 6 Article 28 hereof;

e) Operating vehicles with certificates of vehicle registration, certificates and stamps certifying technical and environmental safety of the vehicles issued by other than competent authorities or with modified certificates of vehicle registration; operating vehicles with certificates of vehicle registration inconsistent with chassis number of the vehicles (including trailers and semi-trailers);

g) Operating a vehicle without a license plate (if required); or the license plate of which is not consistent with the Certificate of vehicle registration or not issued by a competent authority (including trailers and semi-trailers);

h) Allowing an unqualified person according to Clause l Article 58 (in case of automobiles, tractors and car-like vehicles), Clause l Article 62 (in case of heavy-duty vehicles) of the Law on Road traffic to operate the vehicle on public roads (including those using an expired or revoked driving license or certificates of training in traffic rules);

i) Installing and using devices modifying license plates against regulations and law (including trailers and semi-trailers).

9. For owners of cars, tractors, heavy-duty vehicles and car-like vehicles: A fine ranging from VND 6,000,000 to VND 8,000,000 shall be imposed upon an individual, from VND 12,000,000 to VND 16,000,000 upon an organization that commits any of the following violations:

a) Changing the chassis, engine, brake system, transmission system without permission; changing the original shape or size of the vehicle against the manufacturer’s design or the modified design approved by a competent authority without permission; changing the functions of the vehicles without permission;

b) Transforming other types of vehicle into passenger vehicles;

c) Operating a motor vehicle or heavy-duty vehicle on public roads without a certificate of technical and environmental safety or stamp of technical and environmental safety (if required) or with one that has expired for 01 month or more (including those for trailers and semi-trailer);

d) Allowing an employee or representative to operate the vehicle committing any of the violations specified in Points a and d Clause 5 Article 24 hereof, or directly operating the vehicle committing any of the violations specified in Points a and d Clause 5 Article 24 hereof;

dd) Allowing an employee or representative to operate the vehicle committing any of the violations specified in Clause 3 Article 33 hereof, or directly operating the vehicle committing any of the violations specified in Clause 3 Article 33 hereof;

e) Operating trucks with trunks different from designs of manufacturers or designs registered with vehicle registration bodies or revised designs approved by competent agencies;

g) Operating vehicles for tourism transportation with more or less seats and beds or dimension of cargo bays different from designs of manufacturers or designs registered with vehicle registration bodies or revised designs approved by competent agencies;

h) Allowing an employee or representative to operate the vehicle committing any of the violations specified in Point b Clause 7 Article 23; Point d Clause 6 Article 24 hereof, or directly operating the vehicle committing any of the violations specified in Point b Clause 7 Article 23; Point d Clause 6 Article 24 hereof.

10. For owners of cars, tractors, heavy-duty vehicles and car-like vehicles: A fine ranging from VND 14,000,000 to VND 16,000,000 shall be imposed upon an individual, from VND 28,000,000 to VND 32,000,000 upon an organization that commits any of the following violations:

a) Allowing an employee or representative to operate the vehicle committing any of the violations specified in Points a and b Clause 6 Article 24 hereof, or directly operating the vehicle committing any of the violations specified in Points a and b Clause 6 Article 24 hereof;

b) Allowing an employee or representative to operate the vehicle committing any of the violations specified in Point a Clause 2 Article 25 hereof, or directly operating the vehicle committing any of the violations specified in Point a Clause 2 Article 25 hereof;

c) Allowing an employee or representative to operate the vehicle committing any of the violations specified in Point b Clause 2 Article 25 hereof, or directly operating the vehicle committing any of the violations specified in Point b Clause 2 Article 25 hereof;

d) Allowing an employee or representative to operate the vehicle committing any of the violations specified in Point c Clause 2 Article 25 hereof, or directly operating the vehicle committing any of the violations specified in Point c Clause 2 Article 25 hereof;

dd) Allowing an employee or representative to operate the vehicle committing any of the violations specified in Point d Clause 2 Article 25 hereof, or directly operating the vehicle committing any of the violations specified in Point d Clause 2 Article 25 hereof;

e) Allowing an employee or representative to operate the vehicle committing any of the violations specified in Point a Clause 4 Article 33 hereof, or directly operating the vehicle committing any of the violations specified in Point a Clause 4 Article 33 hereof;

g) Allowing an employee or representative to operate the vehicle committing any of the violations specified in Point b Clause 4 Article 33 hereof, or directly operating the vehicle committing any of the violations specified in Point b Clause 4 Article 33 hereof;

h) Allowing an employee or representative to operate the vehicle committing any of the violations specified in Point c Clause 4 Article 33 hereof, or directly operating the vehicle committing any of the violations specified in Point c Clause 4 Article 33 hereof.

11. A fine ranging from VND 16,000,000 to VND 18,000,000 shall be imposed upon an individual, from VND 32,000,000 to VND 36,000,000 upon an organization that is the owner of a car, tractor, heavy-duty vehicle, or car-like vehicle and requests or allows an employee or representative to operate the vehicle committing any of the violations specified in Clause 7 Article 24 hereof, or directly operates the vehicle committing any of the violations specified in Clause 7 Article 24 hereof.

12. For owners of cars, tractors, heavy-duty vehicles and car-like vehicles: A fine ranging from VND 18,000,000 to VND 20,000,000 shall be imposed upon an individual, from VND 36,000,000 to VND 40,000,000 upon an organization that commits any of the following violations:

a) Allowing an employee or representative to operate the vehicle committing any of the violations specified in Points a and b Clause 8 Article 24 hereof, or directly operating the vehicle committing any of the violations specified in Points a and b Clause 8 Article 24 hereof;

b) Allowing an employee or representative to operate the vehicle committing any of the violations specified in Point b Clause 5 Article 33 hereof, or directly operating the vehicle committing any of the violations specified in Point b Clause 5 Article 33 hereof;

13. A fine ranging from VND 28,000,000 to VND 32,000,000 shall be imposed upon an individual, from VND 56,000,000 to VND 64,000,000 upon an organization that is the owner of a car, tractor, heavy-duty vehicle, or car-like vehicle and requests or allows an employee or representative to operate the vehicle committing any of the violations specified in Point a Clause 6 Article 33 hereof, or directly operates the vehicle committing any of the violations specified in Point a Clause 6 Article 33 hereof.

14. Apart from incurring fines, the violator shall also incur the following additional penalties:

a) The violation(s) specified in Points b, d, h, i and k Clause 5; Points b and e Clause 7; Points e, g and i Clause 8 of this Article shall lead to confiscation of license plates and certificates of vehicle registration (in case already reissued); confiscation of fabricated documents, files and paper; confiscation of license plates, equipment used to modify the license plates, certificates of vehicle registration, certificates and stamps certifying technical and environmental safety of the vehicles and temporary vehicle registration that are unsatisfactory or erased;

b) The violation specified in Point a Clause 5, Point a Clause 7, Point dd Clause 8, Point b Clause 9 of this Article shall lead to confiscation of vehicles;

c) The violation(s) specified in Points g and h Clause 5, Point m Clause 7; Point e Clause 8 of this Article in case of no certificates of vehicle registration or using certificates of vehicle registration issued by other than competent agencies, not matching chassis number or engine number of the vehicle or erased (including trailers and semi-trailers) without documents proving vehicle origin (no documents, certificates on transfer of vehicle ownership or documents, certificates on legal vehicle origin) shall lead to confiscation of vehicle; 

d) The violation(s) specified in Points g, h, i and k Clause 5; Points g, i and m Clause 7; Points b, c, d, dd, e, g and i Clause 8; Points c, d, dd and h Clause 9; Points a and e Clause 10 of this Article in case vehicle owners directly operate the vehicles shall lead to suspension of driving license (in case of road vehicles) and certificates of training in traffic rules (in case of heavy-duty vehicles) from 1 month to 3 months;

dd) The violation(s) specified in Points b, c, d, dd, g and h Clause 10; Clause 11; Point b Clause 12 of this Article in case vehicle owners directly operate the vehicles shall lead to suspension of driving license (in case of road vehicles) and certificates of training in traffic rules (in case of heavy-duty vehicles) from 2 months to 4 months;

e) The violation(s) specified in Point a Clause 12 and Clause 13 of this Article in case vehicle owners directly operate the vehicles shall lead to suspension of driving license (for motor vehicles) or certificate of training in traffic rules (for heavy-duty vehicles) for 3 months to 5 months;

g) The violation(s) specified in Clauses 3 and 6 of his Article in case vehicle owners directly operate vehicle carrying exceeding 50% to 100% more passenger than permitted number shall lead to suspension of driving license from 1 month to 3 months;

h) The violation(s) specified in Clauses 3 and 6 of his Article in case vehicle owners directly operate vehicle carrying exceeding 100% more passenger than permitted number shall lead to suspension of driving license from 3 months to 5 months;

i) The violations specified in Point h Clause 7, Point d Clause 9, Point a Clause 10, Clause 11, Point a Clause 12 of this Article where the cargo container or payload of the vehicle is not conformable shall lead to suspension of the certificate of technical and environmental safety and stamp of technical and environmental safety for 1 month to 3 months;

k) The violation specified in Points a, e and g Clause 9 of this Article shall lead to suspension of certificates and stamps of technical and environmental safety for 1 month to 3 months;

l) The violation(s) specified in Clause 3 and Clause 6 of this Article in case carrying exceeding 50% of number of passengers permissible for transport shall lead to suspension of badges from 1 month to 3 months (if any).  The violation(s) specified in Points h and i Clause 7; Points c, d and dd Clause 9; Clause 10; Clause 11; Clause 12; Clause 13 of this Article shall lead to suspension of badges from 1 month to 3 months (if any).

15. Apart from incurring penalties, following remedial measures shall also be adopted:

a) In case of violation(s) specified in Clause 1; Point b Clause 2 of this Article, enforced restoration of brands and paint color according to certificates of vehicle registration as per the law;

b) In case of violation(s) specified in Point a Clause 2 of this Article, enforced replacement with equipment satisfactory to technical safety standards as per the law;

c) In case of violation(s) specified in Point c Clause 4 and Point dd Clause 7 of this Article, enforced compliance with regulations and law on license plates and lettering on sides and doors of vehicles;

d) In case of violation(s) specified in Points a, e and g Clause 9 of this Article, enforced restoration to original shape, size or technical condition of the vehicle and inspection before permitting operation;

dd) In case of violation(s) specified in Point h Clause 7, Point d Clause 9, Point a Clause 10, Clause 11, Point a Clause 12 of this Article where trunks and amount of goods permissible for transport are not conformable to applicable regulations and law, enforced adjustment of trunks in a manner that is satisfactory to applicable regulations and law, inspection and adjustment of amount of goods in a manner that is satisfactory to certificates of technical and environmental safety before permitting operation of vehicle;

e) In case of violation(s) specified in Clause 3 and Clause 6 of this Article (in case of passenger transportation), enforced allocation of other vehicles to carry passengers exceeding permissible amount;

g) In case of violation(s) specified in Point g, h, i and k Clause 7; Point c Clause 8; Point d and dd Clause 9; Clause 10; Clause 11; Clause 12; Clause 13 of this Article where bridges and roads are damaged, enforced restoration to original condition prior to the administrative violations;

h) In case of violation(s) specified in Point b Clause 4; Points e and g Clause 5; Points c, d, l and m Clause 7 of this Article, enforced adoption of procedures for vehicle registration, registration for transfer, revision and revocation of certificates of vehicle registration, license plates and certificates of technical and environmental safety as per the law (except for cases of vehicle confiscation).

Article 31. Penalties imposed upon attendants on buses, fixed-route passenger vehicles, contract-based passenger vehicles, and tourist vehicles violating traffic rules

1. A fine ranging from VND 80,000 to VND 100,000 shall be imposed for:

a) Failure to help passengers that are children or the elderly that cannot get on and off the vehicle themselves, the people suffering from mobility or visual impairments;

b) Failure to wear uniforms and name tags.

2. A fine ranging from VND 100,000 to VND 200,000 shall be imposed upon a bus attendant that collects money without giving tickets to passengers, or sells tickets at higher prices than prescribed rates.

3. A fine ranging from VND 300,000 to VND 400,000 shall be imposed upon an attendant on a fixed-route passenger vehicle that collects money without giving tickets to passengers, or sells tickets at higher prices than prescribed rates.

4. A fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed for:

a) Transfer passengers to another vehicle without their consent; threatening, humiliating passengers; fighting over passengers; forcing passengers to use services against their will;

b) Forcing passengers to get off the vehicle to avoid inspection by competent persons.

5. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for assaulting passengers.

6. The person committing any of the violations specified in Clause 2, Clause 3 of this Article (overcharging passengers) shall be compelled to return the illegal profit earned from committing the violation.

Article 32. Penalties imposed passengers violating traffic rules

1. A fine ranging from VND 50,000 to VND 100,000 shall be imposed for:

a) Failure to follow the instructions on road safety of the driver and attendants;

b) Disturb the order on the vehicle.

2. A fine ranging from VND 300,000 to VND 400,000 shall be imposed for:

a) Bringing hazardous, flammable explosive chemicals, dangerous goods, or prohibited goods to the vehicle;

b) Hanging from the vehicle; standing, sitting, lying on the hood, roof, or luggage trunk; opening vehicle doors or committing other unsafe acts while the vehicle is running.

3. A fine ranging from VND 2,000,000 to VND 3,000,000 shall be imposed for threatening and harming health of other passengers, drivers and attendants on vehicles.

4. Apart from incurring fines, the person that commits any of the violations specified in Point a Clause 2 of this Article shall have the hazardous, flammable explosive chemicals, dangerous goods, or prohibited goods that are brought on the passenger vehicle confiscated.

Article 33. Penalties imposed upon operators of tracked vehicles, the vehicles exceeding the capacity or dimensional limit of the bridge or road (including passenger vehicles)

1. A fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed for failure to comply with transport permit, except for violations specified in Points a and b Clause 3; Points b and c Clause 4 of this Article.

2. A fine ranging from VND 2,000,000 to VND 3,000,000 shall be imposed for operating a vehicle whose GVW exceeds the capacity of the bridge or road by exceeding 10% to 20%, unless it is permitted in an unexpired license for transport.

3. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for:

a) Carrying goods exceeding the dimensional limit of the bridge or road written in the License for transport;

b) Operating a tracked vehicle on public roads without a License for transport or an unexpired one, or without taking measures to protect the road on which it is running;

c) Operating a vehicle whose size or cargo size exceeds the dimensional limit of the bridge or road on which it is running, unless it is permitted in an unexpired license for transport;

d) Operating a vehicle whose GVW or gross axle weight (including cargo and passengers thereof) exceeds the capacity of the bridge or road by exceeding 20% to 50%, unless it is permitted in an unexpired license for transport.

4. A fine ranging from VND 5,000,000 to VND 7,000,000 shall be imposed for:

a) Operating a vehicle whose GVW or gross axle weight (including cargo and passengers thereof) exceeds the capacity of the bridge or road by exceeding 50% to 100%, unless it is permitted in an unexpired license for transport.

b) Operating a vehicle with an unexpired License for transport but the GVW or gross axle weight of which (including cargo and passengers thereof) exceeds the limit written in the License for transport;

c) Operating vehicles with valid license for transport without sticking to routes designated in the license for transport.

5. A fine ranging from VND 7,000,000 to VND 8,000,000 shall be imposed for operating a vehicle whose GVW or gross axle weight (including cargo and passengers thereof) exceeds the capacity of the bridge or road by exceeding 100% to 150%, unless it is permitted in an unexpired license for transport.

6. A fine ranging from VND 14,000,000 to VND 16,000,000 shall be imposed for:

a) Operating a vehicle whose GVW or gross axle weight (including cargo and passengers thereof) exceeds the capacity of the bridge or road by exceeding 150% unless it is permitted in an unexpired license for transport;

b) Disobeying the order for weight or size inspection; transferring load or using other tricks to pass the inspection.

