Decree 168/2024/ND-CP prescribing penalties for administrative violations related to road traffic order and safety; deduction and reinstatement of driver's license points
ATTRIBUTE
Issuing body: | Government | Effective date: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
Official number: | 168/2024/ND-CP | Signer: | Tran Hong Ha |
Type: | Decree | Expiry date: | Updating |
Issuing date: | 26/12/2024 | Effect status: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
Fields: | Administrative violation , Public order , Transport |
THE GOVERNMENT | THE SOCIALIST REPUBLIC OF VIETNAM |
DECREE
Prescribing penalties for administrative violations related to road traffic order and safety; deduction and reinstatement of driver's license points
__________
Pursuant to the Law on Government Organization dated June 19, 2015; Law dated November 22, 2019 amending and supplementing a number of articles of the Law on Government Organization and the Law on Organization of Local Government;
Pursuant to the Law on Handling of Administrative Violations dated June 20, 2012; the Law dated November 13, 2020 amending and supplementing a number of articles of the Law on Handling of Administrative Violations;
Pursuant to the Law on Road Traffic Order and Safety dated June 27, 2024;
At the proposal of the Minister of Public Security;
The Government hereby promulgates the Decree issued a Decree prescribing penalty for administrative violations related to road traffic order and safety; deduction and reinstatement of driver's license points.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
1. This Decree prescribes:
a) Penalties for administrative violations related to road traffic order and safety include: administrative violations; forms and levels of penalties, and remedial measures for each administrative violation; competence to draw up records, competence to impose penalties, and specific fines to be imposed by each position on administrative violations related to road traffic order and safety;
b) Specific levels of driver's license points to deducted for each administrative violation; the sequence, procedures, competence to deduct or reinstate driver's license points for the purpose of managing drivers’ compliance with law regulations on road traffic order and safety.
2. Administrative violations in other fields of State-level governance related to regulations on road traffic order and safety, other than those prescribed in this Decree, shall be subject to the Decrees prescribing penalties for administrative violations in the respective fields.
Article 2. Subjects of application
1. Vietnamese individuals and organizations; foreign individuals and organizations that commit administrative violations related to road traffic order and safety in the territory of the Socialist Republic of Vietnam.
2. The organizations prescribed in Clause 1 of this Article include:
a) State authorities that act ultra vires against the State-level governance tasks assigned to them;
b) Public non-business units;
c) Socio-political organizations, political-socio-professional organizations, social organizations, socio-professional organizations;
d) Economic institutions established under the Law on Enterprises, including: sole proprietorships, joint stock companies, limited liability companies, partnerships and dependent units of enterprises (branches, representative offices);
dd) Economic institutions established under the Law on Cooperatives, including: cooperative groups, cooperatives, and cooperative unions;
e) Driving training facilities, driving test centers, power-driven vehicle and special motorcycle register offices, facilities for testing, manufacturing, assembling, importing, and maintenance of power-driven vehicles and special motorcycles;
g) Other organizations lawfully established in accordance with the law regulations;
h) Foreign authorities and organizations permissible by competent authorities of Vietnam to operate in Vietnam.
3. Business households and families that commit administrative violations prescribed in this Decree shall be subject to the same penalties as individuals.
4. Persons with competence to draw written records of administrative violations, impose penalties on administrative violations, and organizations and individuals involved in the penalization of administrative violations as prescribed in this Decree.
5. Persons with competence to deduct and reinstate driver's license points.
Article 3. Administrative penalties and remedial measures; revocation of licenses and practising certificates
1. For each administrative violation of regulations on road traffic order and safety, the violating individual or organization must be subject to one of the following main penalty:
a) Warning;
b) Fine;
c) Confiscation of means used to commit administrative violations.
2. Depending on the nature and severity of the violation, an individual or organization committing an administrative violation of regulations on road traffic order and safety may also be subject to one or more of the following additional penalties:
a) Revocation of the right to use a license or practising certificate for a definite period of time;
b) Temporary suspension of operations for a definite period of time;
c) Confiscation of material evidence of administrative violations and means used to commit administrative violations in cases where it is not applied as the main penalty as prescribed at Point c, Clause 1 of this Article.
3. Remedial measures for administrative violations related to road traffic order and safety include:
a) Forcible restoration of the original condition that was changed due to the administrative violation, except for the remedial measures prescribed at Point e, Point n, Point p of this Clause;
b) Forcible implementation of measures to remedy environmental pollution caused by the administrative violation;
c) Forcible re-export of the vehicle out of Vietnam;
d) Forcible payment of illicit profits earned by committing administrative violations;
dd) Forcible demolition of any object obscuring road signs and traffic lights;
e) Forcible installation of all equipment or replacement with equipment that meets technical safety standards or restoration of technical features of the vehicle and equipment in accordance with the regulations or removal of additional equipment installed in violation of regulations;
g) Forcible issuance of driver identification cards to drivers in accordance with the regulations;
h) Forcible organization of training, guidance on professional skills, procedures or organization of periodic health check-ups for drivers and service staff on vehicles in accordance with the regulations;
i) Forcible installation of the tachograph, driver image digital video recorder, seat belts, seats for preschool and primary school children, and special rescue and rescue assistance equipment on the vehicle, in accordance with regulations;
k) Forcible removal of in-vehicle audio and lighting devices that endanger road traffic order and safety;
l) Forcible disclosure, updating, transmission, storage, and management of information and data from tachographs and driver image digital video recorders installed on motor vehicles in accordance with the regulations;
m) Forcible correction of the odometer reading of the motor vehicle that has been distorted;
n) Forcible restoration of the brand and paint color recorded in the vehicle registration certificate in accordance with the regulations;
o) Forcible compliance with regulations on vehicle license plates, the painting/affixing of lettering and numbering, and the display of plate information on the vehicle’s body and doors, as well as regulations on paint color and vehicle identification signs or markings;
p) Forcible restoration of the vehicle to its original shape, size, and technical safety status, and re-registration thereof, prior to the vehicle’s return to the road;
q) Forcible rectification of the cargo body to comply with applicable regulations, re-registration thereof, and adjustment of the permissible cargo weight as recorded in the certificate of vehicle periodic technical inspection for technical safety and environmental protection in accordance with the applicable regulations, prior to the vehicle’s return to the road;
r) Forcible implementation of procedures for exchanging, revoking, or issuing the vehicle registration certificate, the license plate, or the certificate of vehicle periodic technical inspection for technical safety and environmental protection in accordance with the regulations;
s) Forcible surrender of the license or the practising certificate that have been tampered with or altered to distort the information contained therein;
t) Forcible return of the vehicle to the Special Economic Zone or the International Border Gate Economic Zone.
4. Procedures for implementing the remedial measure that is forcible surrender of the license or practising certificate that have been tampered with or altered to distort the information contained therein; or revocation of the license or practising certificate that has expired or was not issued by a competent authority
a) The violating individual or organization shall be responsible for implementing the remedial measure that is forcible surrender of the license or practising certificate that have been tampered with or altered to distort the information contained therein, including: a driver's license; a vehicle registration certificate; a certified copy of a vehicle registration certificate with the original letter of acknowledgment from a credit institution or foreign bank branch in cases where the credit institution or foreign bank branch holds the original vehicle registration certificate; a certificate or stamp of vehicle periodic technical inspection for technical safety and environmental protection for a vehicle, which has been tampered with or altered to distort the information contained therein, in accordance with Article 85 of the Law on Handling of Administrative Violations.
The competent person shall decide to implement the remedial measure to transfer the license or practising certificate that has been tampered with or altered to distort the information contained therein to the competent authority or person that issued the license or practising certificate;
b) For a license or practising certificate that has expired or was not issued by a competent authority (a driver's license that was not issued by a competent authority or is invalid; a badge or a transport permit that has expired or was not issued by a competent authority; a dossier, paper, or document that has been tampered with, altered, or forged; a vehicle registration certificate (or a certified copy of a vehicle registration certificate with the original letter of acknowledgment from a credit institution or foreign bank branch in cases where the credit institution or foreign bank branch holds the original vehicle registration certificate) that was not issued by a competent authority or on which the chassis number or engine number is not the same; a certificate or stamp of vehicle periodic technical inspection for technical safety and environmental protection that is not issued by a competent authority), the competent person must temporarily seize and revoke it in accordance with the regulations.
In cases where the person with competence to temporarily seize a license or practising certificate does not have the competence to revoke such license or practising certificate, it must be transferred to the competent authority or person that issued such type of documents for handling in accordance with the law regulations (unless otherwise the case shows signs of a crime) and the violating individual or organization must be notified.
Article 4. Statute of limitation for imposing a penalty on an administrative violation; completed administrative violations, ongoing administrative violations
1. The statute of limitations for imposing a penalty on an administrative violation of regulations on road traffic order and safety is 01 year.
2. Results collected by the professional technical equipment or device, or the technical device provided by an individual or organization, to identify a violating individual or organization, are valid from the time such results are recorded by the professional technical equipment or device, or the technical device of the individual or organization, until the end of the last day of the statute of limitations for imposing a penalty on the violation, for any violation prescribed in Clause 1, Article 6 of the Law on Handling of Administrative Violations.
After the above deadline, if the competent authority does not issue a decision to impose any penalty in accordance with the regulations, the results collected by the professional technical equipment or device, or the technical equipment or device provided by the individual or organization, shall no longer be valid. In cases where an individual or organization intentionally evades or obstructs the imposition of a penalty, the validity period of the results collected by the professional technical equipment or device, or the technical equipment or device provided by the individual or organization, shall restart from the time the act of evading or obstructing the imposition of a penalty ends.
3. Completed administrative violations and ongoing administrative violations
a) Determining whether an administrative violation has been completed or is ongoing to determine the statute of limitations for imposing a penalty on such administrative violation shall comply with the law regulations on handling administrative violations;
b) For a violation detected by the professional technical equipment or device, or the technical equipment or device provided by an individual or organization: the violation is deemed complete from the time it is recorded by the professional technical equipment or device, or the technical equipment or device provided by an individual or organization.
Article 5. Revocation of the right to use a license or practising certificate for a definite period of time
1. Licenses and practising certificates whose use right may be revoked for a definite period of time in accordance with this Decree include:
a) Badges issued to motor vehicles engaged in transport business;
b) Certificates and stamps of vehicle periodic technical inspection for technical safety and environmental protection;
c) Driving training licenses;
d) Driving test licenses;
dd) Certificates of eligibility for conducting vehicle periodic technical inspection;
e) Registration officer certificates;
g) National driver's licenses; international driving permits issued by contracting parties to the 1968 United Nations Convention on Road Traffic (other than international driving permits issued by Vietnam); international driving permits recognized under international treaties on mutual recognition of international driving permits to which Vietnam is a contracting party.
2. The order and procedures for revoking the right to use licenses and practising certificates related to road traffic order and safety for a definite period of time shall comply with the law regulations on handling administrative violations.
In cases where an individual commits multiple administrative violations and is penalized in a single instance, he/she shall be fined for each separate violation. However, if any of the violations result in both the revocation of his/her driver's license and the deduction of driver’s license points, only the revocation of the driver's license shall be applied.
3. The commencement of the period of time during which the right to use a license or practising certificate is revoked shall be as follows:
a) In cases where the person with the competence to impose the penalty has already temporarily seized the license or practising certificate of the violating individual or organization by the time he/she issued a decision to impose a penalty on the administrative violation, the period shall commence upon the effective date of such decision;
b) In cases where, the person with the competence to impose the penalty has not yet temporarily seized the license or practising certificate of the violating individual or organization by the time he/she should have issued a decision to impose a penalty on the administrative violation, he/she shall proceed to issue such decision in accordance with the regulations. This decision shall explicitly indicate that the additional penalty, which is revocation of the right to use the license or practising certificate, shall come into force from the time the violator presents the license or certificate to the competent person for temporary seizure;
c) When the person with the competence to impose the penalty seizes and returns the license or practising certificate whose use right is revoked in accordance with Point b of this Clause, he/she shall draw respective written records and keep them in the penalty dossier.
4. During the period the right to use a license or practising certificate is revoked, if an individual or organization continues to conduct activities stated in the license or practising certificate, he/she/it shall be penalized as if he/she/it did not have a license or practising certificate.
5. In cases where an individual or organization committing an administrative violation is subject to the penalty which is revocation of the right to use a license or practising certificate, but the remaining validity period of the license or practising certificate is less than the revocation period, the competent person shall issue a decision to impose the penalty on the violation and enforce the revocation of the right to use the license or practising certificate, nonetheless. During the period the right to use the license or practising certificate, the individual or organization is not allowed to apply for a new license or practising certificate, unless otherwise prescribed in Clause 6 of this Article.
6. If a driver commits an administrative violation and, in accordance with the regulations, is subject to revocation of the right to use his/her driver’s license, which combines an indefinite license (for driving motorcycles and vehicle similar to a motorcycles) and a definite license (for driving motor vehicles, vehicle similar to a motor vehicles, four-wheeled motor-driven vehicles for the transport of persons, and four-wheeled motor-driven vehicles for the transport of goods), the person with the competence to impose the penalty shall revoke the right to use either the indefinite license, when such driver drives a motorcycle or a vehicle similar to a motorcycle, or the definite license, when such driver drives a motor vehicle, a vehicle similar to a motor vehicle, a four-wheeled motor-driven vehicle for the transport of persons, or a four-wheeled motor-driven vehicle for the transport of goods. During the period, the right to use the license is revoked, the holder of an integrated driver's license shall be granted a new driver's license for the license whose use right was not revoked.
7. In cases where the license or practising certificate is issued in electronic form or expressed in the form of data message, the competent authority or person shall temporarily seize or revoke it in the electronic environment in accordance with the regulations if it meets the conditions with respect to infrastructure, technology and information. The temporary seizure of, and revocation of the right to use, the license or practising certificate shall be updated on the database, electronic identity card, electronic identification account and other electronic information applications in accordance with the regulations.