7. Apart from incurring fines, the vehicle operator that commits the violations shall also incur the following additional penalties:

a) The violation(s) specified in Clause 1, Clause 3, Point a Clause 4 of this Article shall lead to suspension of driving license (for cars, tractors, and car-like vehicles) or the certificate of training in traffic rules (for heavy-duty vehicles) for 1 month to 3 months;

b) The violation(s) specified in Points b and c Clause 4; Clause 5 of this Article shall lead to suspension of driving license (for cars, tractors, and car-like vehicles) or the certificate of training in traffic rules (for heavy-duty vehicles) from 2 months to 4 months;

c) The violation(s) specified in Clause 6 of this Article shall lead to suspension of driving license (for cars, tractors, and car-like vehicles) or the certificate of training in traffic rules (for heavy-duty vehicles) from 3 months to 5 months.

8. If the road infrastructure is damaged by the violations specified in Clauses 1, 2, 3, 4, 5 and 6 of this Article, the vehicle operator committing such violations shall be compelled to repair the damage apart from incurring the penalties.

Article 34. Penalties imposed upon street racers and street racing watchers

1. A fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed for:

a) Gathering to cheer, incite speeding, weaving, chasing, or street racing;

b) Illegally racing bicycles, motored bicycles, tricycles, animal-powered vehicles, or animals on public roads.

2. A fine ranging from VND 7,000,000 to VND 8,000,000 shall be imposed for illegally racing motorcycles, mopeds, and electric motorcycles.

3. A fine ranging from VND 8,000,000 to VND 10,000,000 shall be imposed for illegally racing cars.

4. Apart from incurring fines, the vehicle operator that commits the violations shall also incur the following additional penalties:

a) The violation(s) specified in Point b Clause 1 of this Article shall lead to confiscation of vehicles (except for animals use to ride or tow);

b) The violation(s) specified in Clauses 2 and 3 of this Article shall lead to confiscation of vehicle and revocation suspension of driving license from 03 months to 05 months.

Article 35. Penalties imposed upon operators of motor vehicles bearing foreign license plates

1. A fine ranging from VND 500,000 to VND 1,000,000 shall be imposed upon the operator of a motor vehicle bearing a foreign license plate who commits any of the following violations:

a) Operating a vehicle without a symbol for nationality recognition;

b) The vehicle documents are not translated into English or Vietnamese;

c) Operating a passenger vehicle without a list of passengers.

2. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for:

a) Operating the vehicle within Vietnam’s territory beyond the deadline;

b) Operating the vehicle beyond permissible areas;

c) Operating the vehicle without a license for international transport or international shipping badge or without an unexpired one;

d) Operating a vehicle without a temporary license plate (if required) or one issued by a competent authority;

dd) Transporting passengers or cargo against concluded Agreements or Protocols on road transport;

e) Operating a right-hand drive vehicle or a foreigner’s vehicle in Vietnam on public roads for tourism purposes without a guiding vehicle as prescribed;

g) The nationality of the operator of the right-hand drive vehicle or a vehicle bearing a foreign license plate is not correct.

3. Apart from incurring penalties, the vehicle operator that commits any of the violations in Point a, Point c, Point d, Point dd Clause 2 of this Article shall be compelled to re-export the vehicle from Vietnam.

Article 36. Penalties imposed upon operators of vehicles registered to be operated within in free trade zones and border checkpoint economic zones

1. A fine ranging from VND 500,000 to VND 1,000,000 shall be imposed upon the operator of a motorcycle or moped who commits any of the following violations:

a) Failure to present the declaration of temporarily imported road vehicles;

b) Operating the vehicle without a badge or an unexpired one or one issued by a competent authority.

2. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed upon the operators of a car or car-like vehicle who commits any of the following violations:

a) Failure to present the declaration of temporarily imported road vehicles;

b) Operating the vehicle without a badge or an unexpired one or one issued by a competent authority.

3. Apart from incurring fines, the vehicle operator that commits the violations shall also incur the following additional penalties:

a) The violation(s) specified in Point b Clause 1, Point b Clause 2 of this Article in case of expired badges or badges issued by other than competent authorities shall lead to confiscation of badges;

b) The vehicle shall be confiscated in case of recommitment of any of the violations specified in Clause 1, Clause 2 of this Article.

4. Apart from incurring penalties, the vehicle operator that commits any of the violations specified in Clause 1 and Clause 2 of this Article shall be compelled to return the vehicle to the free trade zone or border checkpoint economic zone.

Article 37. Penalties for violations against regulations on driver training and driving test

1. A fine ranging from VND 600,000 to VND 800,000 shall be imposed upon the driving instructor who commits any of the following violations:

a) Allowing the learner who is not wearing the learner’s badge to drive the instructional vehicle;

b) Carrying passengers or cargo on the instructional vehicle against the law;

c) Failure to adhere to the route in the license for instructional vehicle; failure to sit next to the learner to assist in steering (even in the practice yard and on public roads);

d) Failure to wear the instructor’s badge while teaching;

dd) Failure to have a lesson plan or a suitable one;

e) Driving instructors' failure to carry valid license for instructional vehicle.

2. A fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed upon a driver training institution that commits any of the following violations:

a) Using a vehicle without a roof or solid seat for learners as an instructional vehicle as per the law;

b) Failure to sign and finalize training contracts with learners; signing or finalizing a training contract not bearing the learner’s signature;

c) Failure to publicize enrolment and training regulations and tuition rate as per the law.

3. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for:

a) The driver training institution that fails to appoint an instructor to sit next to the learner to assist in driving, or appoint an unqualified person as an instructor;

b) The driver training institution that uses an instructional vehicle without the license for instructional vehicle or the “Tập lái” (Driving instruction) sign, fails to write the name of the training institution on the doors or both sides of the vehicle;

c) The driver training institution that uses an instructional vehicle without a twin brake system or a working one;

d) The driver training institution that recruits learners whose age, health, education, seniority, or length of safe driving does not match the class of vehicle they learn;

dd) The driver training institution that does not have adequate driving instructors to serve the training capacity from time to time;

e) The driver training institutions’ failure to fully store documents of a training course as per the law;

g) The individual that provides false information or fraudulent documents to be allowed to learn, take the test and to be granted the driving license or certificate of training in traffic rules;

h) Driver training institutions' failure to maintain conditions specified in “National technical regulations on road driver training institutions”, except for violation(s) specified in Clauses 4, 5 and 7 of this Article;

i) The driver training institutions' failure to fully store documents of a training period;

k) Persons attending driving test carrying cell phones or devices allowing telecommunication via images and sound to rooms for written test, on testing vehicles or conducting other violations thus falsifying the test results.

4. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed upon:

a) The driver training institution that provides driver training beyond the capacity written in the license for driver training;

b) The driver training institution that provides driver training at a location other than that written in the license for driver training;

c) The driver training institutions’ failure to fully store documents of 2 or more training courses as per the law;

d) The driver training institution that allows more learners on an instructional vehicle than the legal limit;

dd) The driver training institution that fails to have adequate classrooms or classrooms having adequate teaching materials;

e) The driver training institution that fails to a decent practice yard or without one that satisfies all requirements;

g) The driver training institution that does not have adequate instructional vehicles of all levels to serve the training capacity from time to time or using instructional vehicles for training of inadequate level;

h) The driving test center that fails to publicly post the testing charges and other service charges as prescribed;

i) The driver training institution’s failure to obtain properly functional devices to monitor attendance during theory classes, period and route of practice driving classes of learners;

k) The driver training institution's failure to install properly functional sound system to publicly announce errors of driving examinees during circuit tests as per the law;

l) The driving training institution’s failure to equip adequate properly functional screens to publicize recorded images of rooms for theory tests and driving test results as per the law. 

5. A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed upon:

a) The driver training institution that provides driver training in vehicle classes other than those permitted;

b) The driver training institution that fails to adhere to the prescribed training program;

c) The driver training institution that issues Certificates of course completion or certificates of basic training to learners against the rules;

d) The driver training institution that uses technical measures, peripheral equipment and other measures to interfere in operation and falsify data of devices monitoring attendance in theory classes, period and route of practice classes;

dd) The driver training institution that fails to install adequate and properly functional surveillance camera recording images of theory tests and circuit tests as per the law;

e) The driver training institution whose more than 50% of vehicles for circuit testing are ineligible for testing as per the law;

g) The driver training institution whose more than 50% of vehicles for road testing are ineligible for testing as per the law;

h) The driver training institution whose more than 50% of computers for theory testing are ineligible for testing as per the law;

i) The driver training institution that deliberately repositions function rooms or changes the tests without acceptance of competent regulatory agencies;

k) The driver training institutions' failure to fully store documents of 2 or more training periods as per the law.

6. A fine ranging from VND 6,000,000 to VND 8,000,000 shall be imposed on an individual and from VND 12,000,000 to VND 16,000,000 on an organization which organizes admission and training for driver without having license for driver training.

7. A fine ranging from VND 16,000,000 to VND 20,000,000 shall be imposed upon the driving test center that:

a) Changing or using the testing software, grading devices, and classes of testing vehicles without approval by a competent authority;

b) Using a computer having answers to the questions or connected to a network outside the examination room during the driver knowledge test;

c) Using inaccurate grading devices during the test; using improper markings or symbols on the testing yard or testing vehicle during the test.

8. The driving instructor that allows the learner to commit any of the violations specified in Article 5 of this Decree shall incur a corresponding penalty for such violation.

9. Apart from incurring fines, the violator shall also incur the following additional penalties:

a) The driver training institutions committing violation(s) specified in Points a, b, c, d, dd and e Clause 3; Points a, b, d, dd, e, g and i Clause 4; Point d Clause 5 of this Article shall be suspended from admission from 1 month to 3 months;

b) The driver training institutions committing violation(s) specified in Point c Clause 4; Points a, b, c Clause 5 of this Article shall be suspended from admission from 2 months to 4 months;

c) The driver training institutions committing violation(s) specified in Point i Clause 3; Points k and l Clause 4; Points dd, e, g, h and i Clause 5 of this Article shall have the “Certificate of qualified driving test center” suspended from 1 month to 3 months;

d) The driving test center that commits any of the violations specified in Point k Clause 5; Clause 7 of this Article shall have the certificate of qualified driving test center suspended from 2 months to 5 months;

dd) The violation(s) specified in Point g Clause 3 of this Article shall lead to confiscation of fraudulent documents.

Article 38. Penalties for violations against regulations on inspection of technical and environmental safety of motor vehicles

1. A fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed upon the inspector of the Registry who commits any of the following violations:

a) Falsifying inspection results;

b) Failure to follow relevant procedures and regulations during the inspection.

2. A fine ranging from VND 5,000,000 to VND 7.000.000 shall be imposed upon the Registry that commits any of the following violations:

a) Failure to publicly put up inspection procedures at its office;

b) Failure to carry out inspections as assigned;

c) Employing unqualified people as inspectors;

d) Carrying out inspections without adequate devices and personal protective equipment;

dd) Failure to assign adequate number of inspector per inspection line;

e) Number of vehicles inspected and issued with certificates per inspection line exceeding that prescribed by regulations and law.

3. A fine ranging from VND 8,000,000 to VND 12,000,000 shall be imposed upon the Registry that commits any of the following violations:

a) Using a testing device without a certification or an unexpired one;

b) Using a testing device that is broken and thus inaccurate;

c) Failure to supervise the inspection processes and verify inspection results;

d) Failure to store inspection data as per the law.

4. Apart from incurring fines, the violator shall also incur the following additional penalties:

a) The violation(s) specified in Clause 1 of this Article shall lead to suspension of inspector certificate shall be suspended from 1 month to 3 months;

b) The violation(s) specified in Points c, d ,dd and e Clause 2; Points a and b Clause 3 of this Article shall lead to suspension of certificates of satisfaction of conditions for motor vehicle inspection from 1 month to 3 months.

Chapter III

VIOLATIONS, PENALTIES, FINES, AND REMEDIAL MEASURES FOR RAIL TRANSPORT OFFENCES

Section 1. VIOLATIONS AGAINST REGULATIONS ON RAILWAY SIGNALS, RAILWAY RULES, AND RAILWAY SAFETY

Article 39. Penalties for violations regarding installation of signaling systems and devices at railroad crossings and road-rail bridges; connection between traffic lights and lights installed at railroad crossings and road-rail bridges; provision of safety information at junction between railways and roads

1. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed upon the organization responsible for railway infrastructure management, operation, and maintenance that commits any of the following violations:

a) Failure to provide adequate safety information to execute tasks at safety signaling positions;

b) Failure to provide adequate equipment serving safety signally as per the law.

2. A fine ranging from VND 6,000,000 to VND 8,000,000 shall be imposed on a national railway infrastructure company, an organization assigned to manage and maintain national railway infrastructure or an owner of specialized railway with road-rail bridges that commits any of following violations:

a) Failure to establish means of communication between stations at 2 ends of bridges to ensure coherent and safe traffic as per the law;

b) Failure to establish road and rail connection at road-rail bridges under management of the company as per the law.

3. A fine ranging from VND 8,000,000 to VND 10,000,000 shall be imposed on an organization assigned to manage, utilize and maintain road infrastructure, a railway infrastructure company, an organization assigned to manage and maintain national railway infrastructure or an owner of specialized railway that commits any of following violations:

a) Failure to adequately install and maintain normal operation of signaling systems, signals and equipment at level-crossings and road-rail bridges, failure to organize safety measures as per the law;

b) Failure to report promptly, failure to cooperate with competent agencies regulating traffic to ensure safe traffic at level crossings when traffic lights situated on road section of the level crossings under management are damaged;

c) Failure to issue policies on reporting and maintaining signal connection systems under management as per the law;

d) Failure to prepare plans for construction and maintenance of structures and equipment of signal connection systems under management as per the law.

4. Apart from the penalties, the organization assigned to manage, utilize and maintain road infrastructure that commits the violation specified in Point a Clause 3 of this Article shall be compelled to adequately install and maintain signaling systems and devices and implementing safety measures at railroad crossings as prescribed.

Article 40. Penalties for violations against regulations on inspection and repair of coaches, train assembly and brake testing

1. A fine ranging from VND 300,000 to VND 500,000 shall be imposed upon the inspector that:

a) Fails to inspect and repair inbound and outbound trains or inadequately inspects and repairs inbound and outbound trains;

b) Repairs coaches on the rail in a station without implementing safety measures as per the law;

c) Allows a car unsatisfactory to national technical regulations on technical and environmental safety connects with the train;

d) Fails to detect or repair damage to the coaches and thus causes train delay.

2. A fine ranging from VND 500,000 to VND 1,000,000 shall be imposed upon a train dispatcher or traffic controller who assembles a train against national technical regulations on rail operation.

3. A fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed upon a train dispatcher or traffic controller that:

a) Assembles a train that includes a car unsatisfactory to national technical regulations on technical and environment safety, unless the vehicle is put to test or damaged vehicle is brought back to facility for repair;

b) Assembles cargo coaches that contain animals, stinky goods, flammable/explosive substances, hazardous substances, or other dangerous goods into a passenger train.

4. A fine ranging from VND 2,000,000 to VND 3,000,000 shall be imposed upon a traffic controller, train captain, train driver, or train inspector that:

a) Allows a train without sufficient brake pressure to run from the assembly station to another station that requires brake testing;

b) Allows a train to run without brake testing.

5. A fine of VND 3,000,000 to VND 4,000,000 shall be imposed upon a rail transport enterprise, railway infrastructure enterprise or owner of specialized railway that commits any of the following violations:

a) The rail transport enterprises failing to regulate contents and titles in charge of technical inspection as per the law;

b) Railway infrastructure enterprises and owners of specialized railway failing to regulate location for technical inspection of the train and failing to supervise the technical inspection as per the law.

6. A fine ranging from VND 4,000,000 to VND 5,000,000 shall be imposed on an organization assigned to repair, manage and utilize railway vehicles which lacks adequate and necessary technical equipment, components and materials to prepare, examine and maintain railway vehicles at locomotive station and rail car repair stations as per the law.

7. Apart from incurring penalties, the person that commits any of the violations specified in Clause 4 of this Article shall be compelled to carry out brake testing as prescribed.

Article 41. Penalties for violations against regulations on shunting

1. A fine ranging from VND 500,000 to VND 1,000,000 shall be imposed upon the driver of the shunter, shunting commander or worker that:

a) Allows the locomotive to move before receiving a shunting plan or signal from the shunting commander;

b) Exceeds the permissible shunting limit;

c) Kicks or drops a coach marked “No kicking”, or in a station where kicking is prohibited;

d) Kicks a coach to a track where another coach is under repair or loading; kicks a coach to a track in the rail section or a track where lighting is insufficient, or in a foggy or storming whether;

dd) Lets the coach pass the safety mark after shunting, except for prescribed special cases;

e) Leaves a locomotive or coach on a safety track without order from a competent person;

g) Place chokes on the rail where prohibited;

h) Carries out shunting before the coaches are connected as prescribed;

i) Leaves unclassified and coaches on the station rail in the rail section or separate track without connecting them or applying the brakes at the ends of the consists or choking properly.

2. A fine ranging from VND 1,000,000 to VND 1,500,000 shall be imposed upon the train driver or shunting commander who shunts the train beyond the station perimeter.

3. A fine ranging from VND 1,500,000 to VND 2,000,000 shall be imposed upon a train dispatcher or traffic controller that:

a) Leaves cars carrying dangerous commodities (flammable and explosive substances) disconnected from the train and separated from one another, choked improperly, situated on other than a separate track or indicated with mobile “stop” signals after shunting;

b) Fails to switch rails that are leading to cars containing dangerous commodities (explosives and flammable substances) to other routes.

4. Apart from incurring penalties, following remedial measures shall also be adopted:

a) The violation(s) specified in Point a Clause 3 of this Article shall lead to repositioning of cars containing dangerous commodities (explosives and flammable substances in accordance with regulations and law on shunting;

b) The violation(s) specified in Point b Clause 3 of this Article shall lead to repositioning of rails to lead to other routes in accordance with regulations and law on shunting.

Article 42. Penalties for violations against regulations on train operation

1. A fine ranging from VND 200,000 to VND 400,000 shall be imposed upon the operators, captains and vices in charge of passenger safety of passenger trains, or traffic controllers who fail to sign the warning.

2. A fine ranging from VND 400,000 to VND 500,000 shall be imposed upon the train drivers, train captains, vices, traffic controllers, train inspectors or accompanying technicians who fail to perform brake test, fully specify details or sign the certification of brake functionality as prescribed.

3. A fine ranging from VND 1,000,000 to VND 3,000,000 shall be imposed upon the train driver that:

a) Reverses the train in a foggy or stormy weather without receiving signals;

b) Reverses the train while the signal transmission is interrupted while another train in the same direction is running behind;

c) Reverses the train in the rail section without orders;

d) Runs or reverses the train without permission after a distress signal has been sent;

dd) Reverses the train when is pushed by a locomotive to the rail section.

4. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed upon a traffic controller, train captain, train driver, or switchman that:

a) Traffic controller, driver and captain allowing the trains to enter rails connecting 2 stations without obtaining permission to do so;

b) Traffic controller and switchman allowing unauthorized persons to perform their tasks without permission.

5. Apart from incurring fines, a vehicle operator that commits any of the violations specified in Clause 3 and Point a Clause 4 of this Article shall also have his/her driving license suspended from 1 month to 3 months.

Article 43. Penalties for violations against regulations on receiving and sending trains

1. A fine ranging from VND 200,000 to VND 400,000 shall be imposed upon a rail worker that commits any of the following violations on guard duty:

a) Failure to receive or send inbound and outbound trains while on watch at the station, switch, crossing, road-rail bridge, or while patrolling a bridge or road, or failure to do so properly, except for violations specified in Clauses 2, 3 and 4 of this Article;

b) Failure to record every telegram while on watch at the station;

c) Failure to record sufficient information about the times when trains pass by while on watch at the station, crossing, or road-rail bridge.

2. A fine ranging from VND 500,000 to VND 1,000,000 shall be imposed upon the traffic controller allows the train to park before the entrance signal post without acceptable explanation.

3. A fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed upon the flagman at the crossing or road-rail bridge that fails to erect the barrier on time.

4. A fine ranging from VND 2,000,000 to VND 4,000,000 shall be imposed upon the traffic controller that commits any of the following violations:

a) Failure to take safety measures when a train is approaching;

b) Mistaking the trains;

c) Receiving or sending a train without taking the switch key or lock the switch;

d) Allows a train to enter a rail section without notifying the flagman or persons watching road-rail bridges as prescribed;

dd) Allowing other railway vehicles to take over main rail in the stations, unless in case of force majeure (dodging, overtaking, shunting, coupling, evacuation and rescue);

e) Failure to inform traffic controllers about stations of arrival and stations of departure, train dispatchers about train number, actual time of arrival and departure and crossing when the trains arrive, depart and cross the stations as per the law;

g) Failure to examine and confirm whether shunting or coupling may have influenced and obstructed tracks for receiving and sending trains as per the law.

Article 44. Penalties for violations against regulations on observance of railway signals

1. A fine ranging VND 300,000 to VND 500,000 shall be imposed upon the train driver, shunting commander or worker that commits any of the following violations:

a) Failure to respond to shunting signals by blowing the train whistle;

b) Failure to send appropriate signals while shunting.

2. A fine ranging from VND 500,000 to VND 1,000,000 shall be imposed on flagman and persons watching road-rail bridges for failing to regulate traffic when barriers are down, lighting signals are not functioning or improperly functioning.

3. A fine to VND 2,000,000 to VND 3,000,000 shall be imposed upon the train driver or train captain that:

a) The train driver or captain who allows the train to run without receiving a safety signal from the traffic controller or the signaling employee;

b) The train driver who drives the train pass the signals to enter or leave a closed station without permission from the chief traffic controller;

c) The train driver who fails to stop the train when it reaches the protective flare and the flare sets off ;

d) The train driver who keeps the train running after receiving the stop signal.

4. Apart from incurring fines, a vehicle operator that commits any of the violations specified in Points b, c and d Clause 3 of this Article shall also have his/her driving license suspended from 1 month to 3 months.

Article 45. Penalties for violations against regulations on development and publication of maximum load order, maximum speed order and timetable

1. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed on a rail transport enterprise who fails to publicize or inadequately publicize timetable as per the law.

2. A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed upon a national rail infrastructure enterprise that commits any of the following violations:

a) Failure to adequately publicize timetable on mass media and website of the enterprise as per the law;

b) Failure to publicize maximum load order and maximum speed order on website of the enterprise as per the law.

3. A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed on a national rail infrastructure enterprise who fails to adequately satisfy work items specified in the maximum load order, maximum speed order and timetable as per the law.

Article 46. Penalties for violations against regulations on train dispatching

1. A fine ranging from VND 200,000 to VND 400,000 shall be imposed upon the train dispatcher that fails to check the adherence to the timetable and train assembly plan.

2. A fine of VND 2,000,000 to VND 3,000,000 shall be imposed upon the train dispatcher that commits any of the following violations:

a) Sending train orders ultra vires;

b) Failure to order the traffic controller to send warnings to the train driver in time;

c) Failure to order the blockade of a rail section to execute construction or repair railway infrastructure; sending a rescue train or building train to the section that need blocking;

d) Causing train delay or traffic congestion due to late transmission of orders.

3. A fine ranging from VND 3,000,000 to VND 4,000,000 shall be imposed upon the train dispatcher who fails to warn train driver, train captain, or traffic controller as per the law.

Article 47. Penalties for violations against regulations traffic at railroad crossings, road-rail bridges, and tunnels

1. A fine ranging from VND 60,000 to VND 100,000 shall be imposed on any pedestrian who trespasses the barrier of the crossing or road-rail bridge when barrier is moving or has closed or the light has turned red; disobeys the signals, signs, road markings, or instructions of the flagman when going through the crossing or road-rail bridge, or tunnel.

2. A fine ranging from VND 80,000 to VND 100,000 shall be imposed on any bicycle, motored bicycle, or non-motorized vehicle operator that disobeys the signals, signs, or road markings when going through the crossing or road-rail bridge.

3. A fine ranging from VND 100,000 to VND 200,000 shall be imposed upon any bicycle, motored bicycle, non-motorized vehicle operator that stops or parks within crossing length; trespasses the barrier of the crossing or road-rail bridge while the barrier is moving or when the light has turned red; disobeys the signals or instructions of the flagman when going through the crossing or road-rail bridge.

4. A fine ranging from VND 200,000 to VND 300,000 shall be imposed upon any motorcycle and moped operator (including electric motorcycles) who stops or parks within the length of the crossing or road-rail bridge, or disobeys the signals, signs, or road markings when going through the crossing or road-rail bridge.

5. A fine ranging from VND 600,000 to VND 1,000,000 shall be imposed upon any motorcycle and moped operator (including electric motorcycles) that trespasses the barrier of the crossing or road-rail bridge while the barrier is moving or when the light has turned red; disobeys the signals or instructions of the flagman when going through the crossing or road-rail bridge.

6. A fine ranging from VND 800,000 to VND 1,000,000 shall be imposed upon any operator of a car, tractor or heavy-duty vehicle who stops parks or makes an u-turn within the length of the crossing or road-rail bridge; disobeys the signals, signs, or road markings when going through the crossing or road-rail bridge.

7. A fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed upon any operator of a tractor or heavy-duty vehicle who trespasses the barrier of the crossing or road-rail bridge while the barrier is moving or when the light has turned red; disobeys the signals or instructions of the flagman when going through the crossing or road-rail bridge.

8. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed upon any operator of a car or car-like vehicle who trespasses the barrier of the crossing or road-rail bridge while the barrier is moving or when the light has turned red; disobeys the signals or instructions of the flagman when going through the crossing or road-rail bridge.

9. A fine ranging from VND 5,000,000 to VND 7,000,000 shall be imposed upon any operator of a road vehicle who:

a) Damages the barrier or other equipment at the crossing or road-rail bridge while operating the motor vehicle;

b) Drives a tracked vehicle, iron-wheel road roller, transporter of oversized cargo or cargo exceeding the dimensional limit across the crossing without notifying the crossing management unit, or without taking safety measures properly.

10. Apart from incurring fines, persons committing violations specified in Clauses 5, 7, 8 and 9 of this Article shall also have their driving license (in case of motor vehicles) or certificates of training in traffic rules (in case of heavy-duty vehicle) from 1 month to 3 months.

11. Apart from incurring the penalties, the vehicle operator who commits any of the violations specified in Clause 9 of this Article shall be compelled to repair the damage caused by the violation.

Article 48. Penalties for violations against regulations on prevention and settlement of railway accidents

1. A warning or a fine ranging from VND 100,000 to VND 200,000 shall be imposed upon the individual that fails to report railway accident, behavior or incident potentially obstructing or rendering rail transport unsafe to the nearest train station, railway authority, local authority, or police station.

2. A fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed upon the responsible individual who fails to discover incidents or obstacles on the railway that threaten the rail transport safety, or fails to report them or take protective measures properly.

3. A fine ranging from VND 2,000,000 to VND 3,000,000 shall be imposed upon the responsible individual who fails compile initial documents about the accident; fails to report the railway accident relevant entities as prescribed.

4. A fine ranging from VND 3,000,000 to VND 4,000,000 shall be imposed upon an individual, from VND 6,000,000 to VND 8,000,000 upon an organization that commits any of the following violations:

a) Failure to provide adequate documents and evidence relating to railway accidents; failure to transfer initial documents on the accidents as per the law;

b) Failure to perform rescue duty while capable;

c) Failure to be present at the crash scene of a railway accident when informed or when requested for cooperation and assistance;

d) Failure to take measures for preventing railway accidents when discovering or informed of damage to a railway work;

dd) Failure to resolve the issues affecting the train operation;

e) Obstructing the restoration of the railway when an accident happens.

5. A fine ranging from VND 6,000,000 to VND 8,000,000 shall be imposed upon any person:

a) Changing the crash scene;

b) Taking advantage of the railway accident to appropriate property or vehicle involved in the accident; disturbing, obstructing the handling of the railway accident;

c) Failure to report to a competent authority after causing a railway accident;

d) Failure to cooperate or disobeying orders of competent persons or authorities for repair of damage and restoration of rail transport.

6. A fine ranging from VND 8,000,000 to VND 12,000,000 shall be imposed upon a rail infrastructure enterprise, urban railway enterprise or specialized railway enterprise that commits any of the following violations:

a) Failure to establish a rescue body or analysis body upon railway accidents as per the law;

b) Failure to store documents on railway accidents, failure to regularly update figures of railway accidents as per the law;

c) Failure to specify responsibilities of units participating in national railway in dealing with railway accidents, failure to publicize address and phone number of relevant organizations and individuals to enable handling railway accidents as per the law.

7. A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed upon the rail transport enterprise that commits any of the following violations:

a) Failure to develop and implement measures to prevent and remediate railway accidents to ensure safe and continuous rail transport;

b) Failure to obey direction of the organization in charge of preventing and handling railway accidents;

c) Failure to report threats to train operation and suspension of train operation to the traffic controllers at two ends of the rail section where the threat is found, or to the rail transport operators;

d) Failure to suspend train operation when the rail infrastructure is found threatening train operation safety;

dd) Failure to establish response and rescue teams to deal with railway accidents.

Article 49. Penalties for violations against regulations on railway safety assurance

1. A fine ranging from VND 300,000 to VND 500,000 shall be imposed upon any person:

a) Walking, standing, lying, sitting or conducting other activities on railways, on bridges and tunnels solely for rail transport, other than railway personnel and competent agencies on duty;

b) Trespassing the fences or walls that separate the railway from the surrounding;

c) Taking animals across the railway at inappropriate positions, or leaving animals to pull a vehicle across the railway without a rider;

d) Walking, standing, lying, sitting or conducting other activities on the roof of the coach, locomotive, steps; hanging, standing, sitting on the sides of the coach, locomotive, or connector; opening the train doors; poking the head, arm, leg, or other stuff out the coach when the train is running, except for railway personnel and competent agencies on duty;

dd) Placing farm produce and other objects on the railway line or other railway works;

e) Spilling debris or other materials on the railway line.

2. A fine ranging from VND 2,000,000 to VND 3,000,000 shall be imposed upon any person:

a) Anchoring a ship, boat, other watercraft or object within the safety perimeter of the railway bridge;

b) Placing a road vehicle, equipment, materials, or cargo in the railway clearance, except for the violations specified in Point b Clause 3 of this Article.

3. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed upon any person:

a) Obstructing the train operation; arbitrarily using signals or equipment to stop the train, unless a threat to railway safety is found;

b) Placing obstacles on the railway line;

c) Opening closed barriers on purpose.

4. A fine ranging from VND 5,000,000 to VND 8,000,000 shall be imposed upon an individual, from VND 10,000,000 to VND 16,000,000 upon an organization which owns electricity or telecommunication structure that commits any of the following violations:

a) Failure to adopt measures to ensure railway structure safety and rail transport safety in case the electricity or telecommunication structure is situated within safety perimeter of the railway work and railway safety corridor;

b) Failure to adopt safety measures thus causing the electricity structure or power lines to disturb railway information and signaling systems;

c) Failure to adopt measures to ensure safety of railway equipment, structure and rail transport in case the power lines are met with accidents or downed within safety perimeter of the railway work and railway safety corridor;

5. A fine ranging from 5,000,000 to VND 10,000,000 shall be imposed upon any individual who drops wood, stones, or other objects causing a railway accident.