Chapter II
VIOLATIONS, FORMS AND LEVELS OF PENALTIES, DEDUCTIONS OF DRIVER’S LICENSE POINTS, AND REMEDIAL MEASURES FOR ADMINISTRATIVE VIOLATIONS RELATED TO ROAD TRAFFIC ORDER AND SAFETY
Section 1
VIOLATION OF ROAD TRAFFIC PRINCIPLES
Article 6. Penalties and deduction of driver's license points for drivers of motor vehicles, four-wheeled motor-driven vehicles for the transport of persons, four-wheeled motor-driven vehicles for the transport of goods, and types of vehicle similar to a motor vehicle who violate road traffic principles
1. A fine of between VND 400,000 and VND 600,000 shall be imposed on any driver who commits any of the violations below:
a) Failing to follow the directions and instructions conveyed by traffic signs and road markings, except for the violations prescribed at Point a, Point c, Point d, Point dd, Clause 2; Point a, Point d, Point dd, Point e, Point n, Point o, Clause 3; Point a, Point b, Point dd, Point e, Point i, Point k, Point l, Clause 4; Point a, Point b, Point c, Point d, Point dd, Point i, Point k, Clause 5; Point a, Clause 6; Clause 7; Point b, Point d, Clause 9; Point a, Clause 10; Point dd, Clause 11 of this Article;
b) Failing to provide a signal to other drivers when moving into or out of a parking or standing location;
c) Failing to activate the hazard warning light or failing to place a “Watch For Parked Vehicles” sign as prescribed by the regulations in case of a technical failure (or other unavoidable circumstance) forcing the vehicle to park in a part of the roadway or in a location where parking is not allowed, unless otherwise prescribed at Point c, Clause 7 of this Article;
d) Failing to attach a warning sign in front of the towing vehicle or behind the towed vehicle; driving a trailer-towing vehicle without a warning sign as prescribed;
dd) Honking the horn from 10:00 p.m. the previous day to 5:00 a.m. the following day within a densely populated area or within the vicinity of a healthcare facility, unless it is a priority vehicle on duty as prescribed by the regulations.
2. A fine of between VND 600,000 and VND 800,000 shall be imposed on any driver who commits any of the violations below:
a) Changing lanes at an unauthorized location, without prior signal, or in violation of the regulation on “changing only to an adjacent lane at a time”, except for the violation prescribed at Point g, Clause 5 of this Article;
b) Transporting more persons in the cab than the prescribed number;
c) Failing to comply with regulation on giving way at road intersections, except for violations prescribed at Point n and Point o, Clause 5 of this Article;
d) Standing or parking the vehicle on the roadway in a non-urban road section where a wide shoulder is available; standing or parking the vehicle without positioning it closely to the right-hand edge of the roadway in the direction of traffic, on a road with a narrow shoulder or no shoulder; standing or parking the vehicle against the flow of traffic in the lane; standing or parking the vehicle on a fixed median separating two roadways; parking the vehicle on a slope without securing the wheels;
dd) Standing the vehicle at a location not close to the right-hand shoulder or footpath in the direction of traffic, or with the nearest wheel more than 0.25 meters away from the shoulder or footpath; standing the vehicle on a designated bus lane; standing the vehicle over a drain cover, a telephone or high-voltage electrical manhole, or a designated fire hydrant access point; leaving the driver’s seat and turning off the engine while stopped (except when leaving the driver’s seat to open or close vehicle doors, load or unload goods, or perform vehicle maintenance) or leaving the driver's seat without engaging the parking brake (or other safety measures); standing or parking the vehicle in an undesignated area in sections with designated standing or parking zones; standing or parking the vehicle on a pedestrian crosswalk; standing the vehicle in a location marked with a “No Standing and Parking” sign, except for the violation prescribed at Point dd, Clause 4 and Point c, Clause 7 of this Article.
3. A fine of between VND 800,000 and VND 1,000,000 shall be imposed on any driver who commits any of the violations below:
a) Driving a vehicle at a speed exceeding the prescribed speed by between 05 km/h and less than 10 km/h;
b) Honking the horn, revving the engine continuously; honking the air horn, turning on high beams when encountering pedestrians crossing the road or when driving on a road through a residential area with an active lighting system or when encountering oncoming vehicles (unless otherwise the median has anti-glare capability) or when changing direction at an intersection, unless it is an priority vehicle on duty as prescribed;
c) Making a turn without proper observation, or failing to maintain a safe following distance from vehicles behind, or failing to reduce speed, or failing to signal a turn, or failing to maintain a continuous turn signal throughout the turning maneuver despite having initially signaled (except when driving along a curved road section where there is no at-grade intersection);
d) Failing to comply with regulations on standing and parking the vehicle at a level-crossing; standing and parking the vehicle within the protection zone of railway structures or the railway safety area;
dd) Standing or parking the vehicle at any of the following locations: at a road intersection or within 05 meters of the edge of the carriageway at an intersection; at a designated passenger pick-up or drop-off area; in front of or within 05 meters on either side of the entrance to the headquarters of an agency or organization that has a driveway for vehicles; on a section of road where the roadway is only wide enough for a single lane of power-driven vehicles; where the vehicle obscures traffic signs or traffic lights; at a break in the median; within less than 20 meters of a motor vehicle parked facing the opposite direction on a narrow city street, or within less than 40 meters on a one-way road with a single power-driven vehicle lane;
e) Parking the vehicle at a location not close to the right-hand shoulder or footpath in the direction of traffic, or with the nearest wheel more than 0.25 meters away from the shoulder or footpath; parking the vehicle the vehicle on a designated bus lane; standing the vehicle over a drain cover, a telephone or high-voltage electrical manhole, or a designated fire hydrant access point; parking or leaving the vehicle on the footpath in violation of the law regulations; parking the vehicle in a location marked with a “No Parking” sign or a “No Standing and Parking” sign, except for violations prescribed at Point dd, Clause 4, Point c, Clause 7 of this Article;
g) Failing to use or using insufficient lighting from 6:00 p.m. the previous day to 6:00 a.m. the following day or when there is fog, smoke, dust, rain, or bad weather that limits visibility;
h) Driving a car towing another vehicle or object (unless it tows a trailer, a semi-trailer or another car or special motorcycle which is not self-propelled); driving a car pushing another vehicle or object; driving a trailer-towing or semi-trailer-towing vehicle that tows another trailer or vehicle or object; failing to securely and safely connecting the towing vehicle and the towed vehicle when towing each other;
i) Transporting any person other than the driver on the towed vehicle;
k) Failing to fasten seat belt while driving on the road;
l) Transporting any person who does not fasten his/her seat belt (where a seat belt is equipped) in a motor vehicle while the vehicle is in motion;
m) Transporting children under 10 years of age and under 1.35 meters in height in a motor vehicle seated in the same row as the driver (unless the motor vehicle has only one row of seats), or failing to utilize appropriate child safety restraints as prescribed;
n) Driving in a road tunnel without turning on low beams;
o) Driving a vehicle at a speed below the minimum speed limit on a road section with a prescribed minimum speed limit;
p) Driving a vehicle at a speed lower than that of other vehicles traveling in the same direction without moving to the right lane of travel, unless the other vehicles traveling in the same direction are exceeding the prescribed speed limit.
4. A fine of between VND 2,000,000 and VND 3,000,000 shall be imposed on any driver who commits any of the violations below:
a) Driving a vehicle that lacks the necessary equipment for automatic electronic toll collection (a vehicle without an ETC tag) into a dedicated automatic electronic toll collection lane at a toll station;
b) Standing or parking the vehicle at any of the following locations: on the left side of a one-way road or the left side (in the direction of travel) of a dual carriageway; on a curved section or near the crest of a steep section of a road, where visibility is obstructed; on a bridge (unless the traffic facilitates otherwise), under an overpass (unless standing or parking is otherwise permitted), or parallel to another parked or stopped vehicle, except for the violation prescribed at Point c, Clause 7 of this Article;
c) Failing to take safety measures as prescribed when a motor vehicle breaks down at a level-crossing;
d) Failing to give way to vehicles requesting to overtake when it is safe to do so;
dd) Reversing a vehicle or making a U-turn within a tunnel; standing or parking a vehicle within a tunnel at an unauthorized location; failing to activate the hazard warning light and place a “Watch For Parked Vehicles” sign (or warning lights) at a safe distance behind the vehicle when standing or parking the vehicle within a tunnel due to a mechanical failure or other unavoidable circumstance requiring standing or parking;
e) Reversing a vehicle on a one-way road or a road with a “No Entry” sign, in a no-stopping zone, on a pedestrian crosswalk, at a road intersection, at a level-crossing, where visibility is obstructed; or reversing without observing both sides and the rear of the vehicle, or without signaling the intention to reverse, except for the violation prescribed at Point dd, Clause 11 of this Article;
g) Driving a vehicle directly involved in a traffic accident but failing to immediately stop the vehicle, preserve the accident scene, or assist the victim, except for the violations prescribed in Clause 8 of this Article;
h) Installing, or using, priority signaling devices in violation of the regulations or using priority signaling devices without a permit issued by a competent authority or with a permit issued by a competent authority that is no longer valid in accordance with the regulations, on a priority vehicle;
i) Making a U-turn on a pedestrian crosswalk, on a bridge, at the end of a bridge, under an overpass, or in a tunnel, at a level-crossing, on a narrow road, a steep road, or a curved section of a road where visibility is obstructed, on a one-way road, unless directed by the authorized officials directing traffic or conveyed by temporary road signs, or if U-turn locations are designed depending on the traffic in such area;
k) Making a U-turn in a location with a sign prohibiting U-turns for the type of vehicle being driven; making a left turn in a location with a sign prohibiting left turns for the type of vehicle being driven; making a right turn in a location with a sign prohibiting right turns for the type of vehicle being driven;
l) Failing to maintain a safe following distance resulting in a collision with the vehicle directly ahead, or failing to maintain the distance prescribed by a “Minimum Distance Between Vehicles” sign, except for the violation prescribed at Point d, Clause 5 of this Article.
5. A fine of between VND 4,000,000 and VND 6,000,000 shall be imposed on any driver who commits any of the violations below:
a) Overtaking in cases where overtaking is not allowed, overtaking on a road section with a sign prohibiting overtaking (for the type of vehicle being driven); failing to provide a signal before overtaking or failing to maintain a continuous overtaking signal throughout the overtaking maneuver despite having initially signaled; overtaking on the right side of another vehicle in cases where it is not allowed;
b) Driving a vehicle but failing to keep to the right in the direction of traffic; driving in the wrong part of the road or lane as prescribed by the regulations (whether in the same direction or opposite direction), except for the violation prescribed at Point a, Clause 4 of this Article; driving the vehicle across the fixed median separating two roadways;
c) Avoiding oncoming vehicles in violation of regulations (except for the violation of using high beams when avoiding oncoming vehicles as prescribed at Point b, Clause 3 of this Article); failing to give way to oncoming vehicles as prescribed in a narrow road, steep road, or an area with obstructions;
d) Failing to comply with regulations when entering or exiting a motorway; driving in the emergency lane or on the shoulder of a motorway; failing to comply with regulations on safe following distance from the vehicle directly ahead when driving on the motorway;
dd) Driving a vehicle at a speed exceeding the prescribed speed by between 10 km/h and 20 km/h;
e) Installing or using signaling devices of priority vehicles to a non-priority vehicle;
g) Changing lanes at an unauthorized location, without prior signal, or in violation of the regulation on “changing only to an adjacent lane at a time” while driving on a motorway;
h) Using hands to hold and use phones or other electronic devices while driving a vehicle in traffic on the road;
i) Entering a restricted area or a road with a sign prohibiting entry for the type of vehicle being driven, except for violations prescribed at Point d, Clause 9, Point dd, Clause 11 of this Article, or unless it enters an irrigation facility or it is a priority vehicle actively responding to an emergency situation in accordance with the regulations;
k) Standing or parking the vehicle, or making a U-turn in violation of regulations, thereby causing traffic congestion;
l) Changing direction without giving the right of way to: pedestrians, wheelchairs of disabled persons crossing the road at a crosswalk; rudimentary vehicles traveling on the road section reserved for rudimentary vehicles;
m) Making a turn without giving way to: oncoming vehicles; pedestrians and rudimentary vehicles crossing the road at unmarked crosswalks;
n) Failing to reduce speed (or stop) and give way when driving from a non-priority road to a priority road, or from a branch road to a main road;
o) Failing to reduce speed and give way to vehicles coming from the right at an intersection without a roundabout signal; failing to reduce speed and give way to vehicles coming from the left at an intersection with a roundabout signal;
p) Transporting any person on the cargo body in violation of regulations; transporting any person on the vehicle's roof; letting any person hang onto the vehicle's door or outside the vehicle's body while the vehicle is in motion;
q) Opening the vehicle doors or leaving the vehicle doors open in an unsafe manner.
6. A fine of between VND 6,000,000 and VND 8,000,000 shall be imposed on any driver who commits any of the violations below:
a) Driving a vehicle at a speed exceeding the prescribed speed by between more than 20 km/h and 35 km/h;
b) Failing to give way or obstructing priority vehicles with active priority signals performing official duties;
c) Driving a vehicle on the road with an alcohol concentration in the blood or breath that does not exceed 50 milligrams/100 milliliters of blood or does not exceed 0.25 milligrams/1 liter of breath;
d) Driving on the footpath, except when driving across the footpath to access a residence or office.
7. A fine of between VND 12,000,000 and VND 14,000,000 shall be imposed on any driver who commits any of the violations below:
a) Driving a vehicle at a speed exceeding the prescribed speed by more than 35 km/h;
b) Driving a four-wheeled motor-driven vehicle for the transport of persons or a four-wheeled motor-driven vehicle for the transport of goods onto a motorway;
c) Standing or parking the vehicle on a motorway at an unauthorized location; failing to activate the hazard warning light in case of a mechanical failure or other unavoidable circumstance requiring standing or parking in the emergency lane of a motorway; failing to activate the hazard warning light and place a “Watch For Parked Vehicles” sign (or warning lights) at a minimum distance of 150 meters behind the vehicle when standing or parking due to a mechanical failure or other unavoidable circumstance requiring standing or parking on part of a motorway lane.
8. A fine of between VND 16,000,000 and VND 18,000,000 shall be imposed on any driver that commits a violation, thereby causing a traffic accident but neither immediately stopping the vehicle, nor preserving the scene, nor assisting the victim, nor staying at the scene or nor immediately reporting to the nearest police office or People's Committee.