6. A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed on a national railway infrastructure company, an organization assigned to manage and maintain national railway infrastructure or an entity managing and utilizing specialized crossing that fails to assign personnel to guard the crossings under management as per the law.

7. A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed upon a national rail infrastructure enterprise that commits any of the following violations:

a) Failure to adopt technical solutions to ensure rail transport safety during utilization and trade of railway infrastructure with respect to routes permitted to use slopes steeper than limited gradient;

b) Failure to develop safety measures to enable passengers to get on and get off trains in stations with platforms that have not been upgraded or renovated.

8. Apart from the fines, the violator shall also be compelled to:

a) The violation(s) specified in Point a Clause 1 of this Article shall lead to removal from the railway, bridges and tunnels used solely for rail transport;

b) The violation(s) specified in Point dd Clause 1 of this Article shall lead to removal of farm produce and other objects from the railway line or other railway works;

c) The violation(s) specified in Point e Clause 1, Point b Clause 3 of this Article shall lead to removal of debris, obstacles, and other materials from the railway lines;

d) The violation(s) specified in Point a Clause 2 of this Article shall lead to removal of ships, boats, other watercrafts or objects from the safety perimeter of the railway bridges;

dd) The violation(s) specified in Point b Clause 2 of this Article shall lead to removal of road vehicles, equipment, materials and cargoes from the railway clearance;

e) The violation(s) specified in Clause 4 of this Article shall lead to adoption of measures to ensure railway safety;

Article 50. Penalties for violations against regulations on management of urban railway safety assurance

1. A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed upon an urban rail enterprise that commits any of the following violations:

a) Bringing urban railway into operation without certificates of verification of safety dossier of urban railway system as per the law;

b) Bringing urban railway into operation without periodic certificates of operation safety management system for urban railway that are valid or issued by competent agencies.

2. Apart from incurring penalties, urban railway enterprises committing violation(s) specified in Clause1 of this Article shall also be suspended from railway operation from 1 month to 3 months.

Section 2. VIOLATIONS AGAINST REGULATIONS ON RAILWAY INFRASTRUCTURE

Article 51. Penalties for violations against regulations on protection of railway works

1. A fine ranging from VND 300,000 to VND 500,000 shall be imposed upon any individual who dumps garbage on the railway or dropping domestic waste from the train to the railway.

2. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed upon an individual, from VND 6,000,000 to VND 10,000,000 upon an organization that commits any of the following violations:

a) Dumping or allowing toxic substances and wastes on railway or releasing wastes that have not been certified in terms of environmental hygiene on railway;

b) Dumping debris, other materials on the railway or dropping them from the train to the railway in transit;

c) Leaving flammable substances or explosives in safety perimeter of the railway work and railway safety corridor;

d) Obstructing rail transport signals;

dd) Damaging the railway drainage system;

e) Illegally placing concrete, wood, steel, or other materials within the railway or within safety perimeter of the railway work;

g) Pumping or releasing water or other liquid thus flooding the track ballast, impacting drainage capacity of railway drainage system or affecting railway structure quality and safety.

3. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed upon an individual, from VND 10,000,000 to VND 20,000,000 upon an organization that commits any of the following violations:

a) Digging, extracting, piling earth, stone or other materials within the perimeter of the railway work or the railway safety corridor;

b) Illegally damaging or dismantling walls and barriers separating railway from the surrounding areas; illegally displacing, destroying or removing railway station markers, markers of land areas for rail transport, fences which are used for concealing improvised pathways and pillars for restricting improvised pathways;

c) Damaging, changing, moving the signs, landmarks, or signals of railway works.

4. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed upon an individual, from VND 20,000,000 to VND 40,000,000 upon an organization that commits any of the following violations:

a) Creating improvised pathways across railway;

b) Illegally drilling, digging or cutting the railway;

c) Illegally dismantling or displacing the rails, sleepers, parts, components, supplies, and equipment of the railway signaling system;

d) Illegally extending telecommunication or power lines, constructing bridges, overpasses, tunnels, underpasses, sewers, electric poles, utility poles, water transmission and distribution system, pipes for water supply and drainage, telecommunication works (including structures serving national defense and security) across the railway or within land area for rail transport.

5. A fine ranging from VND 20,000,000 to VND 25,000,000 shall be imposed on an individual and from VND 40,000,000 to VND 50,000,000 on an organization that uses explosive or extracts stones, sand, or gravel causing the railway work to subside, crack, or blocking rail transport;

6. Apart from incurring penalties, following remedial measures shall also be adopted:

a) The violation(s) specified in Clause 1; Point a, Point b Clause 2 of this Article shall lead to removal of debris, hazardous substances, waste, and other materials from the railway;

b) The violation(s) specified in Point c Clause 2 of this Article shall lead to removal of flammable or explosive substances from the land area for rail transport;

c) The violation(s) specified in Point d Clause 2 shall lead to removal of objects that block the signs, landmarks, or signals of the railway work;

d) The violation(s) specified in Point dd Clause 2 of this Article shall lead to restoration to original condition of railway drainage system prior to the administrative violations;

dd) The violation(s) specified in Point e Clause 2 of this Article shall lead to removal of concrete, wood, steel, or other materials from the safety perimeter of the railway work;

e) The violation(s) specified in Point g Clause 2; Clause 3; Points a, b and c Clause 4; Clause 5 of this Article shall lead to restoration to original conditions prior to the administrative violations;

g) The violation(s) specified in Point d Clause 4 of this Article shall lead to deconstruction of constructions illegally built (without permit or different from permits) and restoration to original conditions prior to the administrative violations.

Article 52. Penalties for violations against regulations on construction, resource attraction, and other activities in the vicinity of railway works

1. A fine ranging from VND 1,000,000 to VND 3,000,000 shall be imposed upon an individual, VND 2,000,000 to VND 6,000,000 upon an organization that carries out construction or resource attraction or other activities in the vicinity of a railway work without taking measures for assurance of railway work safety and rail transport safety.

2. A fine ranging from VND 3,000,000 to VND 6,000,000 shall be imposed upon an individual, from VND 6,000,000 to VND 12,000,000 upon an organization that commits any of the following violations:

a) Building a lime kiln, pottery kiln, brick kiln, cast iron, steel, or glass melting furnace at a distance of less than 10 m from the boundary of the railway safety corridor;

b) Building a house from flammable materials at a distance of less than 05 m from the boundary of the railway safety corridor;

c) Constructing telecommunication antennas, communication lines and power lines in a manner that distance from the bottom of said poles to the shoulders of roadbeds that are not cut or filled, bottom of the slopes of filled roads, top of the slops of cut roads, outer edges of structures of railway bridges, communication and signaling lines are less than 1.3 times the height of said poles or less than 5 meters without acceptance of Minister of Transport;

d) Executing construction or resource extraction or other activities in the vicinity of a railway work damaging the railway work;

dd) Erecting constructing within traffic safety corridor in crossing areas without assigning watchmen.

3. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed upon an individual, from VND 20,000,000 to VND 40,000,000 upon an organization that commits any of the violations specified in Clause 1 and Clause 2 of this Article causing a railway accident.

4. Apart from incurring penalties, following remedial measures shall also be adopted:

a) The violation(s) specified in Clause 1 of this Article shall lead to immediate adoption of measures to ensure railway safety;

b) The violations specified in Points a, b, c and dd Clause 2; Clause 3 of this Article shall lead to dismantling of construction work threatening railway safety;

c) The violation(s) specified in Point d Clause 2 of this Article shall lead to restoration to original condition of railway structures prior to the administrative violations.

Article 53. Penalties for violations against regulations on the use of land area for railway transport

1. A fine ranging from VND 300,000 to VND 500,000 shall be imposed upon an individual, from VND 600,000 to VND 1,000,000 upon an organization that commits any of the following violations:

a) Illegally planting trees within urban railway safety corridor; planting trees taller than 1.5 m or lower than 1.5 m and affecting structure safety and stability and rail transport safety during utilization process or planting trees obstructing vision of road users within national railway and specialized railway safety corridor;

b) Trading goods, holding markets, herding cattle on the railway or within the perimeter of the railway or the railway safety corridor.

2. A fine ranging from VND  500,000 to VND 1,000,000 shall be imposed upon an individual, from VND 1,000,000 to VND 2,000,000 upon an organization that uses land within the perimeter the railway work or the railway safety corridor for farming purposes damaging the railway work or causing it to subside or crack, or blocking rail transport.

3. A fine ranging from VND 2,000,000 to VND 3,000,000 shall be imposed upon an individual, from VND 4,000,000 to VND 6,000,000 upon an organization that commits any of the following violations:

a) Illegally placing vehicles, equipment, materials, goods, wastes, or other items within the perimeter of the railway or the railway safety corridor, or in stations or depots;

b) Illegally erecting booths or tents within the land area for rail transport;

c) Placing, erecting advertising boards, sign boards or other obstacles within the land area for rail transport;

d) Delaying removal of the booths or construction, or obstructing the construction, repair, expansion, or assurance of railway work safety at the request of a competent authority.

4. A fine ranging from VND 20,000,000 to VND 25,000,000 shall be imposed upon an individual, from VND 40,000,000 to VND 50,000,000 upon an organization that commits any of the following violations:

a) Illegally erecting houses or other constructions (including constructions serving national defense and security) within land area for rail transport, except for violations specified in Points b and c Clause 3 of this Article; Point d Clause 4 Article 51 of this Decree;

b) Illegally erecting advertising boards or sign boards within the land area for rail transport.

5. Apart from incurring penalties, following remedial measures shall also be adopted:

a) The violation(s) specified in Point a Clause 1 of this Article shall lead to reduction in height of trees exceeding permitted height, relocation of trees planted against regulations and law or affecting structure safety and rail transport safety;

b) The violation(s) specified in Clause 2 of this Article shall lead to restoration to original condition prior to the administrative violations;

c) The violation(s) specified in Point a Clause 3 of this Article shall lead to removal of vehicles, equipment, materials, goods, waste, and other objects from the railway work perimeter or railway safety corridor;

d) The violation(s) specified in Point b Clause 3 of this Article shall lead to dismantling and relocating tents and booths illegally erected from land area for rail transport;

dd) The violation(s) specified in Point c Clause 3 of this Article shall lead to removal of advertising boards, signboards and other obstacles illegally erected from the land area for rail transport;

e) The violation(s) specified in Point d Clause 3 of this Article shall lead to deconstruction or relocation of buildings, houses, tents or booths obstructing construction, renovation, extension and safety assurance of railway structures;

g) The violation(s) specified in Clause 4 of this Article shall lead to dismantling or relocation of houses, buildings, advertising panels or indication signs illegally built (without permit or in a manner that is inconsistent with the permits) from land area for rail transport.

Article 54. Penalties for violations against regulations on construction, management and utilization of essential works not affiliated with railway infrastructure but situated within land area for rail transport

1. A fine ranging from VND 2,000,000 to VND 3,000,000 shall be imposed upon an individual, from VND 4,000,000 to VND 6,000,000 upon an organization that commits any of the following violations:

a) Commencing construction without obtaining written acceptance of construction methods, traffic safety measures and clearance period for construction issued by competent organizations as per the law;

b) Failure to hand over sites and as-built dossiers to relevant organizations after finishing construction as per the law;

c) Leaving materials, machinery and equipment for construction breaching the railway clearance when blocks are not cleared or clearance period of the blocks is expired.

2. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed upon an individual, from VND 10,000,000 to VND 20,000,000 upon an organization that commits any of the following violations:

a) Failure to fully adopt measures to ensure rail transport safety during construction;

b) Failure to promptly reinforce essential works to ensure railway structure safety and rail transport safety upon detecting or receiving reports on damaged essential works;

c) Failure to take charge and relocate or renovate structures at request of competent agencies as per the law;

d) Failure to deconstruct the constructions upon expired;

dd) Failure to deconstruct the constructions that are inconsistent with permits or constructions whose permits are revoked or cancelled by competent agencies.

3. A fine ranging from VND 7,500,000 to VND 10,000,000 shall be imposed on an individual, from VND 15,000,000 to VND 20,000,000 shall be imposed on an organization for commencing construction before being transferred with the construction premises as per the law.

4. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed on an individual, from VND 20,000,000 to VND 40,000,000 shall be imposed on an organization that causes rail transport accidents while commencing construction.

5. Apart from incurring penalties, following remedial measures shall also be adopted:

a) The violation(s) specified in Point c Clause 1 of this Article shall lead to removal machinery, equipment and materials from the railway clearance;

b) The violation(s) specified in Points b and c Clause 2 of this Article shall lead to fortification, relocation or innovation of construction affecting rail transport safety at request of competent agencies;

c) The violation(s) specified in Points d and dd Clause 2 of this Article shall lead to deconstruction of expired constructions, constructions that are inconsistent with permits or constructions whose permits are revoked or cancelled.

Article 55. Penalties for violations against regulations on railway infrastructure administration and maintenance

1. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed upon the organization responsible for railway infrastructure management, operation, and maintenance that commits any of the following violations:

a) Failure to prepare management list of crossings unconformable with Law on Railway; failure to prepare or update dossiers on dangerous locations for rail transport safety and improvised pathways across railway;

b) Failure to discover or report the discovered infringements upon the railway perimeter or the railway safety corridor under their management to competent authorities;

c) Failure to keep or properly keep records on management of railway works and railway safety corridors;

d) Failure to promptly detect or comply with regulations and law when detecting or receiving reports on violations against railway infrastructure;

dd) Failure to report threats to train operation and suspension of train operation to the traffic controllers at two ends of the rail section where the threat is found, to the rail transport operators or to users of railway infrastructure;

e) Failure to develop routes, adopt measures to ensure safety at dangerous locations regarding rail transport safety as per the law;

g) Failure to establish guard posts at crossings that are dangerous locations regarding rail transport safety on national railway; failure to provide professional training on guarding and patrolling as per the law for persons assigned by local governments to guard and patrol at improvised pathways;

h) Failure to develop quality control system for railway structure maintenance as per the law;

i) Failure to maintain technical status and quality of railway infrastructure as publicized or facilitating railway structure accidents due to failure to maintain railway structures as per the law;

k) Failure to promptly detect or comply with regulations and law when detecting or receiving reports on damage or degradation of railway structures, parts of railway structures or equipment attached to railway structures in terms of quality and thus unsafe for utilization and use;

l) Failure to follow procedures in case of expired railway structures need to be used further.

2. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed upon an individual, from VND 10,000,000 to VND 20,000,000 upon an organization assigned to manage and dispose improvised pathways that commits any of the following violations:

a) Failure to narrow or remove the improvised pathways in dangerous locations regarding rail transport safety as per the law;

b) Failure to organize safety measures and guarding posts at improvised pathways in dangerous locations regarding rail transport safety as per the law.

3. A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed upon the organization responsible for railway infrastructure management, operation, and maintenance that commits any of the following violations:

a) Failure to carry out or properly carry out inspections as per the law;

b) Failure to promptly repair damage to railway works;

c) Failure to repair, replace or fortify damaged parts of the railway infrastructure to ensure satisfaction with publicized maximum speed order and maximum load order;

d) Failure to examine implementation of construction methods and measures to ensure rail transport safety at construction sites on railway lines according to publicized maximum load order and maximum speed order.

4. Apart from incurring penalties, the violator shall also be compelled to:

a) The violation(s) specified in Clause 2; Points a and b Clause 3 of this Article shall lead to immediate adoption of measures to ensure rail transport safety as per the law;

b) The violation(s) specified in Point c Clause 3 of this Article shall lead to repair, replacement or fortification of damaged parts of the railway infrastructure to ensure its quality according to publicized maximum speed order and maximum load order.

Article 56. Penalties for violations against regulations on construction of railway works on railway in operation

1. A fine ranging from VND 2,000,000 to VND 3,000,000 shall be imposed upon an individual, from VND 4,000,000 to VND 6,000,000 upon an organization that commits any of the following violations:

a) Failure to notify the supervisory agency of the railway work before commencing the construction;

b) Failure to provide adequate signaling and safety equipment during the construction;

c) Failure to install or properly install adequate warning signs and signals; failure to take measures to ensure rail transport safety during the construction process;

d) Operating construction equipment without an appropriate qualification as per the law;

dd) Retrieving warning signals before finishing construction and testing structure clearance to allow operation; 

e) Executing railway structure construction under expired license for construction or under agreements of competent authorities in which time limit for construction has expired;

g) Placing building equipment, materials, warning signs, and other materials serving construction within the railway clearance after the blockade period is expired, except for violations specified in Point c Clause 2 of this Article;

h) Failure to notify supervisory agencies of railway structure of completion of the construction;

i) Commencing constructions without requesting for warning as per the law;

k) Failure to adopt measures to isolate blocks and operate trains as per the law when constructions are conducted on operational tracks.

2. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed upon an individual, from VND 6,000,000 to VND 10,000,000 upon an organization that commits any of the following violations:

a) Commencing construction without construction permit or without acceptance documents of competent agencies as per the law (if required by the law); failure to comply with construction permits or acceptance documents of competent agencies;

b) Failure to take measures for preventing accidents when finding that the construction threatens rail transport safety;

c) Improperly placing a vehicle, material, or construction equipment blocking rail transport or threatening traffic safety.

3. A fine ranging from VND 7,500,000 to VND 10,000,000 shall be imposed on an individual, from VND 15,000,000 to VND 20,000,000 shall be imposed on an organization for commencing construction before being transferred with the construction premises as per the law.

4. A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed upon an individual, from VND 20,000,000 to VND 30,000,000 upon an organization that executes construction on an operational track without taking measures for ensuring railway safety causing a railway accident.

5. Apart from incurring fines, the organization or individual that commits any of the violations specified in Point e Clause 1, Point a Clause 2, Clause 4 of this Article shall also be suspended from construction or has the construction license (if any) suspended from 1 month to 3 months.

6. Apart from incurring penalties, following remedial measures shall also be adopted:

a) The violations specified in Point b Clause 1 of this Article shall lead to provision of adequate safety equipment and signaling devices;

b) The violations specified in Point c Clause 1 of this Article shall lead to provision of adequate warning signs, signals and immediate adoption of measures to ensure rail transport safety as per the law;

c) The violation(s) specified in Point g Clause 1 of this Article shall lead to removal machinery, equipment and materials serving construction, warning signs and temporary signs from the railway clearance;

d) The violation(s) specified in Point b Clause 2 of this Article shall lead to immediate adoption of measures to ensure rail transport safety as per the law;

dd) The violation(s) specified in Point c Clause 2 of this Article shall lead to repositioning of vehicles, materials and equipment for construction as per the law and not obstructing train operation;

e) The violation(s) specified in Point e Clause 1 and Point a Clause 2 of this Article shall lead to restoration to original condition prior to the administrative violations.

Article 57. Penalties for violations against regulations on connection of railway lines

1. A fine ranging from VND 6,000,000 to VND 10,000,000 shall be imposed on a national railway infrastructure enterprise, a urban railway enterprise or an owner of specialized railway that fails to detect or fails to develop measures to prevent and report promptly violations relating to connecting railway lines.

2. A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed upon an individual, from VND 20,000,000 to VND 30,000,000 upon an organization connecting railway lines that commits any of the following violations:

a) Illegally connecting railway lines;

b) Failure to adequately execute contents specified in permit for connecting railway lines;

c) Connecting without obtaining written agreements of entities managing railway lines to be connected as per the law;

d) Failure to transfer premises and as-built dossiers of construction within the construction areas as per the law after connecting.

Section 3. VIOLATIONS AGAINST REGULATIONS ON RAILWAY VEHICLES

Article 58. Penalties for violations against regulations on railworthiness

1. A fine ranging from VND 500,000 to VND 1,000,000 shall be imposed upon an individual, from VND 1,000,000 to VND 2,000,000 upon an organization that operates improvised vehicles on the railway.

2. A fine ranging from VND 6,000,000 to VND 10,000,000 shall be imposed for each violating vehicle upon the organization in charge of administration of railway vehicle operation that commits any of the following violations:

a) Operating a vehicle on railway without having a railway vehicle registration certificate or using a railway vehicle registration certificate issued by other than competent agencies, except for moving recently imported vehicles, vehicle testing and moving vehicles towards yards for storage and preservation;

b) Operating a vehicle without a certificate of technical and environmental safety or a certificate of periodic inspection of technical and environmental safety, except for vehicle testing and moving damaged vehicles for repair; using certificates of technical and environmental safety or certificates of periodic inspection of technical and environmental safety that are issued by other than competent agencies or expired;

c) Allowing a vehicle banned from operation to operate on the railway;

d) Carrying passengers on a cargo carriage;

dd) Deliberately altering texture, shape and use functions of railway vehicles.

3. A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed upon an organization that commits any of the violations specified in Point c Clause 2 of this Article thus causing a railway accident.

4. Apart from the fines, the person or organization that commits the violations in Clause 1 of this Article shall have their improvised vehicle confiscated.

5. Apart from the fines, organizations committing violations specified in Point dd Clause 2 of this Article shall take remedial measures in form of restoration of structure, shape and use functions of the vehicles to their original conditions before operating the vehicles.

Article 59. Penalties for violations against regulations necessary information and instructions for railway vehicles

1. A fine ranging from VND 2,000,000 to VND 3,000,000 for each violating vehicle shall be imposed on an organization directly managing and operating railway vehicles (the total fine amount imposed on a single organization shall not exceed VND 150,000,000) that commits any of following violations:

a) Operating passenger cars on national railway without adequately putting up train rules and regulations, routes, names of transit stations and the destination station, measures to be adopted in case of fire or accident as prescribed;

b) Operating urban railway vehicles without providing adequate necessary information and direction for customers as prescribed.

2. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed upon an organization directly managing and operating railway vehicles that fails to adequately put up the reference number, registration number and other symbols on each of the railway vehicles.

Article 60. Penalties for violations against regulations on braking equipment and assembling trains

1. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed upon the organization responsible for administration of railway vehicle operation that commits any of the following violations:

a) Failure to install automatic or manual brake or functional one on the railway vehicle;

b) Failure to install an emergency brake handle or a functional one in each passenger coach and at the working position of the captain;

c) Failure to periodically check and seal the emergency brake handle and pressure gauge;

d) Failure to install a pressure gauge or a functional one at the working position of the captain and some passenger cars;

dd) Failure to properly place the assembling equipment.

2. A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed upon the organization directly managing and operating railway vehicles that uses a rear signaling device without a certification that is unexpired and issued by a competent authority, or uses a rear signaling device that is not functional as per the law.

3. Apart from incurring penalties, the violator shall also be compelled to:

a) The violation(s) specified in Point a Clause 1 of this Article shall lead to installation of equipment or replacement with equipment satisfactory to technical safety standards or restoration of technical attributes of equipment namely automatic and manual brake;

b) The violation(s) specified in Point b Clause 1 of this Article shall lead to installation of equipment or replacement with equipment satisfactory to technical safety standards or restoration of technical attributes of equipment namely emergency brakes at working stations of captain and on passenger cars;

c) The violation(s) specified in Point d Clause 1 of this Article shall lead to installation of equipment or replacement with equipment satisfactory to technical safety standards or restoration of technical attributes of equipment namely pressure gauges at working stations of captain and on passenger cars;

dd) The violations specified in Point dd Clause 1 of this Article shall lead to installation of the assembling equipment as per the law;

dd) The violation(s) specified in Clause 2 of this Article shall lead to replacement or restoration to original technical attributes of rear signaling devices as per the law.

Article 61. Penalties for violations against regulations necessary equipment on railway vehicles

1. A fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed upon a captain or train driver that:

a) Fails to provide or adequately provide fire-fighting equipment and materials, first-aid kits, equipment for choking and signaling on the freight train;

b) Fails to provide or adequately provide escape equipment, fighting equipment and materials, first-aid kits, tools and materials for minor repairs, equipment for choking and signaling on the passenger train;

c) Failure to put up the regulations, route, names of destination stations, and how to deal with accidents or fire on the train.

2. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed upon the organization responsible for administration of railway vehicle operation that puts a passenger coach into operation without adequate and functional equipment.

3. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed upon the organization responsible for administration of railway vehicle operation that commits any of the following violations:

a) The locomotive or powered vehicle does not have a speedometer, equipment for recording speed and information related to the train operation (black box), equipment that helps the driver to stay awake while operating the train (if required) or functional ones;

b) Failure to install speedometer or equipment for communication between the driver and the captain or functional ones at the working position of the captain.

4. Apart from incurring penalties, following remedial measures shall also be adopted:

a) The violation(s) specified in Point a Clause 1 of this Article shall lead to provision of adequate fire-fighting equipment and materials, first-aid kits, equipment for choking and signaling on the freight train;

b) The violation(s) specified in Point b Clause 1 of this Article shall lead to provision of adequate fire-fighting equipment and materials, first-aid kits, equipment for emergency exit; equipment for chocking and signaling; equipment for basic repair;

c) The violation(s) specified in Point a Clause 3 of this Article shall lead to adequate installation or replacement with equipment satisfactory to technical safety standards or restoration of technical attributes of equipment namely speedometer and devices recording information relating to train operation (black box), alerter devices to keep train operators awake while controlling the trains;

d) The violation(s) specified in Point b Clause 3 of this Article shall lead to installation of equipment or replacement with equipment satisfactory to technical safety standards or restoration of technical attributes of equipment namely speedometers and devices enabling communication between captains and drivers at working station of the captains.

Section 4. PENALTIES FOR VIOLATIONS COMMITTED BY RAILWAY EMPLOYEES

Article 62. Penalties imposed upon employees directly serving the train operation violating regulations on qualifications

1. A fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed upon the train driver that operates a railway vehicle without carrying the train driver’s license or an unexpired one or one that matches the vehicle.

2. A fine ranging from 4,000,000 to VND 6,000,000 shall be imposed for using a fabricated qualification, fake train operator’s license, or failure to obtain a train driver’s license.

3. Apart from the fines, the person that commits any of the violations in Clause 2 of this Article shall have their fabricated qualification or train driver’s license confiscated.

Article 63. Penalties for violations against alcoholic contents or usage of other stimulants prohibited by law of railroad employees directly serving train operation (except drivers and co-drivers)

1. A fine ranging from VND 2,000,000 to VND 4,000,000 shall be imposed for working while BAC is less than 50 mg per 100 ml of blood, or BrAC is less than 0.25 mg per liter of breath.

2. A fine ranging from VND 4,000,000 to VND 6,000,000 shall be imposed for working while BAC exceeds 50 mg up to 80 mg per 100 ml of blood, or BrAC exceeds 0.25 mg up to 0.4 mg per liter of breath.

3. A fine ranging from VND 6,000,000 to VND 8,000,000 shall be imposed for any of the following violations:

a) Working while BAC exceeds 80 mg per 100 ml of blood, or BrAC exceeds 0.4 mg per liter of breath;

b) Failure to comply with the law enforcement officer’s order for testing for alcohol contents or other stimulants prohibited by regulations and law;

c) Working under other stimulants prohibited by the law.

Article 64. Penalties imposed upon railway workers violating regulations on railway safety

1. A fine ranging from VND 100,000 to VND 200,000 shall be imposed upon any railway worker involved in train operation or passenger service who fails to wear uniform, badge, name tag as prescribed while working.

2. A fine ranging from VND 500,000 to VND 1,000,000 shall be imposed for:

a) The captain that allows people to walk, stand, lie, or sit on the roof of the coach, hang from the coach, locomotive, or connector;

b) The captain or train driver that allows passengers to get on freight train;

c) Train captains or attendants allowing street vendors aboard the trains, allowing persons without tickets to ride the trains, allowing persons to get on or get off moving trains; leaving luggage and cargos at 2 ends of the cars while the trains are moving, except for leaving luggage and cargos of passengers who are about to get off the trains as the trains enter stations allowing halt and parking;

d) The patrolling employee that fails to check and discover the damage to the tunnel, bridge, railway, railway perimeter or rail transport safety corridor or fails to take remedial measures or report the damage to a competent person;

dd) The railway worker failing to adhere to professional procedures.

3. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed in case of committing any of the violations specified in Point c Clause 2 of this Article thus causing a railway accident.

4. Apart from incurring penalties, the person that commits any of the violations specified in Point a Clause 2 of this Article shall be compelled to be guided back to positions as per the law.

Article 65. Penalties for violations against regulations on permissible number of people on board, permissible load of railway vehicles and permissible load of railroad and bridges

1. A fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed for each excess passenger upon the railway company that sells more tickets than the number of seats publicized from time to time (the total fine shall not exceed VND 150,000,000).

2. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed upon the rail transport company that commits any of the following violations:

a) Loading goods on each car in a manner that exceeds permissible load of that car by exceeding 5% up to 40%;

b) Operating railway vehicles whose uniformly distributed load or axial load exceed maximum permissible load of railroad specified in maximum load order up to 10%;

c) Failure to publicize schemes for selling additional seats and converting beds into seats in peak seasons as per the law.

3. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed upon the rail transport company that commits any of the following violations:

a) Loading goods on each car in a manner that exceeds permissible load of that car by exceeding 40% up to 100%;

b) Operating railway vehicles whose uniformly distributed load or axial load exceed maximum permissible load of railroad specified in maximum load order from exceeding 10% to 20%.

4. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed upon the rail transport company that commits any of the following violations:

a) Loading goods on each car in a manner that exceeds permissible load of that car by exceeding 100%;

b) Operating railway vehicles whose uniformly distributed load or axial load exceed maximum permissible load of railroad specified in maximum load order by exceeding 20%.

5. Apart from incurring penalties, the organizations that commit any of the violations specified in Clause 1 of this Article shall be compelled to assign other vehicles to carry excess passengers.

Article 66. Penalties incurred by the driver and co-driver

1. A fine ranging from VND 300,000 to VND 500,000 shall be imposed upon a co-driver that fails to supervise the train speed, observe and inform the driver of signals and signs.

2. A fine ranging from VND 500,000 to VND 1,000,000 shall be imposed upon the train driver that:

a) Leaves the driving position while the locomotive is working;

b) Allows unauthorized people or cargo in the locomotive;

c) Damages the alerter devices keeping the driver awake while operating the train;

d) Disobeys the instructions of the captain, signals or signs;

dd) Fails to carry or adequately carry flags, signal lamps, flares, or chocks in the locomotive during the shift.

3. A fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed upon a train driver that:

a) Stops the train against the rules without reasonable explanation;

b) Lets the train moving pass the stop signal;

c) Exceeds the speed limits in maximum speed order by up to 10 km/h.

4. A fine ranging from VND 4,000,000 to VND 6,000,000 shall be imposed upon the driver that exceeds the speed limits in maximum speed order by exceeding 10 km/h to 20 km/h.

5. A fine ranging from VND 6,000,000 to VND 8,000,000 shall be imposed upon a train driver that:

a) Exceeds the speed limits in maximum speed order by up to 20 km/h;

b) Working while BAC is less than 50 mg per 100 ml of blood, or BrAC is less than 0.25 mg per liter of breath.