9. A fine of between VND 18,000,000 and VND 20,000,000 shall be imposed on any driver who commits any of the violations below:
a) Driving a vehicle on the road with a blood or breath alcohol concentration exceeding 50 milligrams to 80 milligrams/100 milliliters of blood or exceeding 0.25 milligrams to 0.4 milligrams/1 liter of breath;
b) Failing to follow traffic light rules;
c) Failing to obey the directions or instructions given by the authorized officials directing traffic;
d) Driving a vehicle against the direction of traffic on a one-way road or on a road with a “No Entry” sign, except for the violation prescribed at Point dd, Clause 11 of this Article, unless it is a priority vehicle actively responding to an emergency situation in accordance with the regulations.
10. A fine of between VND 20,000,000 and VND 22,000,000 shall be imposed on any driver who commits any of the violations below:
a) Driving a vehicle without proper observation, or failing to reduce speed or stop the vehicle to ensure safety as prescribed, thereby causing a traffic accident; driving a vehicle at a speed exceeding the prescribed speed, thereby causing a traffic accident; improperly standing, parking, making a U-turn, reversing a vehicle, avoiding oncoming vehicles, overtaking, making a turn, or changing lanes, thereby causing a traffic accident; failing to travel in the correct lane or maintaining a safe distance between vehicles as prescribed, thereby causing a traffic accident, or entering a road with a sign prohibiting entry of the type of vehicle being driven, thereby causing a traffic accident, except for the violation prescribed at Point dd, Clause 11 of this Article;
b) Violating any of the following points and clauses of this Article, thereby causing a traffic accident: Point a, Point b, Point c, Point d, Point dd, Clause 1; Point c, Clause 2; Point b, Point g, Point h, Point n, Point o, Point p, Clause 3; Point a, Point c, Point d, Clause 4; Point c, Point d, Point e, Point h, Point n, Point o, Point q Clause 5; Point b, Clause 7; Point b, Point c, Point d, Clause 9 of this Article.
11. A fine of between VND 30,000,000 and VND 40,000,000 shall be imposed on any driver who commits any of the violations below:
a) Driving a vehicle on the road with an alcohol concentration in the blood or breath exceeding 80 milligrams/100 milliliters of blood or exceeding 0.4 milligrams/1 liter of breath;
b) Failing to comply with the request for alcohol concentration testing by a person performing official duties;
c) Driving a vehicle on the road while under the influence of illicit drugs or other stimulants prohibited by law;
d) Failing to comply with the request of a person performing official duties to test for drugs or other stimulants prohibited by law;
dd) Driving a vehicle against the direction of traffic on a motorway, reversing a vehicle on a motorway, or making a U-turn on a motorway, unless it is a priority vehicle actively responding to an emergency situation in accordance with the regulations.
12. A fine of between VND 40,000,000 and VND 50,000,000 shall be imposed on any driver who swerves or zigzags on the road; speeds or chases each other on the road; or use his/her feet to control the steering wheel while the vehicle is in motion on the road.
13. A fine of between VND 50,000,000 and VND 70,000,000 shall be imposed on a driver who commits a violation prescribed in Clause 12 of this Article, thereby causing a traffic accident.
14. The vehicle shall be confiscated if its driver repeatedly commits the violation of driving in a zigzag or swerving manner as prescribed in Clause 12 of this Article.
15. In addition to being fined, a driver who commits the violation shall also be subject to the following additional penalties:
a) Confiscation of the priority signaling device installed or used in violation of regulations if he/she commits the violation prescribed at Point e, Clause 5 of this Article;
b) Revocation of the right to use the driver's license for a period of between 10 months and 12 months if he/she commits any of the violations prescribed in Clause 12 of this Article;
c) Revocation of the right to use the driver's license for a period of between 22 months and 24 months if he/she commits any of the violations prescribed at Point a, Point b, Point c, Point d, Clause 11; Clause 13; Clause 14 of this Article.
16. In addition to being subject to penalties, the driver who commits the violation shall also have his/her driver's license points deducted as follows:
a) Deduction of the driver's license points by 02 points if he/she commits any of the violations prescribed at Point h, Point i, Clause 3; Point a, Point b, Point c, Point d, Point dd, Point g, Clause 4; Point a, Point b, Point c, Point d, Point dd, Point e, Point g, Point i, Point k, Point n, Point o, Clause 5 of this Article;
b) Deduction of the driver's license points by 04 points if he/she commits any of the violations prescribed at Point h, Clause 5; Clause 6; Point b, Clause 7; Point b, Point c, Point d, Clause 9 of this Article;
c) Deduction of the driver's license points by 06 points if he/she commits any of the violations prescribed at Point p, Clause 5; Point a, Point c, Clause 7; Clause 8 of this Article;
d) Deduction of the driver's license points by 10 points if he/she commits any of the violations prescribed at Point a, Clause 9; Clause 10; Point dd, Clause 11 of this Article.
Article 7. Penalties and deduction of driver's license points for drivers of motorcycles, mopeds, types of vehicle similar to a motorcycle, and types of vehicle similar to a moped who violate road traffic principles
1. A fine of between VND 200,000 and VND 400,000 shall be imposed on any driver who commits any of the violations below:
a) Failing to follow the directions and instructions conveyed by traffic signs and road markings, except for the violations prescribed at Point b, Point d, Point e, Clause 2; Point a, Point c, Point d, Point h, Clause 3; Point a, Point b, Point c, Point d, Clause 4; Point b and Point d, Clause 6; Point a, Point b, Point c, Clause 7; Point a, Clause 8; Point b, Clause 9; Point a, Clause 10 of this Article;
b) Failing to provide a signal before overtaking or failing to maintain a continuous overtaking signal throughout the overtaking maneuver despite having initially signaled;
c) Reversing a three-wheeled motorcycle without observing the sides and rear of the vehicle, or without providing a reverse signal;
d) Transporting any person who is using an umbrella while seated in the vehicle;
dd) Failing to comply with regulation on giving way at road intersections, except for violations prescribed at Point c and Point d, Clause 6 of this Article;
e) Changing lanes at an unauthorized location, without prior signal, or in violation of the regulation on “changing only to an adjacent lane at a time”;
g) Failing to use lighting from 6:00 p.m. the previous day to 6:00 a.m. the following day or when there is fog, smoke, dust, rain, or bad weather that limits visibility;
h) Avoiding oncoming vehicles in violation of regulations; using high beams when encountering pedestrians crossing the road or when driving on a road through a residential area with an active lighting system or when encountering oncoming vehicles (unless otherwise the median has anti-glare capability) or when changing direction at an intersection; failing to give way to oncoming vehicles in accordance with the regulations in a narrow road, steep road, or an area with obstructions;
i) Honking the horn from 10:00 p.m. the previous day to 5:00 a.m. the following day within a densely populated area or within the vicinity of a healthcare facility, unless it is a priority vehicle on duty as prescribed;
k) Driving a vehicle at a speed below the minimum speed limit on a road section with a prescribed minimum speed limit.
2. A fine of between VND 400,000 and VND 600,000 shall be imposed on any driver who commits any of the violations below:
a) Standing or parking the vehicle on the roadway in a non-urban road section where a shoulder is available;
b) Driving a vehicle at a speed exceeding the prescribed speed by between 05 km/h and less than 10 km/h;
c) Driving at low speed without keeping to the right side of the road, causing traffic obstruction;
d) Standing or parking vehicles on the carriageway, thereby causing traffic obstruction; gathering 03 or more vehicles on the carriageway or in a road tunnel; illegally parking or leaving the vehicle on the carriageway or footpath;
dd) Installing or using signaling devices of priority vehicles to a non-priority vehicle;
e) Standing or parking the vehicle at a designated passenger pick-up or drop-off area, at a road intersection, on a pedestrian crosswalk; standing the vehicle in a location marked with a “No Standing and Parking” sign; parking in a location marked with a “No Parking” sign or a “No Standing and Parking” sign; failing to comply with regulations on standing or parking the vehicle at a level-crossing; standing or parking the vehicle within the railway safety corridor;
g) Transporting 02 persons in the vehicle, unless they are sick persons being transported to the emergency room, children under 12 years of age, elder or disabled persons, or law violators being escorted;
h) Failing to wear a “motorcycle or moped helmet”, or wearing a “motorcycle or moped helmet” without fastening its strap properly while driving the vehicle in traffic on the road;
i) Transporting any person who is not wearing a “motorcycle or moped helmet”, or one who wears a “motorcycle or moped helmet” without fastening its strap properly, on a vehicle, unless he/she is a sick person being transported to the emergency room, a child under 06 years of age, or a law violator being escorted;
k) Making a U-turn in a location where U-turns are not allowed, except for the violation prescribed at Point d, Clause 4 of this Article.
3. A fine of between VND 600,000 and VND 800,000 shall be imposed on any driver who commits any of the violations below:
a) Making a turn without proper observation, or failing to maintain a safe distance from vehicles behind, or failing to reduce speed, or failing to signal a turn, or failing to maintain a continuous turn signal throughout the turning maneuver despite having initially signaled (except when driving along a curved road section where there is no at-grade intersection); making a left turn in a location with a sign prohibiting left turns of the type of vehicle being driven; making a right turn in a location with a sign prohibiting right turns of the type of vehicle being driven;
b) Transporting 03 or more persons in the vehicle;
c) Standing or parking a vehicle amidst a bridge;
d) Driving a vehicle but failing to keep to the right in the direction of traffic; driving in the wrong part of the road or lane as prescribed by the regulations (whether in the same direction or opposite direction); driving the vehicle across the fixed median separating two roadways;
dd) Overtaking on the right where not permitted;
e) Driving a vehicle or transporting a passenger but holding onto, towing, or pushing another vehicle or object, guiding livestock, carrying bulky items; or transporting a passenger standing on the seat or cargo rack, or sitting on handlebars;
g) Driving a vehicle towing another vehicle or object;
h) Driving in a road tunnel without turning on low beams;
i) Failing to maintain a safe following distance resulting in a collision with the vehicle directly ahead, or failing to maintain the distance prescribed by a “Minimum Distance Between Vehicles” sign;
k) Driving vehicles in a side-by-side formation of 03 or more vehicles;
l) Installing, or using, priority signaling devices in violation of the regulations or using priority signaling devices without a license issued by a competent authority or with a license issued by a competent authority that is no longer valid in accordance with the regulations, on a priority vehicle.
4. A fine of between VND 800,000 and VND 1,000,000 shall be imposed on any driver who commits any of the violations below:
a) Driving a vehicle at a speed exceeding the prescribed speed by between 10 km/h and 20 km/h;
b) Standing or parking a vehicle within a road tunnel at an unauthorized location;
c) Overtaking in cases where overtaking is not allowed, overtaking on a road section with a sign prohibiting overtaking for the type of vehicle being driven, except for the violation prescribed at Point dd, Clause 3 of this Article;
d) Making a U-turn within a road tunnel;
dd) A driver using an umbrella or an audio device (unless it is hearing aids), or holding and using a phone or other electronic devices while driving a vehicle.
5. A fine of between VND 1,000,000 and VND 2,000,000 shall be imposed on any driver who commits any of the violations below:
a) Driving a vehicle directly involved in a traffic accident but failing to immediately stop the vehicle, preserve the accident scene, or assist the victim, except for the violations prescribed at Point c, Clause 9 of this Article;
b) Changing direction without giving the right of way to: pedestrians, wheelchairs of disabled persons crossing the road at a crosswalk; rudimentary vehicles traveling on the road section reserved for rudimentary vehicles;
c) Making a turn without giving way to: oncoming vehicles; pedestrians and rudimentary vehicles crossing the road at unmarked crosswalks.
6. A fine of between VND 2,000,000 and VND 3,000,000 shall be imposed on any driver who commits any of the violations below:
a) Driving a vehicle on the road with an alcohol concentration in the blood or breath that does not exceed 50 milligrams/100 milliliters of blood or does not exceed 0.25 milligrams/1 liter of breath;
b) Entering a restricted area or a road with a sign prohibiting entry for the type of vehicle being driven, except for violations prescribed at Point a and Point b, Clause 7 of this Article, or unless it is a priority vehicle actively responding to an emergency situation in accordance with the regulations;
c) Failing to reduce speed (or stop) and give way when driving from a non-priority road to a priority road, or from a branch road to a main road;
d) Failing to reduce speed and give way to vehicles coming from the right at an intersection without a roundabout signal; failing to reduce speed and give way to vehicles coming from the left at an intersection with a roundabout signal.
7. A fine of between VND 4,000,000 and VND 6,000,000 shall be imposed on any driver who commits any of the violations below:
a) Driving a vehicle against the direction of traffic on a one-way road or on a road with a “No Entry” sign, except for violations prescribed at Point b of this Clause or unless it is a priority vehicle actively responding to an emergency situation in accordance with the regulations; driving on footpaths, unless driving across a footpath to access a residence or office;
b) Driving a vehicle onto a motorway, unless it is used for management and maintenance of the motorway;
c) Failing to follow traffic light rules;
d) Failing to obey the directions or instructions given by the authorized officials directing traffic;
dd) Failing to give way or obstructing priority vehicles with active priority signals performing official duties.
8. A fine of between VND 6,000,000 and VND 8,000,000 shall be imposed on any driver who commits any of the violations below:
a) Driving a vehicle at a speed exceeding the prescribed speed by more than 20 km/h;
b) Driving a vehicle on the road with a blood or breath alcohol concentration exceeding 50 milligrams to 80 milligrams/100 milliliters of blood or exceeding 0.25 milligrams to 0.4 milligrams/1 liter of breath.
9. A fine of between VND 8,000,000 and VND 10,000,000 shall be imposed on any driver who commits any of the violations below:
a) Driving a vehicle in a zigzag or swerving manner on the road; using the kickstand or other objects to scrape the road while the vehicle is in motion;
b) Driving in a group of 02 or more vehicles at a speed exceeding the speed limit prescribed by the regulations;
c) Causing a traffic accident but neither immediately stopping the vehicle, nor preserving the scene, nor assisting the victim, nor staying at the scene or nor immediately reporting to the nearest police office or People's Committee;
d) Driving a vehicle on the road with an alcohol concentration in the blood or breath exceeding 80 milligrams/100 milliliters of blood or exceeding 0.4 milligrams/1 liter of breath;
dd) Failing to comply with the request for alcohol concentration testing by a person performing official duties;
e) Driving a vehicle on the road while under the influence of illicit drugs or other stimulants prohibited by law;
g) Failing to comply with the request of a person performing official duties to test for drugs or other stimulants prohibited by law;
h) Reaching around the person in front to steer the vehicle, except when transporting a child under 06 years of age in the front;
i) Driving in a convoy that obstructs traffic, unless permitted by a competent authority;
k) Continuously honking the horn or revving the engine (making loud exhaust noises) within a densely populated area or within the vicinity of a healthcare facility, unless it is a priority vehicle on duty as prescribed by the regulations.
10. A fine of between VND 10,000,000 and VND 14,000,000 shall be imposed on any driver who commits any of the violations below:
a) Avoiding oncoming vehicles without proper observation, or failing to reduce speed or stop the vehicle to ensure safety as prescribed, thereby causing a traffic accident; driving a vehicle at a speed exceeding the prescribed speed, thereby causing a traffic accident; entering a motorway, improperly standing or parking the vehicle, making a U-turn, reversing the vehicle, overtaking, making a turn, or changing lanes, thereby causing a traffic accident; failing to travel in the correct lane or maintaining a safe following distance between vehicles as prescribed, thereby causing a traffic accident, or entering a road with a sign prohibiting entry of the type of vehicle being driven, driving a vehicle against the direction of traffic on a one-way road, or driving a vehicle against the direction of traffic on a road with a “No Entry” sign, thereby causing a traffic accident;
b) Violating any of the following points and clauses of this Article, thereby causing a traffic accident: Point a, Point d, Point dd, Point g, Point h, Point i, Point k Clause 1; Point c, Point dd, Point g Clause 2; Point b, Point e, Point g, Point h, Point k Clause 3; Point dd, Clause 4; Point c, Point d Clause 6; Point c, Point d, Point dd Clause 7; Point a, Point b, Point h, Point k Clause 9 of this Article.
11. The vehicle shall be confiscated if its driver commits any of the violations below:
a) Releasing both hands while driving the vehicle; driving the vehicle with one's feet; sitting sideways while driving the vehicle; lying on the vehicle's seat while driving the vehicle; changing the driver while the vehicle is in motion; turning backwards to drive the vehicle; or driving the vehicle with one's eyes covered;
b) Driving a two-wheeled vehicle on one wheel, or driving a three-wheeled vehicle on two wheels;
c) Repeatedly committing the violation of driving in a zigzag or swerving manner as prescribed at Point a, Clause 9 of this Article.
12. In addition to the main penalty, the driver who commits the violation shall also be subject to the following additional penalties:
a) Confiscation of the priority signaling device installed or used in violation of regulations if he/she commits the violation prescribed at Point dd, Clause 2 of this Article;
b) Revocation of the right to use the driver's license for a period of between 10 months and 12 months if he/she commits any of the violations prescribed at Point a, Point b, Point h, Point i, Point k, Clause 9 of this Article;
c) Revocation of the right to use the driver's license for a period of between 22 months and 24 months if he/she commits any of the violations prescribed at Point d, Point dd, Point e, Point g, Clause 9; Clause 11 of this Article.
13. In addition to being subject to penalties, the driver who commits the violation shall also have his/her driver's license points deducted as follows:
a) Deduction of the driver's license points by 02 points if he/she commits any of the violations prescribed at Point b, Clause 3; Clause 5; Point b, Point c, Point d, Clause 6; Point a, Clause 7 of this Article;
b) Deduction of the driver's license points by 04 points if he/she commits any of the violations prescribed at Point dd, Clause 4; Point a, Clause 6; Point c, Point d, Point dd, Clause 7; Point a, Clause 8 of this Article;
c) Deduction of the driver's license points by 06 points if he/she commits any of the violations prescribed at Point b, Clause 7; Point c, Clause 9 of this Article;
d) Deduction of the driver's license points by 10 points if he/she commits any of the violations prescribed at Point b, Clause 8; Clause 10 of this Article.
Article 8. Penalties for drivers of special-purpose motorcycles who violate road traffic principles
1. A fine of between VND 400,000 and VND 600,000 shall be imposed on any driver who commits any of the violations below:
a) Failing to follow the directions and instructions conveyed by traffic signs and road markings, except for the violations prescribed at Point a, Point b, Point c, Point dd, Clause 2; Point a, Point d, Point dd, Clause 3;
Clause 4; Point a, Point c, Clause 5; Point a, Point b, Point d, Point dd, Point e, Point i, Clause 6; Point c, Point d, Clause 7; Point a, Point b, Clause 8; Point dd, Clause 9 of this Article;
b) Failing to activate the hazard warning light or failing to place a “Watch For Parked Vehicles” sign as prescribed by the regulations in case of a technical failure (or other unavoidable circumstance) forcing the vehicle to park in a part of the roadway or in a location where parking is not allowed, unless otherwise prescribed at Point b, Clause 6 of this Article.
2. A fine of between VND 600,000 and VND 800,000 shall be imposed on any driver who commits any of the violations below:
a) Standing or parking the vehicle on the roadway in a non-urban road section where a wide shoulder is available; standing or parking the vehicle without positioning it closely to the right-hand edge of the roadway in the direction of traffic, on a road with a narrow shoulder or no shoulder; standing or parking the vehicle against the flow of traffic in the lane; standing or parking the vehicle on a fixed median separating two roadways; standing or parking the vehicle in an undesignated area in sections with designated standing or parking zones; parking the vehicle on a slope without securing the wheels; standing the vehicle in a location marked with a “No Standing and Parking” sign; standing the vehicle in a location marked with a “No Parking” sign or a “No Standing and Parking” sign, except for the violation prescribed at Point b, Clause 6 of this Article;
b) Standing or parking the vehicle at the following locations: on the left side of a one-way road or the left side (in the direction of travel) of a dual carriageway; on a curved section or near the crest of a steep section of a road, where visibility is obstructed; on a bridge (unless the traffic facilitates otherwise), under an overpass (unless standing or parking is otherwise permitted), or parallel to another parked or stopped vehicle; at a road intersection or within 05 meters of the edge of the carriageway at an intersection; at a designated passenger pick-up or drop-off area; in front of or within 05 meters on either side of the entrance to the headquarters of an agency or organization that has a driveway for vehicles; on a section of road where the roadway is only wide enough for a single lane of power-driven vehicles; where the vehicle obscures traffic signs or traffic lights; at a break in the median; within less than 20 meters of a motor vehicle parked facing the opposite direction on a narrow city street, or within less than 40 meters on a one-way road with a single power-driven vehicle lane, except for the violation prescribed at Point b, Clause 6 of this Article;
c) Standing or parking the vehicle on the carriageway in violation of regulations; standing or parking the vehicle on a designated bus lane, over a drain cover, a telephone or high-voltage electrical manhole, or a designated fire hydrant access point, or on a pedestrian crosswalk; leaving the driver's seat and turning off the engine while stopped (except when leaving the driver's seat to open or close the vehicle doors, load or unload goods, or perform vehicle maintenance) or leaving the driver's seat without engaging the parking brake (or other safety measures); opening the vehicle doors or leaving the vehicle doors open in an unsafe manner;
d) Failing to provide a signal to other drivers when moving into or out of a parking or standing location;
dd) Illegally parking or leaving the vehicle on the footpath.
3. A fine of between VND 800,000 and VND 1,000,000 shall be imposed on any driver who commits any of the violations below:
a) Driving at a speed exceeding the prescribed speed by between 05 km/h and less than 10 km/h;
b) Honking the horn, revving the engine continuously; honking the air horn, turning on high beams when encountering pedestrians crossing the road or when driving on a road through a residential area with an active lighting system or when encountering oncoming vehicles (unless otherwise the median has anti-glare capability) or when changing direction at an intersection, unless it is an priority vehicle on duty as prescribed;
c) Failing to use or using insufficient lighting from 6:00 p.m. the previous day to 6:00 a.m. the following day or when there is fog, smoke, dust, rain, or bad weather that limits visibility;
d) Avoiding oncoming vehicles or overtaking in violation of regulations; failing to give way to oncoming vehicles as prescribed in a narrow road, steep road, or an area with obstructions;
dd) Driving a vehicle at a speed below the minimum speed limit on a road section with a prescribed minimum speed limit.
4. A fine of between VND 1,000,000 and VND 2,000,000 shall be imposed on any driver who commits any of the violations below:
a) Driving at a speed exceeding the prescribed speed by between 10 km/h and 20 km/h;
b) Driving the vehicle in a road tunnel without turning on low beams;
c) Failing to comply with regulations on standing and parking the vehicle at a level-crossing; standing and parking the vehicle within the protection zone of railway structures or the railway safety area;
d) Making a U-turn at a level-crossing; making a U-turn on a narrow road, a steep road, or a curved section of a road where visibility is obstructed, a place with a sign prohibiting U-turns for the type of vehicle being driven; making a left turn in a location with a sign prohibiting left turns for the type of vehicle being driven; making a right turn in a location with a sign prohibiting right turns for the type of vehicle being driven;
dd) Making a U-turn on a pedestrian crosswalk, on a bridge, at the end of a bridge, under an overpass, unless directed by the authorized officials directing traffic or conveyed by temporary road signs, or if U-turn locations are designed depending on the traffic in such area;
e) Reversing a vehicle on a one-way road or a road with a “No Entry” sign, in a no-stopping zone, on a pedestrian crosswalk, at a road intersection, at a level-crossing, where visibility is obstructed; or reversing a vehicle without observing both sides and the rear of the vehicle, or without signaling the intention to reverse.
5. A fine of between VND 2,000,000 and VND 3,000,000 shall be imposed on any driver who commits any of the violations below:
a) Reversing a vehicle or making a turn within a road tunnel;
b) Failing to take safety measures as prescribed when a vehicle breaks down at a level-crossing;
c) Standing or parking the vehicle within a tunnel at an unauthorized location; failing to activate the hazard warning light and place a “Watch for Parked Vehicles” sign (or warning lights) at a safe distance behind the vehicle when standing or parking the vehicle within a tunnel due to a mechanical failure or other unavoidable circumstance requiring standing or parking;
d) Driving a vehicle directly involved in a traffic accident but failing to immediately stop the vehicle, preserve the accident scene, or assist the victim, except for the violations prescribed at Point c, Clause 8 of this Article;
dd) Changing direction without giving the right of way to: pedestrians, wheelchairs of disabled persons crossing the road at a crosswalk; rudimentary vehicles traveling on the road section reserved for rudimentary vehicles;
e) Making a turn without giving way to: oncoming vehicles; pedestrians and rudimentary vehicles crossing the road at unmarked crosswalks.
6. A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed on any driver who commits any of the violations below:
a) Driving at a speed exceeding the prescribed speed by more than 20 km/h;
b) Standing or parking the vehicle on a motorway at an unauthorized location; failing to activate the hazard warning light in case of a mechanical failure or other unavoidable circumstance requiring standing or parking in the emergency lane of a motorway; failing to activate the hazard warning light and place a “Watch For Parked Vehicles” sign (or warning lights) at a minimum distance of 150 meters behind the vehicle in case of a mechanical failure or other unavoidable circumstance requiring standing or parking on part of a motorway lane;
c) Driving a vehicle on the road with an alcohol concentration in the blood or breath that does not exceed 50 milligrams/100 milliliters of blood or does not exceed 0.25 milligrams/1 liter of breath;
d) Entering a restricted area or a road with a sign prohibiting entry for the type of vehicle being driven, except for violations prescribed at Point d, Clause 7, Point dd, Clause 9 of this Article, or it is a priority vehicle actively responding to an emergency situation in accordance with the regulations;
dd) Failing to keep to the right in the direction of traffic; driving in the wrong part of the road or lane as prescribed by the regulations (whether in the same direction or opposite direction); driving the vehicle across the fixed median separating two roadways, except for the violations prescribed at Point e, Clause 6, Point d, Clause 7, Point dd, Clause 9 of this Article;
e) Failing to comply with regulations when entering or exiting a motorway; driving in the emergency lane or on the shoulder of a motorway; failing to comply with regulations on safe following distance from the vehicle directly ahead when driving on the motorway;
g) Failing to give way or obstructing priority vehicles on duty emitting priority signals;
h) Changing lanes at an unauthorized location, without prior signal while driving on a motorway, or in violation of the regulation on “changing only to an adjacent lane at a time”;
i) Failing to reduce speed (or stop) and give way when driving from a non-priority road to a priority road, or from a branch road to a main road.
7. A fine of between VND 6,000,000 and VND 8,000,000 shall be imposed on any driver who commits any of the violations below:
a) Driving a vehicle on the road with a blood or breath alcohol concentration exceeding 50 milligrams to 80 milligrams/100 milliliters of blood or exceeding 0.25 milligrams to 0.4 milligrams/1 liter of breath;
b) Failing to obey the directions or instructions given by the authorized officials directing traffic;
c) Failing to follow traffic light rules;
d) Driving a vehicle against the direction of traffic on a one-way road or on a road with a “No Entry” sign, except for the violation prescribed at Point dd, Clause 9 of this Article, unless it is a priority vehicle actively responding to an emergency situation in accordance with the regulations.
8. A fine of between VND 14,000,000 and VND 16,000,000 shall be imposed on any driver who commits any of the violations below:
a) Driving a vehicle without proper observation, or failing to reduce speed or stop the vehicle to ensure safety as prescribed, thereby causing a traffic accident; driving a vehicle at a speed exceeding the prescribed speed limit, thereby causing a traffic accident; improperly standing or parking the vehicle, making a U-turn, reversing the vehicle, avoiding oncoming vehicles, overtaking, making a turn, or changing lanes; opening the vehicle doors or leaving the vehicle doors open in an unsafe manner, thereby causing a traffic accident; failing to travel in the correct lane or maintaining a safe following distance between vehicles as prescribed, thereby causing a traffic accident, or entering a road with a sign prohibiting entry of the type of vehicle being driven, driving a vehicle against the direction of traffic on a one-way road, or driving a vehicle against the direction of traffic on a road with a “No Entry” sign, thereby causing a traffic accident, except for the violation prescribed at Point b, Clause 8 or Point dd, Clause 9 of this Article;
b) Driving a special moped with a design speed lower than the minimum speed limit prescribed for a motorway onto such motorway, unless it is a vehicle or equipment used for management and maintenance of the motorway;
c) Causing a traffic accident but neither immediately stopping the vehicle, nor preserving the scene, nor assisting the victim, nor staying at the scene or nor immediately reporting to the nearest police office or People's Committee;
d) Violating any of the following points and clauses of this Article, thereby causing a traffic accident: Point a, Point b, Clause 1; Point d, Clause 2; Point b, Point c, Point d, Point dd, Clause 3; Point b, Clause 4; Point b, Clause 5; Point e, Point g, Point i, Clause 6; Point b, Point c, Clause 7 of this Article.