6. A fine ranging from VND 16,000,000 to VND 18,000,000 shall be imposed for working while BAC exceeds 50 mg up to 80 mg per 100 ml of blood, or BrAC exceeds 0.25 mg up to 0.4 mg per liter of breath.

7. A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for:

a) Working while BAC exceeds 80 mg per 100 ml of blood, or BrAC exceeds 0.4 mg per liter of breath;

b) Failure to comply with the law enforcement officer’s order for testing for alcohol contents or other stimulants prohibited by regulations and law;

c) Working under other stimulants prohibited by the law.

8. Apart from incurring fines, persons committing the violations shall also incur the following additional penalties:

a) The violation(s) specified in Clause 3 and Clause 4 of this Article shall lead to suspension of driving license from 01 month to 03 months;

b) The violation(s) specified in Clause 5 of this Article shall lead to suspension of driving license from 03 months to 05 months;

c) The violation(s) specified in Clause 6 of this Article shall lead to suspension of driving license from 10 months to 12 months;

b) The violation(s) specified in Clause 7 of this Article shall lead to suspension of driving license from 22 months to 24 months.

9. Apart from the penalties, the person committing the violation specified in Point b Clause 2 of this Article shall be compelled to remove the passengers and cargo from the locomotive.

Article 67. Penalties for violations against regulations on employees directly serving train operation

1. A fine ranging from VND 6,000,000 to VND 8,000,000 shall be imposed upon an employer that commits any of the following violations:

a) Failure to conduct medical check-up for railway employees directly serving train operation within their management;

b) Failure to conduct annual examination and tests for railway employees directly serving train operation as per the law.

2. A fine ranging from VND 8,000,000 to VND 10,000,000 shall be imposed upon an employer that commits any of the following violations:

a) Employing persons without appropriate specialized certifications, qualifications or license for train operation as per the law;

b) Employing persons without adequate health as per the law.

Article 68. Penalties imposed upon rail transport training institutions violating regulations of laws on training and issuance of qualifications

1. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for:

a) Failure to meet the requirements and standards applied to rail transport training institutions;

b) Failure to comply with the regulations on recruitment, training programs, examination, issuing/replacing qualifications.

2. A fine ranging from 5,000,000 to VND 10,000,000 shall be imposed for providing training or issuing qualifications without approval by a competent authority.

3. Apart from incurring fines, the organization that commits any of the violations specified in Clause 1 of this Article shall be suspended from recruitment from 1 month to 3 months.

4. Apart from incurring penalties, the organization that commits any of the violations specified in Clause 2 of this Article shall have to revoke and dispose the qualifications illegally issued.

Article 69. Penalties for violations against regulations on formulation of rules for train operation and shunting techniques, technical management of train station and putting up the rules for technical management of train station or rail station

1. A fine ranging from VND 1,000,000 to VND 3,000,000 shall be imposed on an organization directly operating and/or providing national railway or specialized railway infrastructures without adequately putting up excerpts of rules for technical management of train station or rail station as per the law.

2. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed upon the organization assigned to directly operate national railway or specialized railway infrastructures that commits any of the following violations:

a) Failure to develop regulations for technical management of train stations, procedures for train operation and shunting or regulations for operation of rear signaling devices installed on cargo trains as per the law;

b) Failure to develop operational regulations for drivers and co-drivers; failure to develop registry serving train operation and warning; failure to specify train operation measures at intersection between national railway and specialized railway as per the law.

Section 5. VIOLATIONS AGAINST REGULATIONS ON RAILWAY SERVICES

Article 70. Penalties for violations against regulations on conditions for railway service provision

1. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed upon a rail transport enterprise, rail infrastructure enterprise or urban railway enterprise that commits any of the following violations:

a) The rail transport enterprise failing to assign personnel eligible as per the law to handle safety assurance and primarily be responsible for transport operation management and techniques;

b) The rail infrastructure enterprise failing to assign personnel eligible as per the law to handle safety assurance and manage the enterprise;

c) The urban railway enterprise failing to assign personnel eligible as per the law to handle safety assurance and manage the enterprise;

d) The urban railway enterprise failing to assign personnel eligible as per the law to handle rail transport safety assurance and manage, operate the enterprise.

2. A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed upon a rail transport enterprise, rail infrastructure enterprise or urban railway enterprise that commits any of the following violations:

a) The rail transport enterprise failing to establish department to be in charge of rail transport safety as per the law;

b) The rail infrastructure enterprise failing to establish department to be in charge of safety affairs as per the law;

c) The urban railway enterprise failing to establish department to be in charge of railway infrastructure safety as per the law;

d) The urban railway enterprise failing to establish department to be in charge of rail transport safety as per the law.

Article 71. Penalties for violations against regulations on railway service provision

1. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed upon the rail transport company that commits any of the following violations:

a) Transporting corpses and bones against the law;

b) Transporting living or wild animals against the law;

c) Failure to adequately put up and publicize via mass media or website of the enterprise information about train schedules, passenger ticket price, luggage price, cargo price and other prices, ticket sale plans, list of commodities prohibited from being transported by passenger trains and regulations of the enterprise on responsibilities for serving passengers;

d) Failure to inform the number of remaining seats to passengers when selling tickets electronically.

2. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed upon the rail transport enterprise that fails to adhere to regulations on exemption of tickets or reduction of ticket prices.

3. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed upon the rail transport company that commits any of the following violations:

a) Failure to provide transports for special missions and social security missions at request of a head of competent authority as per the law;

b) Failure to comply with regulations on transporting oversized cargo;

c) Failure to comply with regulations on handling and transporting dangerous goods;

d) Failure to ensure passengers are provided with adequate conveniences when the transport is interrupted due to accidents, natural disasters, or sabotage;

dd) Failure to comply with regulations on handling, transporting, and securing dangerous goods on coaches;

e) Failure to assign adequate employees on board as per the law;

g) Failure to develop operational procedures for employee titles on board as per the law.

4. Apart from incurring penalties, the violator shall also be compelled to:

a) The violations specified in Point a, Point b Clause 1 of this Article shall lead to removal of corpse or animal at the nearest station for further actions;

b) The violation(s) specified in Point a Clause 3 of this Article shall lead to immediate provision of transports for special missions and social security missions at request of the head of the competent authority;

c) The violation(s) specified in Points b, c and dd Clause 3 of this Article shall lead to immediate adoption of safety measures as per the law.

Article 72. Penalties for using fake train tickets and selling train tickets against the law

1. A fine ranging from VND 100,000 to VND 200,000 shall be imposed for using fake tickets on the train.

2. A fine ranging from VND 2,000,000 to VND 4,000,000 shall be imposed upon any person:

a) Any ticketing staff of a train station, ticket agent, or on the train who sells tickets against the law;

b) Any person who trades in tickets to earn illicit profits.

3. A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed upon an individual, from VND 20,000,000 to VND 30,000,000 upon an organization that commits any of the following violations:

a) Transporting fake train tickets;

b) Selling fake train tickets;

c) Storing fake tickets.

4. Apart from incurring fines, the violator shall also incur the following additional penalties:

a) The violation(s) specified in Clause 1 of this Article shall lead to confiscation of fake tickets;

b) The violation(s) specified in Point b Clause 2 of this Article shall lead to total confiscation of current tickets;

c) The violation(s) specified in Clause 3 of this Article shall lead to total confiscation of fake tickets.

5. If the road infrastructure is damaged by the violations specified in  Clause 2, Clause 3 of this Article, the violator shall be compelled to repair and restore the original condition apart from incurring the penalties.

Section 6. OTHER OFFENCES RELATED TO RAIL TRANSPORT

Article 73. Penalties for violations against other regulations on railway safety and security

1. A fine ranging from VND 100,000 to VND 200,000 shall be imposed upon any person who:

a) Peddles on the train or in the train station;

b) Fails to comply with train regulations on the train;

c) Throws earth, stones, or other objects from the train.

2. A fine ranging from VND 300,000 to VND 500,000 shall be imposed upon any person:

a) Disturbs the order or safety on the train or in the train stations;

b) Dumps or leaves garbage on railway vehicles;

c) Brings an animal that carries contagious diseases or a wild animal to the station or to the train;

d) Illegally brings flammable/explosive substance or weapon to the station or train;

dd) Illegally brings a living animal to the train;

e) Illegally brings corpses or cremains on urban trains, national trains or in stations.

3. A fine ranging from VND 500,000 to VND 1,000,000 shall be imposed upon any individual who throws earth, stones or other objects at the train.

4. A fine ranging from VND 2,000,000 to VND 3,000,000 shall be imposed on an individual threatening or violating health of passengers or railway employees on mission.

5. Apart from incurring penalties, the person who commits any of the violations specified in Points c, d, dd and e Clause 2 of this Article shall have to remove the corpse, bones, sick animal, flammable/explosive substance, or weapon, or living animal from the train (at the nearest train station in case of moving trains) for further actions.

Chapter IV

POWER TO IMPOSE PENALTIES AND PENALTY IMPOSITION PROCEDURES

Section 1. POWER TO IMPOSE PENALTIES

Article 74. Power to impose administrative penalties for road traffic offences and rail transport offences

1. Chairpersons of People’s Committees of all levels are entitled to impose penalties for the violations specified in this Decree within their competence.

2. Traffic policeman within assigned functions and tasks are entitled to impose penalties for violations specified in following Points, Clauses and Articles of this Decree as follows:

a) Articles 5, 6, 7, 8, 9, 10 and 11;

b) Clause 1, Clause 2, Clause 3, Clause 4, Clause 5 (except Point a Clause 5), Clause 6 (except Point dd Clause 6), Clause 7 and Point a Clause 8 Article 12;

c) Clause 1; Points b, c and d Clause 2; Point b Clause 3; Point a Clause 4; Points b and c Clause 5 Article 13;

d) Clause 1, Clause 2, Point a Clause 3, Clause 4, Clause 5, Clause 6, Clause 7, Clause 8, Point a Clause 9 Article 15;

dd) Articles 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26 and 27;

e) Clause 1; Clause 2; Clause 3; Points a, b, c, d, dd, e, p and q Clause 4; Clause 5; Points d, dd, e, i, m, n, o, p and q Clause 6; Points a, b, c, h and i Clause 7 Article 28;

g) Article 29, Article 30, Article 31, Article 32, Article 33, Article 34, Article 35 (except for Points a, c, d and dd Clause 2 of this Article) and Article 36;

h) Points a, b, c, d and e Clause 1; Point a Clause 2; Points a, b and c Clause 3; Point d Clause 4; Clause 8 Article 37;

i) Points b and c Clause 1; Clause 2; Clause 3; Clause 4 Article 40;

k) Articles 41, 42, 43, 44, 45, 46 and 47;

l) Clauses 1, 2, 3, 4 and 5 Article 48;

m) Articles 49 and 50;

n) Clause 1; Clause 2; Clause 3; Points a, b and c Clause 4 Article 51;

o) Article 52; Clauses 1, 2 and 3 Article 53;

p) Points a and c Clause 1; Points a, b and c Clause 2; Clause 3; Clause 4 Article 54;

q) Articles 56, 57, 58, 59, 60, 61, 62, 63, 64, 65 and 66;

r) Clause 2 Article 67;

s) Points a and b Clause 1; Points b, c, dd and e Clause 3 Article 71;

t) Articles 72 and 73.

3. Police officers, rapid response forces, mobile police officers, and administration police officers within assigned functions and tasks relating to road and railway transport order and safety are entitled to impose penalties for violations specified in following Points, Clauses and Articles of this Decree as follows:

a) Points dd and g Clause 1; Points g and h Clause 2; Points b, d, dd, e, k, r and s Clause 3; Points b, d, dd, g and i Clause 4; Points b, c and h Clause 5; Point c Clause 6; Point b Clause 7; Point c Clause 8; Clause 9; Clause 10 Article 5;

b) Points g and n Clause 1; Points a, dd, h, i, k and l Clause 2; Points b, c, d, dd, e, i, k and m Clause 3; Points b, d, dd, e, g and h Clause 4; Clause 5; Points a and c Clause 6; Point c Clause 7; Clause 8; Clause 9 Article 6;

c) Points b, c, d, dd, e, g and h Clause 2; Points b and d Clause 3; Points b, c, dd, e and g Clause 4; Clause 5; Point c Clause 6; Point b Clause 7; Point b Clause 8; Clause 9 Article 7;

d) Points c, dd, e, g, h, k, l, m, n, o, p and q Clause 1; Clause 2; Clause 3; Clause 4 Article 8;

dd) Article 9, Article 10, Article 11, Article 12 (except Point a Clause 5 and Point dd Clause 6 Article 12);

e) Clauses 1, 2, 4 and 5 Article 15;

g) Articles 18 and 20;

h) Point b Clause 3; Points a, b, c, dd, e and k Clause 5; Points a, b and c Clause 6; Point a Clause 7 Article 23;

i) Articles 26 and 29;

k) Clauses 4 and 5 Article 31; Article 32, Article 34;

l) Article 47, Article 49, Article 51 (except Point d Clause 4 Article 51), Article 52, Article 53 (except Clause 4 Article 53), Article 72, Article 73.

4. Chiefs of police stations of communes within assigned functions and tasks related to road and railway order and safety are entitled to impose penalties for the violations specified in following Points, Clauses and Articles of this Decree as follows:

a) Points dd and g Clause 1; Points g and h Clause 2; Points b, d, dd, e, k, r and s Clause 3 Article 5, except for causing traffic accidents;

b) Points g and n Clause 1; Points a, dd, h, i, k and l Clause 2; Points c, d, dd, k and m Clause 3; Points b and d Clause 4 Article 6, except for causing traffic accidents;

c) Points b, c, d, dd, e, g and h Clause 2; Point d Clause 3; Points b, dd and g Clause 4 Article 7, except for causing traffic accidents;

d) Points c, dd, e, g, h, k, l, m, n, o, p and q Clause 1; Clause 2; Clause 3; Clause 4 Article 8;

dd) Articles 9 and 10;

e) Clauses 1, 2, 3, 6 and 7 Article 11;

g) Point a Clause 1, Point dd Clause 2 Article 12;

h) Clauses 1 and 2 Article 15;

i) Article 18; Clause 1 Article 20;

k) Point b Clause 3 Article 23;

l) Clause 4 Article 31; Clauses 1 and 2 Clause 32; Clause 1 Article 34;

m) Clauses 1, 2, 3, 4 and 6 Article 47; Points b, c and d Clause 1 Article 49; Point b Clause 1, Clause 2 Article 53; Clause 1 Article 72;

n) Clause 1; Points a and b Clause 2; Clause 3 Article 73.

5. Transport inspectors, the persons assigned to carry out transport inspections within assigned functions and tasks are entitled to impose penalties for violations against regulations on transport services and ancillary services at stopping and parking positions, bus stations, parking lots, rest stops, weigh stations, tollbooths, and transport companies when vehicles stop or park on the road; violations against regulations on driver training, issuance of driving licenses, technical and environment protection safety inspection, road infrastructure protection, technical standards of road infrastructure, and other violations specified in following Points, Clauses and Articles of this Decree as follows:

a) Point dd Clause 1; Points g and h Clause 2; Points d, dd, e and k Clause 3; Points b, c, d, dd, g and i Clause 4; Points b and c Clause 5; Points b and c Clause 6; Point c Clause 8; Points a and b Clause 10 Article 5;

b) Points a, dd and h Clause 2; Point d Clause 3; Points b and g Clause 4 Article 6;

c) Points c, d, dd, e, g and h Clause 2; Point b Clause 3; Points dd and g Clause 4; Points b, c and d Clause 5 Article 7;

d) Points dd, k and l Clause 1; Point b Clause 2 Article 8;

dd) Clause 4; Point a Clause 7; Clause 9; Point a Clause 10 Article 11;

e) Articles 12, 13, 14 and 15;

g) Clause 1; Clause 2; Clause 3; Clause 4; Points b, dd and e Clause 5 Article 16;

h) Articles 19 and 20;

i) Clause 3; Points b and c Clause 4; Clause 6; Clause 8 Article 21;

k) Articles 22 and 23;

l) Points a and b Clause 1; Points a, b, d and dd Clause 2; Clause 3; Clause 4; Clause 5; Clause 6; Clause 7; Points a and b Clause 8 Article 24;

m) Articles 25, 27 and 28;

n) Points a and b Clause 2; Clause 3; Clause 6; Points a, dd, g, h, i, k and m Clause 7; Clause 8; Clause 9; Clause 10; Clause 11; Clause 12; Clause 13 Article 30;

o) Articles 31 and 33;

p) Points b and c Clause 1; Points a, b, c, dd and g Clause 2 Article 35;

q) Articles 37 and 38;

r) Clauses 2, 3, 4, 5, 6, 7 and 8 Article 47; Point b Clause 2; Point b Clause 3 Article 49 in case of occurrence at crossings or road-rail bridges.