9. A fine of between VND 18,000,000 and VND 20,000,000 shall be imposed on any driver who commits any of the violations below:
a) Driving a vehicle on the road with an alcohol concentration in the blood or breath exceeding 80 milligrams/100 milliliters of blood or exceeding 0.4 milligrams/1 liter of breath;
b) Failing to comply with the request for alcohol concentration testing by a person performing official duties;
c) Driving a vehicle on the road while under the influence of illicit drugs or other stimulants prohibited by law;
d) Failing to comply with the request of a person performing official duties to test for drugs or other stimulants prohibited by law;
dd) Reversing a vehicle on the motorway; driving a vehicle against the direction of traffic on the motorway; making a U-turn on the motorway;
e) Violating Point b, Clause 8 of this Article, thereby causing a traffic accident.
Article 9. Penalties for drivers of bicycles, motorized bicycles and other rudimentary vehicles who violate road traffic principles
1. A fine of between VND 100,000 and VND 200,000 shall be imposed on any driver who commits any of the violations below:
a) Failing to keep to the right in the direction of traffic, driving in the wrong part of the road as prescribed by the regulations;
b) Standing the vehicle suddenly; changing direction without providing a prior signal;
c) Failing to follow the directions and instructions conveyed by traffic signs and road markings, except for the violations prescribed at Point dd, Clause 2, Point c, Clause 3 of this Article;
dd) Overtaking on the right where not permitted;
dd) Standing or parking the vehicle on the roadway in a non-urban road section where a shoulder is available;
e) Driving in a road tunnel without turning on lights or other illuminating warning devices; standing or parking the vehicle within a tunnel at an unauthorized location; making a U-turn within a road tunnel;
g) Riding bicycles or motorized bicycles in a side-by-side formation of 03 or more vehicles, or riding other rudimentary vehicles in a side-by-side formation of 02 or more vehicles;
h) A driver of a bicycle or motorized bicycle using an umbrella or an audio device (unless it is hearing aids), or holding and using a phone or other electronic devices while riding it; or transporting any passenger who uses an umbrella while on the bicycle or motorized bicycle;
i) Driving a rudimentary vehicle from 6:00 p.m. the previous day to 6:00 a.m. the following day without using lights or without providing front and rear signals;
k) Illegally parking on the carriageway or footpath; parking on the carriageway, thereby causing traffic obstruction; parking on the bridge, thereby causing traffic obstruction;
l) Failing to comply with regulations on standing and parking the vehicle at a level-crossing;
m) Standing a cart used as a mobile stall on the road, thereby causing traffic obstruction;
n) Failing to reduce speed (or stop) and give way when driving from a non-priority road to a priority road, or from a branch road to a main road;
o) Transporting more persons than the vehicle’s permissible passenger capacity on a bicycle, motorized bicycle, or cyclo, unless they are sick persons being transported to the emergency room;
p) Driving a vehicle on the road with an alcohol concentration in the blood or breath that does not exceed 50 milligrams/100 milliliters of blood or does not exceed 0.25 milligrams/1 liter of breath.
2. A fine of between VND 150,000 and VND 250,000 shall be imposed on any driver who commits any of the violations below:
a) Riding a bicycle or motorized bicycle with both hands off; suddenly changing direction in front of a moving power-driven vehicle; using the feet to steer a bicycle or motorized bicycle;
b) Failing to obey the directions or instructions given by the authorized officials directing traffic;
c) Driving a vehicle or carrying a person on a vehicle but holding onto, towing, or pushing another vehicle or object, carrying bulky items; driving a vehicle towing another vehicle or object;
d) Failing to give way to overtaking vehicles when it is safe to do so, obstructing overtaking power-driven vehicles, or impeding priority vehicles;
dd) Failing to follow traffic light rules.
3. A fine of between VND 300,000 and VND 400,000 shall be imposed on any driver who commits any of the violations below:
a) Driving in a zigzag or swerving manner; chasing each other on the road;
b) Riding a bicycle or motorized bicycle on one wheel; riding a cyclo on two wheels;
c) Entering a prohibited area, a road with a sign prohibiting entry for the type of vehicle being driven; driving a vehicle against the direction of traffic on a one-way road or a road with a “No Entry” sign;
d) Driving a vehicle on the road with a blood or breath alcohol concentration exceeding 50 milligrams to 80 milligrams/100 milliliters of blood or exceeding 0.25 milligrams to 0.4 milligrams/1 liter of breath.
4. A fine of between VND 400,000 and VND 600,000 shall be imposed on any driver who commits any of the violations below:
a) Causing a traffic accident but neither immediately stopping the vehicle, nor preserving the scene, nor assisting the victim, nor staying at the scene or nor immediately reporting to the nearest police office or People's Committee;
b) Driving a vehicle on the road with an alcohol concentration in the blood or breath exceeding 80 milligrams/100 milliliters of blood or exceeding 0.4 milligrams/1 liter of breath;
c) Failing to comply with the request for alcohol concentration testing by a person performing official duties;
d) A driver of a motorized bicycle who is not wearing a “motorcycle or moped helmet”, or wears a “motorcycle or moped helmet” without fastening its strap properly, while driving the vehicle in traffic on the road;
dd) Transporting any person who is not wearing a “motorcycle or moped helmet”, or one who wears a “motorcycle or moped helmet” without fastening its strap properly, on a motorized bicycle, unless he/she is a sick person being transported to the emergency room, a child under 06 years of age, or a law violator being escorted.
5. A fine of between VND 800,000 and VND 1,200,000 shall be imposed on any person driving a vehicle onto a motorway unless this vehicle is used for the management and maintenance of the motorway.
Article 10. Penalties for pedestrians who violate road traffic principles
1. A fine of between VND 150,000 and VND 250,000 shall be imposed on any pedestrian who commits any of the violations below:
a) Failing to walk within the designated part of a road; crossing a median; crossing a road at an unauthorized location; crossing a road without proper hand signals as prescribed by the regulations;
b) Failing to follow the traffic light rules and the directions and instructions conveyed by traffic signs and road markings, except for the violations prescribed at Point a, Clause 2 of this Article;
c) Failing to obey the directions or instructions conveyed by the authorized officials directing traffic.
2. A fine of between VND 400,000 and VND 600,000 shall be imposed on any pedestrian who commits any of the violations below:
a) Walking onto a motorway, unless he/she is involved in the management and maintenance of the motorway;
b) Carrying or shouldering any bulky object that obstructs traffic;
c) Hanging or clinging to a moving vehicle.
Article 11. Penalties for persons who ride or guide livestock, or drive animal-drawn vehicles violating road traffic principles
1. A fine of between VND 150,000 and VND 250,000 shall be imposed on any of the violations below:
a) Failing to give way in accordance with the regulations, failing to providing hand signals when changing direction;
b) Failing to follow the traffic light rules and the directions and instructions conveyed by traffic signs and road markings, except for the violations prescribed in Clause 3 of this Article;
c) Failing to have enough containers for livestock waste or failing to clean up livestock waste on the street or footpath;
d) Allowing livestock to roam on the road in a manner that compromises the safety of persons and vehicles in traffic;
dd) Moving in a side-by-side formation of 02 or more vehicles;
e) Allowing livestock to pull a vehicle without a person in control;
g) Driving a vehicle without signaling in accordance with the regulations.
2. A fine of between VND 400,000 and VND 600,000 shall be imposed on any of the violations below:
a) Failing to obey the directions or instructions given by the authorized officials directing traffic;
b) Guiding livestock alongside a road vehicle while driving or riding on such vehicle;
c) Riding or guiding livestock on the wrong part of the road, entering a road closed to all vehicles, restricted areas, or entering the roadway designated for power-driven vehicles.
3. A fine of between VND 1,000,000 and VND 2,000,000 shall be imposed on any person who rides or guides his/her livestock, or drives the animal-drawn vehicle, onto a motorway.
Article 12. Penalties and deduction of driver's license points for other violations of road traffic principles; use of carriageway and footpaths for other purposes
1. A fine of between VND 100,000 and VND 200,000 shall be imposed on any person who use an umbrella while being carried on a bicycle or motorbike.
2. A fine of between VND 200,000 and VND 250,000 shall be imposed on any individual who commits any of the violations below:
a) Unlawfully gathering in crowds, lying, or sitting on roadways, thereby causing traffic obstruction;
b) Engaging in unauthorized football (soccer), shuttlecock kicking, badminton, or other sports activities on the roadway; utilizing skateboards, roller skates, or similar devices on the roadway;
c) Operating an airborne object, unmanned aircraft, or ultralight aircraft within the road’s clearance limit, thereby obstructing or endangering the safety of persons and vehicles in road traffic, unless it is an unmanned aircraft or ultralight aircraft with a flight permit;
d) Using an umbrella while being transported on a motorcycle, moped, any type of vehicle similar to a motorcycle, or any type of vehicle similar to a moped;
dd) Holding onto, towing, or pushing another vehicle or other objects, or carrying bulky items while being transported on a bicycle or a motorize bicycle;
e) Street vending or selling other small goods on the carriageway or footpath of streets where selling is prohibited; except for violations prescribed in Clause 7 and Clause 9 of this Article;
g) Drying rice, paddy, straw, stubble, agricultural, forestry and aquatic products on the road; placing rice threshing machines on the road.
3. A fine of between VND 250,000 and VND 350,000 or between VND 500,000 and VND 700,000 shall be imposed on an individual or an organization, respectively, that leaves any object obscuring road traffic signs or traffic lights.
4. A fine of between VND 350,000 and VND 400,000 shall be imposed on any person transported in a motor vehicle, who does not fasten his/her seat belt (where a seat belt is equipped) while the vehicle is in motion.
5. A fine of between VND 400,000 and VND 600,000 shall be imposed on any person transported on a moped or a motorcycle, any type of vehicle similar to a motorcycle, or any type of vehicle similar to a moped, committing any of the violations below:
a) Holding onto, towing, or pushing another vehicle or object, guiding livestock, carrying bulky items, standing on the seat or cargo rack, or sitting on handlebars;
b) Failing to wear a “motorcycle or moped helmet”, or wearing a “motorcycle or moped helmet” without fastening its strap properly while driving the vehicle in traffic on the road.
6. A fine of between VND 500,000 and VND 1,000,000 or between VND 1,000,000 and VND 2,000,000 shall be imposed on an individual or an organization, respectively, that commits any of the violations below:
a) Intentionally failing to provide assistance to a victim of a road traffic accident although the conditions allow;
b) Exploiting a road traffic accident to assault, threaten, incite others, exert pressure, cause disorder, or hinder the handling of such road traffic accident;
c) Obstructing persons or vehicles in traffic on the road; throwing bricks, soil, stones, sand or other objects at persons or vehicles in traffic;
d) Occupying the median of a dual carriageway for: displaying and selling goods; storing construction materials; parking, watching, and keeping vehicles.
7. A fine of between VND 2,000,000 and VND 3,000,000 shall be imposed on an individual or between VND 4,000,000 and VND 6,000,000 shall be imposed on an organization, respectively, that illegally uses the carriageway or footpath to hold markets; provide food and beverage services; display and sell goods; repair vehicles, machinery and equipment; wash vehicles; place and hang signs and billboards.
8. A fine of between VND 2,000,000 and VND 4,000,000 or between VND 4,000,000 and VND 8,000,000 shall be imposed on an individual or an organization, respectively, that intentionally alters or obliterates the scene of a traffic accident, except for violations prescribed at Point g, Clause 4, Clause 8, Article 6; Point b, Clause 5, Point c, Clause 9, Article 7; Point d, Clause 5, Point c, Clause 8, Article 8; Point a, Clause 4, Article 9 of this Decree.
9. A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed on an individual or between VND 6,000,000 and VND 10,000,000 shall be imposed on an organization that displays or sells machinery, equipment, materials, or manufactures or processes goods on the carriageway or footpath.
10. A fine of between VND 4,000,000 and VND 6,000,000 or between VND 8,000,000 and VND 12,000,000 shall be imposed on an individual or an organization, respectively, that fails to comply with the request for inspection and control of a person performing official duties to ensure road traffic order and safety, except for violations prescribed at Point b, Point d, Clause 11, Article 6; Point dd, Point g, Clause 9, Article 7; Point b, Point d, Clause 9, Article 8; Point c, Clause 4, Article 9; Point b, Clause 5, Article 34 of this Decree.
11. A fine of between VND 6,000,000 and VND 8,000,000 shall be imposed on any individual who commits any of the violations below:
a) Illegally placing or leaving obstacles or other obstructions on the road; dumping slippery substances on the road; dumping, discharging, or spilling chemicals or waste, thereby endangering traffic safety;
b) Violating the life, health, or property of the victim or the at-fault driver of a traffic accident, or anyone providing assistance, rescue, or transport of the injured persons to the emergency room;
c) Destroying, damaging, or disabling road traffic control and monitoring devices or smart equipment used to support road traffic command and control.
12. A fine of between VND 10,000,000 and VND 15,000,000 shall be imposed on an individual or between VND 20,000,000 and VND 30,000,000 shall be imposed on an organization that temporarily uses the carriageway or footpath for other purposes (where a permit is required by regulations) without a permit or with an expired permit or failing to comply with the permit.
13. A fine of between VND 30,000,000 and VND 32,000,000 or between VND 60,000,000 and VND 64,000,000 shall be imposed on an individual or an organization, respectively, that fails to declare or makes untruthful declarations or provide untrue information or documents in order to evade responsibility when detected committing any violation of law regulations on road traffic order and safety.