6. Seaport authorities, airport authorities, inland waterways port authorities, rail transport inspectors, aviation inspectors, maritime inspectors, inland waterways inspectors within assigned functions and tasks are entitled to impose penalties for the violations specified in Point a Clause 1, Point l Clause 3, Point e Clause 5 Article 28 of this Decree.

7. Transport inspectors and persons assigned to conduct specialized railway inspection within assigned functions and tasks are entitled to impose penalties for violations specified in following Points, Clauses and Articles of this Decree as follows:

a) Articles 39, 40, 41, 42, 43, 44, 45, 46 and 47;

b) Clause 1; Clause 2; Clause 3; Clause 4; Points a, b and d Clause 5; Clause 6; Clause 7 Article 48;

c) Clauses 1, 2, 3, 4, 6 and 7 Article 49;

d) Articles 50 and 51;

dd) Clauses 1 and 2 Article 52;

e) Articles 53, 54 and 55;

g) Clauses 1, 2 and 3 Article 56;

h) Article 57;

i) Clauses 1 and 2 Article 58;

k) Articles 59, 60, 61, 62 and 63;

l) Clauses 1 and 2 Article 64;

m) Articles 65, 66, 67, 68, 69, 70, 71, 72 and 73.

8. Environmental protection inspectors and persons assigned to conduct environmental protection inspection within assigned functions and tasks are entitled to impose penalties for the violations against regulations on environmental protection specified in following Points, Clauses and Articles of this Decree as follows:

a) Point c Clause 1 Article 10;

b) Point dd Clause 2, Clause 4, Point a Clause 6 Article 12;

c) Point c Clause 2 Article 16; Point dd Clause 1 Article 17;

d) Point d Clause 1 Article 19; Articles 20 and Article 26;

dd) Clause 1, Point a Clause 2 Article 51;

e) Point a Clause 3 Article 53;

g) Point b Clause 2 Article 73.

Article 75. Power to impose penalties of Chairpersons of People’s Committees of all levels

1. Chairpersons of People’s Committees of communes are entitled to:

a) Issue warnings;

b) Impose fines of up to VND 4,000,000 for road traffic offences and up to VND 5,000,000 for rail transport offences;

c) Confiscate the objects and vehicles illegally used, the value of which does not exceed the fine rate specified in Point b of this Clause;

d) Adopt remedial measures specified in Points a, b, and c Clause 1 Article 4 of this Decree.

2. Chairpersons of People’s Committees of districts are entitled to:

a) Issue warnings;

b) Impose fines of up to VND 20,000,000 for road traffic offences and up to VND 37,500,000 for rail transport offences;

c) Suspend licenses, practicing certificates, or suspend the operation;

d) Confiscate the objects and vehicles illegally used, the value of which does not exceed the fine rate specified in Point b of this Clause;

dd) Adopt remedial measures specified in Points a, b, c, dd and e Clause 1 Article 4 of this Decree.

3. Chairpersons of People’s Committees of provinces are entitled to:

a) Issue warnings;

b) Impose fines of up to VND 40,000,000 for road traffic offences and up to VND 75,000,000 for rail transport offences;

c) Suspend licenses, practicing certificates, or suspend the operation;

d) Confiscate the objects and vehicles illegally used;

dd) Adopt remedial measures specified in Clause 1 Article 4 of this Decree.

Article 76. Power to impose penalties of the people’s public security

1. Police officers on duty are entitled to:

a) Issue warnings;

b) Impose fines of up to VND 400,000 for road traffic offences and up to VND 500,000 for rail transport offences.

2. Senior officers of the persons mentioned in Clause 1 of this Article are entitled to:

a) Issue warnings;

b) Impose fines of up to VND 1,200,000 for road traffic offences and up to VND 1,500,000 for rail transport offences.

3. Chief of police stations of communes, chiefs of police stations at border checkpoints and export-processing zones are entitled to:

a) Issue warnings;

b) Impose fines of up to VND 2,000,000 for road traffic offences and up to VND 2,500,000 for rail transport offences;

c) Confiscate the objects and vehicles illegally used, the value of which does not exceed the fine rate specified in Point b of this Clause;

d) Adopt remedial measures specified in Points a and c Clause 1 Article 4 of this Decree.

4. Chiefs of police stations of districts, chiefs of divisions of Traffic Police Authority; chiefs of departments affiliated to provincial police divisions including public order division, road - rail traffic division, commanders of police companies and above are entitled to:

a) Issue warnings;

b) Impose fines of up to VND 8,000,000 for road traffic offences and up to VND 15,000,000 for rail transport offences;

c) Suspend licenses, practicing certificates, or suspend the operation;

d) Confiscate the objects and vehicles illegally used, the value of which does not exceed the fine rate specified in Point b of this Clause;

dd) Adopt remedial measures specified in Points a, c and e Clause 1 Article 4 of this Decree.

5. Directors of provincial police authorities are entitled to:

a) Issue warnings;

b) Impose fines of up to VND 20,000,000 for road traffic offences and up to VND 37,500,000 for rail transport offences;

c) Suspend licenses, practicing certificates, or suspend the operation;

d) Confiscate the objects and vehicles illegally used, the value of which does not exceed the fine rate specified in Point b of this Clause;

dd) Adopt remedial measures specified in Points a, c, dd and e Clause 1 Article 4 of this Decree.

6. Directors of Traffic Police Authority and Public Order Police Authority are entitled to:

a) Issue warnings;

b) Impose fines of up to VND 40,000,000 for road traffic offences and up to VND 75,000,000 for rail transport offences;

c) Suspend licenses, practicing certificates, or suspend the operation;

d) Confiscate the objects and vehicles illegally used;

dd) Adopt remedial measures specified in Points a, c, dd and e Clause 1 Article 4 of this Decree.

Article 77. The power to impose penalties of specialized inspectors, seaport authorities, airport authorities, inland waterways port authorities

1. Inspectors and the persons assigned to conduct specialized inspections are entitled to:

a) Issue warnings;

b) Impose fines of up to VND 400,000 for road traffic offences and up to VND 500,000 for rail transport offences;

c) Confiscate the objects and vehicles illegally used, the value of which does not exceed the fine rate specified in Point b of this Clause;

d) Adopt remedial measures specified in Points a and c Clause 1 Article 4 of this Decree.

2. Chief Inspectors of Provincial Departments of Transport, Chief Inspectors of Provincial Departments of Natural Resources and Environment, Chief Inspector of the Civil Aviation Authority of Vietnam, Chief Inspector of Vietnam Maritime Administration, chiefs of local road authorities affiliated to Directorate for Roads of Vietnam, chief of inspectorates of Provincial Departments of Transport, , chief of inspectorates of Provincial Departments of Natural Resources and Environment, chiefs of inspectorates of Vietnam Environment Administration, chiefs of inspectorates of Directorate for Roads of Vietnam, chiefs of inspectorates of Vietnam Railway Administration, chiefs of inspectorates of local road authorities affiliated to Directorate for Roads of Vietnam are entitled to:

a) Issue warnings;

b) Impose fines of up to VND 20,000,000 for road traffic offences and up to VND 37,500,000 for rail transport offences;

c) Suspend licenses, practicing certificates, or suspend the operation;

d) Confiscate the objects and vehicles illegally used, the value of which does not exceed the fine rate specified in Point b of this Clause;

dd) Adopt remedial measures specified in Clause 1 Article 4 of this Decree.

3. Chiefs of inspectorates of the Ministry of Transport, the Ministry of Natural Resources and Environment, and Director of Pollution Control Directorate are entitled to:

a) Issue warnings;

b) Impose fines of up to VND 28,000,000 for road traffic offences and up to VND 52,500,000 for rail transport offences;

c) Suspend the licenses, practicing certificates, or suspend the operation;

d) Confiscate the objects and vehicles illegally used, the value of which does not exceed the fine rate specified in Point b of this Clause;

dd) Adopt remedial measures specified in Clause 1 Article 4 of this Decree.

4. Chief Inspector the Ministry of Transport, Chief Inspector of the Ministry of Natural Resources and Environment, Chief Inspector of Vietnam Environment Administration, Director of Directorate for Roads of Vietnam, Director of Vietnam Railway Administration, Director of Vietnam Maritime Administration, Director of Civil Aviation Authority of Vietnam, Director of Vietnam Inland Waterway Administration are entitled to:

a) Issue warnings;

b) Impose fines of up to VND 40,000,000 for road traffic offences and up to VND 75,000,000 for rail transport offences;

c) Suspend licenses, practicing certificates, or suspend the operation;

d) Confiscate the objects and vehicles illegally used;

dd) Adopt remedial measures specified in Clause 1 Article 4 of this Decree.

5. Chief representatives of seaport authorities, airport authorities, the inland waterway port authorities are entitled to:

a) Issue warnings;

b) Impose fines of up to VND 10,000,000 for road traffic offences.

6. Directors of seaport authorities, airport authorities, the inland waterway port authorities affiliated to Vietnam Inland Waterway Administration are entitled to:

a) Issue warnings;

b) Impose fines of up to VND 25,000,000 for road traffic offences;

c) Suspend licenses, practicing certificates, or suspend the operation;

d) Confiscate the objects and vehicles illegally used, the value of which does not exceed the fine rate specified in Point b of this Clause;

dd) Adopt remedial measures specified in Points a, b, c, dd and e Clause 1 Article 4 of this Decree.

Article 78. Rules for determining the power to impose penalties and take remedial measures

1. The power to impose administrative penalties for road traffic offences, rail transport offences, and to take remedial measures shall be determined in accordance with Article 52 of the Law on Penalties for administrative violations.

2. The maximum fines specified in Article 75, Article 76 and Article 77 of this Decree are applied to individuals; the maximum fines can be imposed upon an organization is twice the maximum fines imposed upon an individual that commits the same violation.

3. Any of the persons mentioned in Clause 2, Clause 3 Article 75; Clause 4, Clause 5, Clause 6 Article 76; Clause 2, Clause 3, Clause 4, Clause 6 Article 77 of this Decree is entitled to suspend the violator’s license or practicing certificate if the violation, by law, causes the license or practicing certificate to be suspended.

Article 79. The power to make records on administrative violations

1. The persons below are entitled to make records on road traffic offenses:

a) The persons entitled to impose administrative penalties for road traffic offenses mentioned in Articles 75, 76, and 77 of this Decree;

b) The patrolling officials and civil servants are entitled to make records on the infringements upon road infrastructure, illegal occupation of land for road traffic and road safety corridor;

c) Police officers are entitled to make records on the violations committed locally;

d) Officials of Inspectorate of Provincial Departments of Transport in the performance of their duties are entitled to make records on the violations committed within the area under the management of Inspectorate of the Provincial Department of Transport;

dd) Officials and public employees of seaport authorities, airport authorities, inland waterways port authorities in the performance of their duties are entitled to make records on the violations  specified in Point a Clause 1, Clause 3, Clause 5 Article 28 which are committed within the areas under their management.

2. The persons below are entitled to make records on rail transport offenses:

a) The persons entitled to impose administrative penalties for rail transport offenses mentioned in Articles 75, 76, and 77 of this Decree;

b) The train captain is entitled to make records on the violations committed on the train;

c) Police officers are entitled to make records on the violations committed locally.

Section 2. PENALTY IMPOSITION PROCEDURE

Article 80. Procedures for imposing penalties on vehicle owners and operators for violating regulations on road and rail transport

1. If the owner of the violating vehicle is present at the scene, the person entitled to impose penalties shall make a record and a decision on penalty imposition in accordance with Article 30 of this Decree.

2. If the owner of the vehicle is not present at the scene, the person entitled to impose penalties shall make a record and impose penalties in accordance with law, the vehicle operator shall add a signature on the record as a witness, and may implement the decision on penalties on the vehicle owner’s behalf.

3. Where various violations specified in Chapter II of this Decree are committed by the same violator, penalties shall be imposed as follows:

a) Penalties for violation(s) relating to license plates, certificates of vehicle registration, temporary certification of vehicle registration specified in Article 16 (Point c Clause 3; Points a and b Clause 4; Points a, d and dd Clause 5), Article 17 (Point b Clause 1; Clause 2; Point a Clause 3), Article 19 (Point a Clause 1l Points a, d, dd and e Clause 2) and corresponding violations specified in Article 30 (Point c Clause 4; Points g, h and k Clause 5; Points dd and m Clause 7; Points e and g Clause 8) in case vehicle owners directly operate the vehicles shall be imposed according to corresponding Points and Clauses of Article 30 of this Decree;

b) Penalties for violation(s) relating to certificates and stamps for technical and environmental safety of vehicles specified in Article 16 (Point c Clause 4; Points dd and e Clause 5), Article 19 (Point dd Clause 1; Points c and e Clause 2) and corresponding violations specified in Article 30 (Points b and e Clause 8; Point c Clause 9) in case the vehicle owners directly operate the vehicles shall be imposed according to corresponding Points and Clauses of Article 30 of this Decree;

c) Penalties for violation(s) relating to vehicle operation period and badges specified in Article 23 (Point d Clause 6; Point b Clause 7), Article 24 (Point b Clause 5; Point d Clause 6) and corresponding violations specified in Article 30 (Point d Clause 8; Point h Clause 9) in case the vehicle owners directly operate the vehicles shall be imposed according to corresponding Points and Clauses of Article 30 of this Decree;

d) Penalties for violation(s) relating to service life of vehicles specified in Article 16 (Point b Clause 5) and corresponding violations specified in Article 28 (Point i Clause 6), Article 30 (Point dd Clause 8) in case the vehicle owners or transport service providers directly operate the vehicles shall be imposed according to corresponding Point i Clause 6 Article 28 or Point dd Clause 8 Article 30 of this Decree;

dd) Penalties for violation(s) relating to dimensions of trunks and cargo bays, removal or addition of seats and beds on automobiles specified in Article 16 (Points dd and e Clause 3) and corresponding violations specified in Article 30 (Points e and g Clause 9) in case vehicle owners directly operate the vehicles shall be imposed according to corresponding Points and Clauses of Article 30 of this Decree;

e) Penalties for violation(s) relating to installation and use of tracking devices and cameras on automobiles specified in Article 23 (Points g and p Clause 5; Point dd Clause 6), Article 24 (Points a and c Clause 3; Point c Clause 5) and corresponding violations specified in Article 28 (Points dd and o Clause 6) in case transport service providers directly operate the vehicles shall be imposed according to corresponding Points and Clauses of Article 28 of this Decree;

g) Penalties for violation(s) relating to seat belts and providing passengers with instruction on traffic safety and emergency exit in case of on-board incidents specified in Article 23 (Points m and m Clause 3) and corresponding violations specified in Article 28 (Point h Clause 2, Point q Clause 4) in case transport service providers directly operate the vehicles shall be imposed according to corresponding Points and Clauses of Article 28 of this Decree;

h) Penalties for violation(s) relating to putting up vehicle operation schedules specified in Article 23 (Point k Clause 3) and corresponding violations specified in Article 28 (Point b Clause 4) in case transport service providers directly operate the vehicles shall be imposed according to corresponding Point b Clause 4 Article 28 of this Decree;

i) Penalties for violation(s) relating to vehicle operation schedules and fees specified in Article 23 (Points c and l Clause 3), Article 31 (Clauses 2 and 3) and corresponding violations specified in Article 28 (Point d Clause 6) in case transport service providers directly operate the vehicles or act as on-board attendants shall be imposed according to corresponding Point d Clause 6 Article 28 of this Decree;

k) Penalties for violation(s) relating to picking up and disembarking passengers, loading and unloading cargos specified in Article 23 (Point a Clause 7), Article 24 (Point c Clause 6) and corresponding violations specified in Article 28 (Point i Clause 7) in case the vehicle owners or transport service providers directly operate the vehicles shall be imposed according to corresponding Point i Clause 7 Article 28 of this Decree;

l) Penalties for violation(s) relating to providing passenger transportation under contracts and providing tourism transportation specified in Article 23 (Points h, n and q Clause 5) and corresponding violations specified in Article 28 (Point p Clause 4, Point m Clause 6) in case transport service providers directly operate the vehicles shall be imposed according to corresponding Points and Clauses of Article 28 of this Decree;

m) Penalties for violation(s) relating to providing passenger transportation by taxis specified in Article 23 (Points i, o and p Clause 3) and corresponding violations specified in Article 28 (Points n and q Clause 6) in case transport service providers directly operate the vehicles shall be imposed according to corresponding Points and Clauses of Article 28 of this Decree;

n) Penalties for violations against regulations on transporting oversized cargo, exceeding the maximum permissible limit on payload or passengers specified in Articles 23, 24, 25 and 33 and corresponding violations specified in Article 30 in case the vehicle owners directly operate the vehicles shall be imposed according to Article 30 of this Decree.

4. Regarding violations against regulations on GVW or dimensional limits of vehicles or road infrastructure specified in Article 24 and Article 33 of this Decree, if the vehicle owner or vehicle operator commits both the violations specified in Article 24 and the violations specified in Article 33 of this Decree, he/she shall incur a penalty for each of the violations; regarding violations against regulations specified in Point d Clause  3, Point a Clause  4, Clause  5 and Point a Clause  6 Article 33 of this Decree, in case the vehicle owner or vehicle operator commits both violations against regulations on GVW and gross axle weight, whichever violations leading to a higher fine shall be met with penalties.

5. Regarding violations against regulations on vehicular weight and dimensional limits of vehicles, bridges and roads specified in Articles 24, 28, 30, 33 and 65 of this Decree, vehicle operators, vehicle owners, transport service providers, transport auxiliary service providers, individuals and organizations loading on automobiles and railway vehicles are compelled to cease the violations as follows:

a) The violation(s) specified in Points a, b and dd Clause 2; Point b Clause 4; Points a and d Clause 5; Points a and b Clause 6; Clause 7; Points a and b Clause 8 Article 24 shall lead to unloading excess cargos and cargos exceeding dimensional limits according to instruction of competent authorities where the violations are found;

b) The violation(s) specified in Point a Clause 1, Clause 3, Clause 5 Article 28 shall lead to unloading cargos exceeding permissible transport weight of the vehicle in case the loaded vehicles have not left the loading areas;

c) The violation(s) specified in Points g, h, i and k Clause 7; Point c Clause 8; Points d and dd Clause 9; Points a, e, g and h Clause 10; Clause 11; Clause 12; Clause 13 of Article 30 shall lead to unloading excess cargos and oversize cargos according to instructions of competent authorities where the violations are found;

d) The violation(s) specified in Clauses 1, 2, 3, 4, 5 and 6 Article 33 shall lead to unloading excess cargos and cargos exceeding dimensional limits according to instruction of competent authorities where the violations are found;

dd) The violation(s) specified in Points a and b Clause 2; Clause 3; Clause 4 Article 65 shall lead to unloading amount of cargos exceeding the vehicular weight according to instruction of competent authorities where the violations are found.

6. For the purpose of this Decree, the vehicle owner to be met with penalties is:

a) The individual or organization that is the holder of the Certificate of vehicle registration;

b) The vehicle operator who is the spouse of the holder of the Certificate of vehicle registration;

c) The renter of the vehicle if the vehicle is leased out by an organization licensed for finance lease;

d) The cooperative that owns the vehicle and applies for registration of car transport business;

dd) In case an organization or individual legally use the vehicle (under vehicle rental agreements with other individuals or organizations, or under business cooperation agreements as per the law) and holds the registration for provision of transportation services in form of automobiles of the vehicle, said organization or individual shall be treated as the vehicle owner in terms of imposing penalties;

e) An organization or individual that purchases, receives or inherits the vehicle that is purchased, gifted, allocated, transferred, or bequeathed without applying for a vehicle registration or vehicle ownership transfer registration shall be treated as the vehicle owner in terms of imposing penalties;

g) With respect to combination vehicles (including automobiles towing trailers or semi-trailers and participating in road traffic), in case an automobile owner does not simultaneously own the trailers or semi-trailers, the automobile owner (individual or organization specified in Point a of this Clause, or individual or organization specified in Points b, c, d, dd and e of this Clause) shall be treated as vehicle owners in terms of imposing penalties for violations relating to the trailers or semi-trailers and are being towed along.

7. When imposing a penalty upon any of the vehicle owners specified in Clause 6 of this Article, the time limit for issuing a penalty decision may be extended to not more than 60 days to identify the entity that incurs the penalty as prescribed in Clause 1 Article 66 of the Law on Actions against administrative violations.

8. In case an administrative violation is found via the use of professional technical measures and devices and a competent agency is unable to bring the violating vehicle to a halt for further actions, the competent agency shall issue notice requesting vehicle owner and relevant individual and organization (if any) to reach the head office for handling the violation; the vehicle owner is responsible for cooperating with the competent agency in identifying operator of the violating vehicle. 

a) In case the vehicle owner that is a person fails to cooperate with the competent agency or fails to prove that he/she does not operate the violating vehicle, the vehicle operator shall be met with penalties for the found violations;

b) In case the vehicle owner that is an organization fails to cooperate with the competent agency or fails to identify the individual operating the violating vehicle, the organization shall be met with twice the amount of fine imposed on the found violations which shall not exceed the maximum fine amount unless the vehicle is appropriated or illegally used.

9. The person entitled to impose penalties may use information and specifications of the vehicle specified in the latest certificate of technical and environmental safety (even if it has expired) or from the database of the vehicle registry as the basis for determining the violations specified in this Decree.

10. The violations specified in Point b Clause 4 and Clause 7 Article 30 of this Decree shall be only verified through traffic accident investigations or through vehicle registration.

11. Persons entitled to impose penalties may utilize information and images recorded by sound and image recording devices provided by individuals and organizations to verify and detect the violations specified in this Decree.

Minister of Public Security shall provide procedures for converting results collected from methods and devices other than professional methods and devices handed over by individuals and organizations into evidence to determine administrative violations in road and railway transport.

12. If a vehicle owner (owner of automobile, trailer, semi-trailer or heavy-duty vehicle) fails to arrive at the head office of competent agency to handle the violations before the time limit specified in administrative offence notice or notice of persons entitled to impose penalties, the persons entitled to impose penalties shall inform inspection authority to warn and place the vehicle related to administrative violations under inspection management program.

When the vehicle arrives for inspection, the inspection authority shall inform the person operating the vehicle about the violation, carry out inspection as per the law with the vehicle and issue certificates and stamps of technical and environmental safety with 15 days of validity.

After the person committing the violation arriving at the head office of competent agency to handle the violation as per the law, the person entitled to impose penalties must promptly inform the inspection authority to remove the warnings against the vehicle related to administrative violation on the inspection management program, carry out the inspection and issue certificate and stamp of technical and environmental safety according to applicable laws.

13. The vehicle operator may use a certified true copy of the certificate of vehicle registration (in case of road vehicle) or a certified true copy of the certificate of railway vehicle registration (in case of railway vehicles) together with the original copy of valid receipt notice of a credit institution in place of the original copy of the certificate of vehicle registration or the certificate of railway vehicle registration which is currently being held by the credit institution.

Article 81. Suspension of licenses, practicing certificates, and rail transport business operation

1. Licenses and practicing certificates related to road and rail transport to be suspended are:

a) National driving licenses; international driving licenses issued by governments of member states of Convention of Road Traffic 1968 (except for international driving licenses granted by Vietnam’s authorities);

b) Certificates of training in road traffic rules;

c) Licenses for transport business;

d) Badges, licenses of cars used for transport business;

dd) Certificates of technical and environmental safety and stamps of technical and environmental safety of vehicles;

e) Construction licenses;

g) Certificate of qualified driving test center;

h) Certificate of eligibility for motor vehicle inspection;

i) Inspector’s certificates;

k) Train driver’s licenses.

2. The duration of suspension of a license or practicing certificate or transport business operation as a penalty for a violation specified in this Decree is the average level of the bracket. The minimum level shall apply if there is a mitigating factor; the maximum level shall apply if there is an aggravating factor.

3. Beginning date of the suspension period:

a) The suspension period shall begin on the effective date of the decision on penalty imposition if the person imposing the penalty is able to confiscate the violator’s license or practicing certificate on such day;

b) If the person imposing the penalty is not able to confiscate the violator’s license or practicing certificate when the decision on penalty imposition is issued, the person entitled to impose penalties shall still imposed penalties for the violations. The decision on penalty imposition must specify the initial date of suspension from license and practicing certificate to be the date on which the person committing the violation presents the license and practicing certificate to persons entitled to impose penalties;

c) When confiscating and returning the license or practicing certificate as prescribed in Point a and Point b of this Clause, the person imposing the penalty shall make records and retain documents about the penalty.

4. During the suspension period, if the violator still keeps doing the activities in the license or practicing certificate, such violator shall incur a penalty for operating without a license or practicing certificate.

5. If the remaining validity period of the license or practicing certificate is shorter than the suspension period, the person imposing the penalty shall still issues the decision on penalty imposition. During suspension period, the organization or individual shall not follow procedures for issuance of new or revised license and practicing certificate.

6. Suspension of international driving licenses

a) The period of suspension of an international driving license issued by the government of a Member State of Convention of Road Traffic 1968 (except for international driving licenses granted by Vietnam’s authorities) shall comply with Clause 2 of this Article. Nevertheless, such period shall not exceed the remaining period of residence in Vietnam of the person whose international driving license is suspended;

b) Every vehicle operator using an international driving license issued by the government of a Member State of Convention of Road Traffic 1968 shall present documents proving the remaining period of residence in Vietnam (certificate of temporary residence, temporary residence card) to the person imposing the penalty as the basis for determination of the suspension period of the international driving license.

Article 82. Impounding vehicles and papers related to operators and vehicles at fault

1. Pursuant to Clause 2 Article 125 of the Law on Actions against administrative violations, to immediately stop the violation, the person entitled to impose penalties is allowed to impound the vehicle for up to 07 days before issuing a decision on penalty imposition for the violations specified in:

a) Point c Clause 6; Points a and c Clause 8; Clause 10 Article 5;

b) Points b and c Clause 6; Point c Clause 7; Points a, b, c, d, e, g, h and i Clause 8, Clause 9 Article 6;

c) Point c Clause 6; Point b Clause 7; Points a and b Clause 8; Clause 9 Article 7;

d) Point q Clause 1; Point d, Point dd (in case persons operating the vehicles committing the violations are under 16 years of age), Point e Clause 3; Points a, c and d Clause 4 Article 8;

dd Clause 9 Article 11;

e) Points a, b, c and dd Clause 4; Points d, dd and e Clause 5 Article 16;

g) Clause 2 Article 17;

h) Points b and dd Clause 1; Points c, d, dd and e Clause 2 Article 19;

i) Clause 1; Points a and c Clause 4; Clause 5; Clause 6; Clause 7; Clause 8 Article 21;

k) Points dd, g, h and k Clause 5; Point m Clause 7; Points b, e, g, and h Clause 8; Point c Clause 9 Article 30;

l) Point b Clause 6 Article 33.

2. To ensure the implementation of the decision on penalties, or to verify the facts before issuing the decision on penalties, the person entitled to impose penalties may impound the vehicles and papers related to the operator that commits one of the violations in this Decree according to Clause 6 and Clause 8 Article 125 of the Law on Penalties for administrative violations. When the papers are impound according to Clause 6 Article 125 of the Law on Penalties for administrative violations, if the violator fails to settle the case at a competent agency after the arranged date, and keeps operating the vehicle, that person shall incur the penalties operating a vehicle without papers.

3. If a vehicle operator fails to present any, some or all of the papers (driving license, certificate of vehicle registration and certificate of technical and environmental safety) as per the law during inspection:

a) Competent individual shall prepare administrative offence notice against the vehicle operator for papers that he/she lacks and prepare administrative offence notice against vehicle owner for respective violations specified in Article 30 of this Decree and impound the vehicle as per the law;

b) During the time limit for handling the violation specified in the administrative offence notice, if the violator presents the papers as per the law, the competent individual shall impose penalties for failure to carry proper papers on the vehicle operator (without imposing penalties on the vehicle owner);

c) If the violator presents or fails to present the papers as per the law before the time limit for handling the violation specified in the administrative offence notice expires, the violator shall comply with decision on administrative penalties imposed as per the law for violations stated in the administrative offence notice.

4. When the vehicle is impounded as prescribed in Clause 1 and Clause 2 of this Article, the vehicle owner shall incur the costs (if any) of using another vehicle to transport the passengers and goods on the impounded vehicle.

Article 83. Using information from technological devices provided by organizations responsible for road/rail infrastructure operation as the basis for imposition of penalties for road/rail transport offences

1. The person entitled to impose penalties specified in Article 75, Article 76 and Article 77 of this Decree may use information from vehicle weighing devices, tachometers capable of video recording, video and audio recorders provided by organizations responsible for road/rail infrastructure operation as the basis for imposition of penalties for road/rail transport offences.

2. The devices mentioned in Clause 1 of this Article must be inspected, calibrated, and tested in accordance with law before being put into use; fulfillment of technical regulations and standards shall be maintained throughout the intervals between two inspections.

3. The use of such devices shall comply with Clause 2 Article 64 of the Law on Actions against administrative violations.

4. The person using the technological device must:

a) Be an employee of the organization responsible for road/rail infrastructure operation;

b) Grasp the method for management and use of such device;

c) Be trained in using and maintaining the device and relevant regulations of law on penalties for administrative violations;

d) Follow procedures, ensure safety, protect and maintain the device, and take responsibility for the use of the device.

5. The Minister of Public Security and the Minister of Transport shall ex officio promulgate legislative documents on procedures for using technological devices; disseminate regulations of law; provide training; carry out inspections and take actions against regulations on management and use of the technological devices specified in Clause 1 of this Article.

Chapter V

IMPLEMENTATION

Article 84. Entry into force

1. This Decree comes into force from January 01, 2020.

2. This Decree replaces Decree No. 46/2016/ND-CP dated May 26, 2016 of Government on administrative penalties for road traffic offences and rail transport offences.

Article 85. Transition clauses

The road traffic offences and rail transport offences committed before this Decree takes effect and discovered afterwards, the regulations that are advantageous to the organizations and individuals at fault shall apply.

Article 86. Responsibility for implementation

Ministers, Heads of ministerial agencies, Heads of Governmental agencies, Presidents of the People’s Committees of provinces are responsible for the implementation of this Decree./.

 

PP. GOVERNMENT PRIME MINISTER Nguyen Xuan Phuc