14. A fine of between VND 35,000,000 and VND 37,000,000 shall be imposed on any individual who commits any of the violations below:
a) Insulting, threatening, obstructing, or opposing a person performing official duties to ensure road traffic order and safety;
b) Spreading sharp objects on the road.
15. In addition to being fined, an individual who commits any of the violations prescribed in Clause 14 of this Article, if he/she is the driver of a vehicle, shall also be subject to the additional penalty of having his/her right to use the driver's license revoked for a period of between 22 months and 24 months.
16. In addition to being subject to penalties, the individual or organization that commits the violation shall also be subject to the following remedial measures:
a) Forcible demolition of objects obscuring road signs and traffic lights if he/she/it commits any of the violations prescribed in Clause 3 of this Article;
b) Forcible restoration of the original condition that was changed due to the administrative violation if he/she/it commits any of the violations prescribed in Clause 12 of this Article.
17. In addition to being subject to penalties, the individual who is the driver and commits any of the violations prescribed at Point a, Point b, Clause 11 of this Article shall also have his/her driver's license points deducted by 02 points.
Section 2
VIOLATIONS OF REGULATIONS ON VEHICLES IN ROAD TRAFFIC
Article 13. Penalties and deduction of driver's license points for drivers of motor vehicles (including trailers and semi-trailers towed by them), four-wheeled motor-driven vehicles for the transport of persons, four-wheeled motor-driven vehicles for the transport of goods and types of vehicle similar to a motor vehicle who violate the regulations on driving such vehicles in traffic
1. A fine of between VND 200,000 and VND 400,000 shall be imposed on driving a vehicle without a windshield or with a broken or inoperative windshield (if the vehicle is designed with a windshield).
2. A fine of between VND 400,000 and VND 600,000 shall be imposed on any of the violations below:
a) Driving a vehicle that lacks sufficient headlights, license plate lights, brake lights, signal lights, windshield wipers, rearview mirrors, seat belts, escape tools, fire extinguishers, air pressure gauges, or speedometers, or that has such equipment but it is inoperative or does not meet design standards (such equipment is required for such type of vehicle), except for violations prescribed at Point h, Clause 3, Article 20, Point dd, Clause 4, Article 26 of this Decree;
b) Driving a vehicle without a horn or with a horn that is inoperative;
c) Driving a vehicle that lacks mufflers or smoke reduction equipment, or if present, such equipment is inoperative and does not meet environmental emission and noise standards.
3. A fine of between VND 1,000,000 and VND 2,000,000 shall be imposed on any of the violations below:
a) Driving a vehicle with additional lights installed in the front, rear, on the roof, under the chassis, on one or both sides of the vehicle, except for detached fog lights installed in accordance with the regulations;
b) Driving a vehicle with a steering system that does not meet technical safety standards;
c) Driving a vehicle without adequate tires or with tires of the wrong size or those that do not meet technical standards (including the trailer or semi-trailer);
d) Driving a motor vehicle engaged in passenger transport business with its seats or bunk-beds added or removed, or with a luggage compartment (cargo compartment) dimensions that do not match the technical specifications stated in the vehicle's certificate of periodic technical inspection for technical safety and environmental protection.
4. A fine of between VND 2,000,000 and VND 3,000,000 shall be imposed on any of the violations below:
a) Driving a vehicle without a vehicle registration certificate (or a certified copy of a vehicle registration certificate with the original letter of acknowledgment from a credit institution or foreign bank branch in cases where the credit institution or foreign bank branch holds the original vehicle registration certificate) or using a vehicle registration certificate (or a certified copy of a vehicle registration certificate with the original letter of acknowledgment from a credit institution or foreign bank branch in cases where the credit institution or foreign bank branch holds the original vehicle registration certificate) that has been expired or is invalid (including the trailer or semi-trailer);
b) Driving a truck (including the trailer or semi-trailer) with a cargo body dimensions that do not match the technical specifications recorded in the vehicle's certificate of periodic technical inspection for technical safety and environmental protection;
c) Driving a vehicle with badges or similar identification symbols of State authorities, diplomatic missions, and international organizations in Vietnam.
5. A fine of between VND 3,000,000 and VND 4,000,000 shall be imposed on any of the violations below:
a) Driving a vehicle with its certificate or stamp of vehicle periodic technical inspection for technical safety and environmental protection that has been invalid (expired) for less than 01 month (including the trailer or semi-trailer);
b) Driving a vehicle (including the trailer or semi-trailer) that lacks sufficient braking system, or with a sufficient braking system that is inoperative or does not meet technical safety standards;
c) Driving a vehicle engaged in transport business with its useful life ineligible for the registered type of business;
d) Driving a vehicle with a horn installed thereon or using a horn with a volume exceeding the prescribed volume.
6. A fine of between VND 4,000,000 and VND 6,000,000 shall be imposed on any of the violations below:
a) Using a vehicle registration certificate (or a certified copy of a vehicle registration certificate with the original letter of acknowledgment from a credit institution or foreign bank branch in cases where the credit institution or foreign bank branch holds the original vehicle registration certificate), a certificate or stamp of vehicle periodic technical inspection for technical safety and environmental protection that is not issued by a competent authority or has been tampered with; using a vehicle registration certificate (or a certified copy of a vehicle registration certificate with the original letter of acknowledgment from a credit institution or foreign bank branch in cases where the credit institution or foreign bank branch holds the original vehicle registration certificate) on which the chassis number or engine number is not the same as that of the vehicle (including the trailer or semi-trailer);
b) Driving a vehicle without its certificate or stamp of vehicle periodic technical inspection for technical safety and environmental protection (if the periodic technical inspection is required for such type of vehicle, unless it is a temporarily registered vehicle), or with one that has been invalid (expired) for from 01 month or more (including the trailer or semi-trailer).
7. A fine of between VND 10,000,000 and VND 12,000,000 shall be imposed on any of the violations below:
a) Driving a temporarily registered vehicle or a vehicle with limited driving range beyond the permitted range, route, or time limit;
b) Driving a vehicle (including the trailer or semi-trailer) without a license plate (if a license plate is required for such type of vehicle).
8. A fine of between VND 20,000,000 and VND 26,000,000 shall be imposed on any of the violations below:
a) Driving a vehicle (including the trailer or semi-trailer) with a license plate that does not match the vehicle registration certificate or with a license plate that was not issued by a competent authority;
b) Driving a vehicle (including the trailer or semi-trailer) without a complete license plate or with a license plate that was installed in an inappropriate position or does not comply with the prescribed specifications; with a license plate on which the letters or numbers are not clear, or painted or affixed with other materials; with a license plate that is bent, obscured, or on which the letters, numbers or color (of the letters, numbers, and license plate background), shape, or size are changed.
9. The vehicle shall be confiscated if its driver commits any of the violations below:
a) Driving a vehicle with expired useful life, except for the violation prescribed at Point c, Clause 5 of this Article;
b) Driving a vehicle manufactured or assembled in violation of traffic regulations on the road (including any agricultural vehicle suspended from being driven on the road, and the trailer or semi-trailer towed by it).
10. In addition to being fined, a driver who commits the violation shall also be subject to the following additional penalties:
a) Confiscation of the vehicle’s license plate if he/she commits the violation prescribed at Point a, Clause 8 of this Article;
b) Confiscation of the vehicle if he/she commits the violation prescribed at Point a, Clause 4 or Point a, Clause 6 of this Article in the absence of a vehicle registration certificate (or a certified copy of a vehicle registration certificate with the original letter of acknowledgment from a credit institution or foreign bank branch in cases where the credit institution or foreign bank branch holds the original vehicle registration certificate) or using a vehicle registration certificate (or a certified copy of a vehicle registration certificate with the original letter of acknowledgment from a credit institution or foreign bank branch in cases where the credit institution or foreign bank branch holds the original vehicle registration certificate) that is not issued by a competent authority or on which the chassis number or engine number is not the same as that of the vehicle or that is tampered with (including the trailer or semi-trailer) without proving the origin of the vehicle (without any document or certificate of vehicle origin, or a certificate of legal ownership).
11. In addition to being subject to penalties, any driver who commits the violation shall also be subject to the following remedial measures:
a) Forcible installation of all equipment or replacement with equipment that meets technical safety standards or restoration of technical features of the equipment in accordance with the regulations; forcible compliance with regulations on license plates or restoration of the original condition that was changed due to the administrative violation if he/she commits any of the violations prescribed in Clause 1; Clause 2; Point b, Point c, Clause 3; Point b, Clause 4; Point b, Point d, Clause 5; Point b, Clause 8 of this Article;
b) Forcible installation of all equipment or restoration of technical features of the equipment in accordance with the regulations, or removal of equipment additionally installed in violation of the regulations if he/she commits any of the violations prescribed at Point a and Point d, Clause 3 of this Article;
c) Forcible restoration of the original condition that was changed due to the administrative violation if he/she commits the violation prescribed at Point c, Clause 4 of this Article;
d) Forcible surrender of the vehicle registration certificate (or a certified copy of a vehicle registration certificate with the original letter of acknowledgment from a credit institution or foreign bank branch in cases where the credit institution or foreign bank branch holds the original vehicle registration certificate), a certificate or stamp of vehicle periodic technical inspection for technical safety and environmental protection, or a vehicle registration certificate that has been tampered with, if he/she commits the violation prescribed at Point a, Clause 6 of this Article.
12. In addition to being subject to penalties, the driver who commits the violation prescribed at Point a, Clause 6 of this Article shall has his/her vehicle registration certificate (or a certified copy of a vehicle registration certificate with the original letter of acknowledgment from a credit institution or foreign bank branch in cases where the credit institution or foreign bank branch holds the original vehicle registration certificate), which was not issued by a competent authority or on which the chassis number or engine number is not the same as that of the vehicle, or a certificate or stamp of vehicle periodic technical inspection for technical safety and environmental protection, which was not issued by a competent authority, revoked.
13. In addition to being subject to penalties, the driver who commits the violation shall also have his/her driver's license points deducted as follows:
a) Deduction of the driver's license points by 02 points if he/she commits any of the violations prescribed at Point a, Point b, Clause 3; Clause 4; Clause 5; Clause 6; Point a, Clause 7 of this Article;
b) Deduction of the driver's license points by 06 points if he/she commits any of the violations prescribed at Point b, Clause 7; Point b, Clause 8 of this Article;
c) Deduction of the driver's license points by 10 points if he/she commits the violation prescribed at Point a, Clause 8 of this Article.
Article 14. Penalties and deduction of driver's license points for drivers of motorcycles, mopeds, types of vehicle similar to a motorcycle, and types of vehicle similar to a moped who violate the regulations on driving such vehicles in traffic
1. A fine of between VND 400,000 and VND 600,000 shall be imposed on any of the violations below:
a) Driving a vehicle without a horn; license plate light; brake light; or without a rearview mirror on the driver's left side or with inoperative one;
b) Driving a vehicle without signal lights or with those that do not work;
c) Driving a vehicle that lacks low or high beams, or has one that is inoperative or does not meet design standards;
d) Driving a vehicle that lacks a braking system, or has one that is inoperative or does not meet technical standards;
dd) Drive the vehicle with headlights installed facing the rear of the vehicle.
2. A fine of between VND 2,000,000 and VND 3,000,000 shall be imposed on any of the violations below:
a) Driving a vehicle without a vehicle registration certificate (or a certified copy of a vehicle registration certificate with the original letter of acknowledgment from a credit institution or foreign bank branch in cases where the credit institution or foreign bank branch holds the original vehicle registration certificate) or using a vehicle registration certificate (or a certified copy of a vehicle registration certificate with the original letter of acknowledgment from a credit institution or foreign bank branch in cases where the credit institution or foreign bank branch holds the original vehicle registration certificate) that has been expired or is invalid;
b) Using a vehicle registration certificate (or a certified copy of a vehicle registration certificate with the original letter of acknowledgment from a credit institution or foreign bank branch in cases where the credit institution or foreign bank branch holds the original vehicle registration certificate) has been tampered with; using a vehicle registration certificate (or a certified copy of a vehicle registration certificate with the original letter of acknowledgment from a credit institution or foreign bank branch in cases where the credit institution or foreign bank branch holds the original vehicle registration certificate) on which the chassis number or engine number is not the same as that of the vehicle or that was not issued by a competent authority;
c) Driving a temporarily registered vehicle beyond the permitted range, route, or time limit;
d) Driving a vehicle that lacks mufflers or smoke reduction equipment, or if present, such equipment does not meet environmental emission and noise standards;
dd) Using a horn that does not meet technical standards for each type of vehicle.
3. A fine of between VND 4,000,000 and VND 6,000,000 shall be imposed on any of the violations below:
a) Driving a vehicle without a license plate (if a license plate is required for such type of vehicle) or with one that does not match the vehicle registration certificate or is not issued by a competent authority;
b) Driving a vehicle with a license plate that was installed in an inappropriate position or does not comply with the prescribed specifications; with a license plate on which the letters or numbers are not clear, or painted or affixed with other materials; with a license plate that is bent, obscured, or on which the letters, numbers or color (of the letters, numbers, and license plate background), shape, or size are changed.
4. The vehicle shall be confiscated if it is manufactured or assembled in violation of traffic regulations and being driven on the road.
5. In addition to being fined, a driver who commits the violation shall also be subject to the following additional penalties:
a) Confiscation of the vehicle’s license plate if he/she commits the violation prescribed at Point a, Clause 3 of this Article;
b) Confiscation of the vehicle if he/she commits the violation prescribed at Point a, Point b, Clause 2 of this Article in the absence of a vehicle registration certificate (or a certified copy of a vehicle registration certificate with the original letter of acknowledgment from a credit institution or foreign bank branch in cases where the credit institution or foreign bank branch holds the original vehicle registration certificate) or using a vehicle registration certificate (or a certified copy of a vehicle registration certificate with the original letter of acknowledgment from a credit institution or foreign bank branch in cases where the credit institution or foreign bank branch holds the original vehicle registration certificate) that is not issued by a competent authority or on which the chassis number or engine number is not the same as that of the vehicle or that is tampered with, without proving the origin of the vehicle (without any document or certificate of vehicle origin, or a certificate of legal ownership).
6. In addition to being subject to penalties, any driver who commits the violation shall also be subject to the following remedial measures:
a) Forcible replacement with equipment that meets technical safety standards or restoration of technical features of the equipment in accordance with the regulations if he/she commits the violation prescribed at Point dd, Clause 2 of this Article;
b) Forcible surrender of the vehicle registration certificate (or a certified copy of a vehicle registration certificate with the original letter of acknowledgment from a credit institution or foreign bank branch in cases where the credit institution or foreign bank branch holds the original vehicle registration certificate) that has been tampered with, if he/she commits the violation prescribed at Point b, Clause 2 of this Article.
7. In addition to being subject to penalties, the driver who commits the violation prescribed at Point b, Clause 2 of this Article shall has his/her vehicle registration certificate (or a certified copy of a vehicle registration certificate with the original letter of acknowledgment from a credit institution or foreign bank branch in cases where the credit institution or foreign bank branch holds the original vehicle registration certificate), on which the chassis number or engine number is not the same as that of the vehicle or which was not issued by a competent authority, revoked.
8. In addition to being subject to penalties, the driver who commits the violation shall also have his/her driver's license points deducted as follows:
a) Deduction of the driver's license points by 02 points if he/she commits any of the violations prescribed at Point a, Point b, Point c, Clause 2 of this Article;
b) Whoever commits the violation prescribed in Clause 3 of this Article shall have his/her driver's license points deducted by 06 points.
Article 15. Penalties for drivers of rudimentary vehicles who violate the regulations on conditions of the vehicles driven on the road
1. A fine of between VND 100,000 and VND 200,000 shall be imposed on driving a vehicle that lacks a sound-emitting warning device (horn, bell); lacks headlights or front reflectors; or lacks rear signal lights or rear reflectors (if those components are required for such type of vehicle).
2. A fine of between VND 300,000 and VND 400,000 shall be imposed on driving a vehicle without a braking system (part) or with one that is inoperative (if this system (part) is required for such type of vehicle).
Article 16. Penalties for drivers of special motorcycles (including trailers towed by them) who violate the regulations on conditions of the vehicles driven on the road
1. A fine of between VND 800,000 and VND 1,000,000 shall be imposed on any of the violations below:
a) Driving a vehicle without a license plate (if a license plate is required for such type of vehicle);
b) Driving a vehicle without a braking system or with one that does not meet technical standards; driving a vehicle with a steering system that does not meet technical standards;
c) Driving a vehicle with special parts installed in the wrong position; failing to ensure safety when moving;
d) Driving a vehicle that lacks sufficient headlights; lacks mufflers or smoke reduction equipment, or if present, such equipment is inoperative and does not meet environmental emission and noise standards;
dd) Driving a vehicle with its certificate or stamp of vehicle periodic technical inspection for technical safety and environmental protection that has been invalid (expired) for less than 01 month (including the trailer);
e) Driving a vehicle without a complete license plate or with a license plate that was installed in an inappropriate position or does not comply with the prescribed specifications; with a license plate on which the letters or numbers are not clear, or painted or affixed with other materials; with a license plate that is bent, obscured, or on which the letters, numbers or color (of the letters, numbers, and license plate background), shape, or size are changed.
2. A fine of between VND 1,000,000 and VND 2,000,000 shall be imposed on any of the violations below:
a) Driving a vehicle beyond the prescribed range;
b) Driving a vehicle without its certificate or stamp of vehicle periodic technical inspection for technical safety and environmental protection (if the periodic technical inspection is required for such type of vehicle, unless it is a temporarily registered vehicle), or with one that has been invalid (expired) for from 01 month or more (including the trailer);
c) Driving a vehicle (including the trailer) without a vehicle registration certificate (or a certified copy of a vehicle registration certificate with the original letter of acknowledgment from a credit institution or foreign bank branch in cases where the credit institution or foreign bank branch holds the original vehicle registration certificate) or using a vehicle registration certificate (or a certified copy of a vehicle registration certificate with the original letter of acknowledgment from a credit institution or foreign bank branch in cases where the credit institution or foreign bank branch holds the original vehicle registration certificate) that has been expired or is invalid;
d) Driving a vehicle (including the trailer) with a license plate that does not match the vehicle registration certificate or with a license plate that was not issued by a competent authority;
dd) Using a vehicle registration certificate (or a certified copy of a vehicle registration certificate with the original letter of acknowledgment from a credit institution or foreign bank branch in cases where the credit institution or foreign bank branch holds the original vehicle registration certificate), a certificate or stamp of vehicle periodic technical inspection for technical safety and environmental protection that is not issued by a competent authority or has been tampered with; using a vehicle registration certificate (or a certified copy of a vehicle registration certificate with the original letter of acknowledgment from a credit institution or foreign bank branch in cases where the credit institution or foreign bank branch holds the original vehicle registration certificate) on which the chassis number or engine number is not the same as that of the vehicle (including the trailer or semi-trailer).
3. The vehicle shall be confiscated if it is a special motorcycle manufactured, assembled or altered in violation of traffic regulations and being driven on the road.
4. In addition to being fined, the driver who commits the violation shall also be subject to the following additional penalties:
a) Confiscation of the vehicle’s license plate if he/she commits the violation prescribed at Point d, Clause 2 of this Article;
b) Confiscation of the vehicle (including the trailer) if he/she commits the violation prescribed at Point c, Point dd, Clause 2 of this Article in the absence of a vehicle registration certificate (or a certified copy of a vehicle registration certificate with the original letter of acknowledgment from a credit institution or foreign bank branch in cases where the credit institution or foreign bank branch holds the original vehicle registration certificate) or using a vehicle registration certificate (or a certified copy of a vehicle registration certificate with the original letter of acknowledgment from a credit institution or foreign bank branch in cases where the credit institution or foreign bank branch holds the original vehicle registration certificate) that is not issued by a competent authority or on which the chassis number or engine number is not the same as that of the vehicle or that is tampered with, without proving the origin of the vehicle (without any document or certificate of vehicle origin, or a certificate of legal ownership).
5. In addition to being subject to penalties, any driver who commits the violation shall also be subject to the following remedial measures:
a) Forcible installation of all equipment or replacement with equipment that meets technical safety standards or restoration of technical features of the equipment in accordance with the regulations if he/she commits violations prescribed at Point b, Point c, Point d, Clause 1 of this Article;
b) Forcible surrender of the vehicle registration certificate (or a certified copy of a vehicle registration certificate with the original letter of acknowledgment from a credit institution or foreign bank branch in cases where the credit institution or foreign bank branch holds the original vehicle registration certificate), or a certificate or stamp of vehicle periodic technical inspection for technical safety and environmental protection that has been tampered with, if he/she commits the violation prescribed at Point dd, Clause 2 of this Article.
6. In addition to being subject to penalties, the driver who commits the violation prescribed at Point dd, Clause 2 of this Article shall has his/her vehicle registration certificate (or a certified copy of a vehicle registration certificate with the original letter of acknowledgment from a credit institution or foreign bank branch in cases where the credit institution or foreign bank branch holds the original vehicle registration certificate), which was not issued by a competent authority or on which the chassis number or engine number is not the same as that of the vehicle, or a certificate or stamp of vehicle periodic technical inspection for technical safety and environmental protection, which was not issued by a competent authority, revoked.
Article 17. Penalties and deduction of driver's license points for drivers of motor vehicles, tractors and types of vehicle similar to a motor vehicle who violate the regulations on environmental protection when driving such vehicles in traffic
1. A fine of between VND 500,000 and VND 1,000,000 shall be imposed on driving a vehicle that fails to meet urban traffic sanitation requirements.
2. A fine of between VND 2,000,000 and VND 4,000,000 shall be imposed on any of the violations below:
a) Transporting soil, gravels, scrap, or bulk goods without covers or tarpaulins, or with covers or tarpaulins but still allowing spillage; causing goods to spill onto the roadway; transporting goods or waste that allows water to drip onto the roadway, thereby endangering traffic safety;
b) Dragging mud, soil, sand, raw materials, materials or other waste onto the road, thereby endangering traffic safety.
3. A fine of between VND 4,000,000 and VND 6,000,000 shall be imposed on any driver who illegally dumps trash, soil, sand, gravels, materials, or craps within the land reserved for roads along non-urban road sections.
4. A fine of between VND 10,000,000 and VND 15,000,000 shall be imposed on any driver who illegally dump garbage, soil, sand, gravels, materials, or craps on the street.
5. In addition to being subject to penalties, the driver (of a motor vehicle) who commits the violation prescribed in Clause 3, Clause 4 of this Article shall also have his/her driver's license points deducted by 02 points.
Section 3
VIOLATIONS OF REGULATIONS ON DRIVERS OF VEHICLES IN ROAD TRAFFIC
Article 18. Penalties and deduction of driver's license points for violations of regulations on conditions for power-driven vehicle drivers
1. A warning shall be imposed on any person from full 14 years of age to under 16 years of age who drives a motorcycle, a moped, any type of vehicle similar to a motorcycle, or any type of vehicle similar to a moped, a motor vehicle, a four-wheeled motor-driven vehicle for the transport of persons, a four-wheeled motor-driven vehicle for the transport of goods, or any type of vehicle similar to a motor vehicle.
2. A fine of between VND 200,000 and VND 300,000 shall be imposed on any of the violations below:
a) A driver of a motorcycle, a moped, any type of vehicle similar to a motorcycle, or any type of vehicle similar to a moped engaged in transport business, who do not carry a valid certificate of compulsory insurance for vehicle owner’s civil liability;
b) A driver of a motorcycle, a moped, any type of vehicle similar to a motorcycle, or any type of vehicle similar to a moped, who do not have a valid certificate of compulsory insurance for vehicle owner’s civil liability;
c) A driver of a motorcycle, a moped, any type of vehicle similar to a motorcycle or any type of vehicle similar to a moped engaged in transport business forgetting to carry the vehicle registration certificate (or a certified copy of a vehicle registration certificate with the original letter of acknowledgment from a credit institution or foreign bank branch in cases where the credit institution or foreign bank branch holds the original vehicle registration certificate);
d) A driver of a motorcycle or any type of vehicle similar to a motorcycle engaged in transport business, who does not carry his/her driver's license, except for violations prescribed at Point b, Clause 5, Point c, Clause 7 of this Article.
3. A fine of between VND 300,000 and VND 400,000 shall be imposed on any of the violations below:
a) A driver of a motor vehicle, a four-wheeled motor-driven vehicle for the transport of persons, a four-wheeled motor-driven vehicle for the transport of goods, or any type of vehicle similar to a motor vehicle engaged in transport business, who does not carry his/her driver's license, except for the violation prescribed at Point c, Clause 8 of this Article;
b) A driver of a motor vehicle, a four-wheeled motor-driven vehicle for the transport of persons, a four-wheeled motor-driven vehicle for the transport of goods, a trailer-towing or semi-trailer-towing vehicle, or any type of vehicle similar to a motor vehicle engaged in transport business, who does not carry the vehicle registration certificate (or a certified copy of a vehicle registration certificate with the original letter of acknowledgment from a credit institution or foreign bank branch in cases where the credit institution or foreign bank branch holds the original vehicle registration certificate);
c) A driver of a motor vehicle, a four-wheeled motor-driven vehicle for the transport of persons, a four-wheeled motor-driven vehicle for the transport of goods, a trailer or semi-trailer vehicle, or any type of vehicle similar to a motor vehicle engaged in transport business, who does not carry the certificate of vehicle periodic technical inspection for technical safety and environmental protection for the type of vehicle required to be inspected.
4. A fine of between VND 400,000 and VND 600,000 shall be imposed on any of the violations below:
a) A person from full 16 years of age to under 18 years of age driving a motorcycle with a cylinder capacity of 50 cm3 or more or an electric motor power of 04 kW or more;
b) A driver of a motor vehicle, a four-wheeled motor-driven vehicle for the transport of persons, a four-wheeled motor-driven vehicle for the transport of goods, or any type of vehicle similar to a motor vehicle engaged in transport business failing to carry a valid certificate of compulsory insurance for vehicle owner’s civil liability;
c) A driver of a motor vehicle, a four-wheeled motor-driven vehicle for the transport of persons, a four-wheeled motor-driven vehicle for the transport of goods, or any type of vehicle similar to a motor vehicle failing to have a valid certificate of compulsory insurance for vehicle owner’s civil liability.
5. A fine of between VND 2,000,000 and VND 4,000,000 shall be imposed on any driver of a two-wheeled motorcycle with a cylinder capacity of up to 125 cm3 or an electric motor power of up to 11 kW, or any type of vehicle similar to a motorcycle, who commits any of the violations below:
a) Failing to have a driver's license or using a driver's license that has had all points deducted or using a driver's license that was not issued by a competent authority, has been tampered with, or is invalid, or a driver's license that is not suitable for the type of vehicle being driven;
b) Having an international driving permit issued by any contracting party of the 1968 United Nations Convention on Road Traffic (unless it is an international driving permit issued by Vietnam) but not carrying a national driver's license appropriate to the type of vehicle allowed to be driven;
c) Using an invalid driver's license (a driver's license with a template serial number printed on the back that does not match the latest template serial number issued to him/her in the driver's license management information system).
6. A fine of between VND 4,000,000 and VND 6,000,000 shall be imposed on the person from full 16 years of age to under 18 years of age who drives a motor vehicle, a four-wheeled motor-driven vehicle for the transport of persons, a four-wheeled motor-driven vehicle for the transport of goods, or any type of vehicle similar to a motor vehicle.
7. A fine of between VND 6,000,000 and VND 8,000,000 shall be imposed on any driver of a two-wheeled motorcycle with a cylinder capacity of more than 125 cm3 or an electric motor power of more than 11 kW, or a three-wheeled motorcycle, who commits any of the violations below:
a) Having a driver's license but not suitable for the type of vehicle being driven;
b) Failing to have a driver's license or using a driver's license that has had all points deducted, a driver's license that was not issued by a competent authority, has been tampered with, or a driver's license that is invalid;
c) Having an international driving permit issued by any contracting party of the 1968 United Nations Convention on Road Traffic (unless it is an international driving permit issued by Vietnam) but not carrying a national driver's license appropriate to the type of vehicle allowed to be driven;
d) Using an invalid driver's license (a driver's license with a template serial number printed on the back that does not match the latest template serial number issued to him/her in the driver's license management information system).
8. A fine of between VND 8,000,000 and VND 10,000,000 shall be imposed on the driver of a motor vehicle or any type of vehicle similar to a motor vehicle, a four-wheeled motor-driven vehicle for the transport of persons, or a four-wheeled motor-driven vehicle for the transport of goods, who commits any of the violations below:
a) Having a driver's license that has been expired for less than 01 year;
b) Having an international driving permit issued by any contracting party of the 1968 United Nations Convention on Road Traffic (unless it is an international driving permit issued by Vietnam) but not carrying a national driver's license appropriate to the type of vehicle allowed to be driven;
c) Using an invalid driver's license (a driver's license with a template serial number printed on the back that does not match the latest template serial number issued to him/her in the driver's license management information system).
9. A fine of between VND 18,000,000 and VND 20,000,000 shall be imposed on the driver of a motor vehicle or any type of vehicle similar to a motor vehicle, a four-wheeled motor-driven vehicle for the transport of persons, or a four-wheeled motor-driven vehicle for the transport of goods, who commits any of the violations below:
a) Having a driver's license that is not suitable for the type of vehicle being driven or having a driver's license that has been expired for 01 year or more;
b) Failing to have a driver's license, or using a driver's license that has had all points deducted, or using a driver's license that was not issued by a competent authority, has been tampered with, or a driver's license that is invalid.
10. In addition to being subject to penalties, the driver who commits any of the violations prescribed at Point a, Clause 5, Point b, Clause 7 and Point b, Clause 9 of this Article shall be subject to the remedial measure that is forcible surrender of the driver’s license that was tampered with.
11. In addition to being subject to penalties, the driver who commits any of the violations prescribed at Point a, Point c, Clause 5, Point b, Point d, Clause 7; Point c, Clause 8; and Point b, Clause 9 of this Article shall have the driver’s license, which was not issued by a competent authority or is invalid, revoked.
12. In addition to being subject to penalties, the driver who commits any of the violations prescribed at Point c, Clause 5, Point d, Clause 7 and Point c, Clause 8 of this Article shall also have the points of his/her driver's license, which is most recently issued within the driver's license management information system, deducted by 02 points.
Article 19. Penalties for violations of regulations on conditions for drivers of special motorcycles
1. A fine of between VND 400,000 and VND 600,000 shall be imposed on a driver of a special motorcycle without a certificate of compulsory insurance for vehicle owner’s civil liability as prescribed by the law regulations.
2. A fine of between VND 4,000,000 and VND 6,000,000 shall be imposed on a driver of a special motorcycle without a license (or a certificate) for special motorcycle driving, without a driver's license (or using a driver's license that has had all points deducted, a driver's license not issued by a competent authority, a driver's license that has been tampered with, or an invalid driver's license) or without a certificate of training in legal knowledge on road traffic.
Section 4
VIOLATIONS OF REGULATIONS ON ENSURING ROAD TRAFFIC ORDER AND SAFETY FOR MOTOR VEHICLES FOR THE TRANSPOR OF PASSENGERS, GOODS, OVERSIZED AND OVERWEIGHT GOODS, DANGEROUS GOODS, PRESCHOOL CHILDREN AND STUDENTS; FOUR-WHEELED MOTOR-DRIVEN VEHICLES FOR THE TRANSPORT OF PERSONS, FOUR-WHEELED MOTOR-DRIVEN VEHICLES FOR THE TRANSPORT OF GOODS; ROADSIDE RESCUE VEHICLES; VEHICLES FOR THE TRANSPORT OF LIVE ANIMALS AND FRESH FOOD; AMBULANCES
Article 20. Penalties and deduction of driver's license points for drivers of buses, motor vehicles for the transport of persons, and types of vehicle similar to a bus who violate regulations on protection of traffic order and safety
1. A fine of between VND 100,000 and VND 200,000 shall be imposed on the following violation: failing to instruct passengers to stand, lie, or sit in the designated positions within the vehicle.
2. A fine of between VND 400,000 and VND 600,000 per excess passenger shall be imposed on the driver of a bus or a motor vehicle for the transport of persons (unless it is a public transport bus) who commits the violation of transporting more passengers than the vehicle’s permissible passenger capacity, except for the violations prescribed in Clause 4 of this Article, provided that the maximum aggregate fine shall not exceed VND 75,000,000.
3. A fine of between VND 600,000 and VND 800,000 shall be imposed on any of the violations below:
a) Failing to close the door while the vehicle is in motion;
b) Leaving any person in the vehicle when the vehicle is getting off the ferry, on the ferry and when getting on the ferry (unless he/she is the driver, a child, a pregnant woman, an elder person, a sick person or a disabled person);
c) Failing to drive on the designated route, schedule, or transportation itinerary permitted in accordance with the regulations;
d) Allowing any person to hang a hammock on the vehicle while it is in motion;
dd) Arranging and securing luggage and goods in an unsafe manner; dropping luggage and goods from the vehicle onto the road; leaving goods in the passenger compartment;
e) Transporting luggage or goods exceeding the vehicle’s external dimensions;
g) Driving a vehicle for the transport of passengers without service staff on board if such service staff are required for such vehicle;
h) Driving a vehicle engaged in transport business without seat belts at seats or bunk-beds as prescribed (except for intra-provincial buses);
i) Driving a motor vehicle engaged in transport business without providing passengers with instructions on traffic safety and emergency evacuation in case of an incident on the vehicle as prescribed;
k) Driving a vehicle without a route publicly posted, or with one that is different from the route licensed by the competent authority.
4. A fine of between VND 1,000,000 and VND 2,000,000 per excess passenger shall be imposed on the driver of a bus (engaged in fixed-route or contracted passenger transport business) on a route of more than 300 km, who commits the violation of transporting more persons than the vehicle's permissible passenger capacity, provided that the maximum aggregate fine shall not exceed VND 75,000,000.
5. A fine of between VND 1,000,000 and VND 2,000,000 shall be imposed on any of the violations below:
a) Allowing any person to get on or off the vehicle while it is in motion;
b) Loading luggage or goods on the vehicle in a way that causes it to tilt;
c) Picking up or dropping off passengers at an undesignated location on routes with designated pick-up or drop-off locations, or standing the vehicle to pick up or drop off passengers beyond the prescribed time, except for violations prescribed in Clause 8 of this Article;
d) Picking up or dropping off passengers at areas where stopping or parking is prohibited, or at curved section of a road where visibility is obstructed, except for violations prescribed in Clause 8 of this Article;
dd) Driving a contracted vehicle for the transport of passengers under a paper-based written contract without, or failing to carry, a passenger list as prescribed by the regulations; transporting persons whose names are not on the passenger list; or transporting persons who are not the prescribed passengers (if it is a contracted vehicle engaged in passenger transport business transporting preschool children, students, cadres, civil servants, public employees or workers); lacking, or failing to carry, a transport contract; or carrying a transport contract that does not comply with the regulations;
e) Transporting passengers on a fixed route without, or failing to carry, a transport order, or carrying a transport order that does not contain all information or confirmations from the departure bus terminus and the arrival bus terminus as prescribed;
g) Picking up or dropping off passengers at locations other than those stated in the contract, except for violations prescribed in Clause 8 of this Article;
h) Transporting international passengers on a fixed route without having or carrying a transport order, or without a passenger list as prescribed, or carrying persons whose names are not on the passenger list, except for the violation prescribed at Point b, Clause 1, Article 37 of this Decree;
i) Transporting luggage or goods exceeding the vehicle’s designed load capacity;
k) Failing to use a driver identification card to log information as prescribed, or using another driver's identification card to log information, when driving a bus;
l) Driving a motor vehicle for the transport of persons with 08 seats or more (excluding the driver's seat) engaged in passenger transport business without a driver image digital video recorder installed thereon in accordance with the regulations or with a driver image digital video recorder that is inoperative while in traffic in accordance with the regulations, or distorting data from the driver image digital video recorder installed in the motor vehicle;
m) Driving a contracted vehicle for the transport of passengers under an electronic contract without a device to access the contract and the passenger list, or with one that is not provided to the authority upon request, transporting persons whose names are not on the passenger list, or transporting persons who are not the prescribed passengers (if it is a contracted vehicle engaged in passenger transport business transporting preschool children, students, cadres, civil servants, public employees or workers).
6. A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed on any of the violations below:
a) Transporting dangerous goods, toxic goods, flammable or explosive goods, animals, goods with a foul odor, or other goods that affect the health of passengers on the vehicle;
b) Transporting any person on the roof or in the luggage compartment of the vehicle;
c) Threatening, insulting, competing for, or soliciting passengers; threatening or coercing passengers into using services against their intention shall; transferring passengers, dropping off passengers, or engaging in other acts to evade detection of overloaded vehicles or excess of the prescribed passenger capacity;
d) Driving a motor vehicle engaged in transport business in more than the driving hours prescribed in Clause 1, Article 64 of the Law on Road Traffic Order and Safety; failing to comply with regulations on driver’s rest periods;
dd) Driving a vehicle engaged in passenger transport business without a tachograph installed thereon in accordance with the regulations or with a tachograph that does not work as prescribed, or distorting data from the tachograph;
e) Driving an international intermodal passenger vehicle that neither has nor displays a national identification mark.
7. A fine of between VND 5,000,000 and VND 7,000,000 shall be imposed for the violation of driving a passenger vehicle without, or failing to affix, a badge as prescribed by the regulations, or with a badge that has expired, or using a badge not issued by a competent authority.
8. A fine of between VND 10,000,000 and VND 12,000,000 shall be imposed on any driver who picks up or drops off passengers on a motorway.
9. In addition to being subject to penalties, any driver who commits violations prescribed in Clause 7 of this Article shall have his/her badge, which has expired or was not issued by a competent authority, revoked.
10. In addition to being subject to penalties, the driver who commits the violation shall also have his/her driver's license points deducted as follows:
a) Deduction of the driver's license points by 02 points if he/she commits any of the violations prescribed at Point c, Point d, Point e, Clause 3; Point a, Point b, Point c, Point d, Point dd, Point e, Point g, Point h, Point i, Point k, Point m, Clause 5; Clause 6; Clause 7 of this Article;
b) Deduction of the driver's license points by 04 points if he/she commits any of the violations prescribed in Clause 2 and Clause 4 of this Article (if the vehicle carries more passengers than its permissible passenger capacity by between more than 50% and 100%);
c) Deduction of the driver's license points by 06 points if he/she commits any of the violations prescribed in Clause 8 of this Article;
d) Deduction of the driver's license points by 10 points if he/she commits any of the violations prescribed in Clause 2 and Clause 4 of this Article (if the vehicle carries more passengers than its permissible passenger capacity by between more than 100%).
Article 21. Penalties and deduction of driver's license points for drivers of trucks, tractors (including trailers or semi-trailers towed by them) and types of vehicle similar to a motor vehicle for the transport of goods, who violate the regulations on ensuring road traffic order and safety with respect to freight motor vehicles
1. A fine of between VND 600,000 and VND 800,000 shall be imposed on any of the violations below:
a) Driving a vehicle but loading cargo onto the cab roof, or loading cargo on the vehicle in a way that causes it to tilt;
b) Failing to latch or close the rear door or side door of the vehicle while the vehicle is in motion.
2. A fine of between VND 800,000 and VND 1,000,000 shall be imposed on any of the violations below:
a) Driving a vehicle (including the trailer or semi-trailer) carrying goods exceeding the permissible tonnage (cargo weight) recorded in the certificate of vehicle periodic technical inspection for technical safety and environmental protection for the vehicle by between more than 10% and 30% (unless it is a tank truck transporting liquid), or by between more than 20% and 30% if it is a tank truck transporting liquid;
b) Transporting goods on the roof of the cargo body; transporting goods exceeding the width of the cargo body (including the width of the trailer or semi-trailer); transporting goods extending beyond the front or rear of the cargo body (including the trailer or semi-trailer) by more than 1.1 times the vehicle’s overall length as designed and recorded in the certificate of vehicle periodic technical inspection for technical safety and environmental protection;
c) Transporting any person on the roof of the vehicle;
d) Driving a vehicle towing a trailer or semi-trailer whose gross weight (including the weight of the trailer or semi-trailer itself and the weight of the cargo carried) exceeds the weight permitted to be towed as stated in the vehicle's certificate of vehicle periodic technical inspection for technical safety and environmental protection by between more than 10% and 30%;
dd) Driving a vehicle engaged in cargo transport business without, or failing to carry, a paper-based transport document as prescribed or without a device to access software displaying the transport document as prescribed or having such device but not providing it to the authority upon request.
3. A fine of between VND 1,000,000 and VND 2,000,000 shall be imposed on any of the violations below:
a) Failing to use a driver identification card to log information as prescribed, or using another driver's identification card to log information, when driving a vehicle engaged in cargo transport business;
b) Driving a semi-trailer-towing vehicle without a driver image digital video recorder installed thereon in accordance with the regulations or with a driver image digital video recorder that is inoperative while in traffic in accordance with the regulations, or distorting data from the driver image digital video recorder installed thereon.
4. A fine of between VND 2,000,000 and VND 3,000,000 shall be imposed on any driver who transports goods with its load height exceeding the permissible load height for a truck (including the trailer or semi-trailer).
5. A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed on any of the violations below:
a) Driving a vehicle (including the trailer or semi-trailer) carrying goods exceeding the permissible tonnage (cargo weight) recorded in the certificate of vehicle periodic technical inspection for technical safety and environmental protection for the vehicle by between more than 30% and 50%;
b) Driving a motor vehicle engaged in transport business in more than the driving hours prescribed in Clause 1, Article 64 of the Law on Road Traffic Order and Safety; failing to comply with regulations on driver’s rest periods;
c) Driving a motor vehicle engaged in cargo transport business without a tachograph installed thereon in accordance with the regulations or with a tachograph that is inoperative while in traffic in accordance with the regulations, or distorting data from the tachograph installed thereon;
d) Driving a vehicle towing a trailer or semi-trailer whose gross weight (including the weight of the trailer or semi-trailer itself and the weight of the cargo carried) exceeds the weight permitted to be towed as stated in the vehicle's certificate of vehicle periodic technical inspection for technical safety and environmental protection by between more than 30% and 50%.
6. A fine of between VND 5,000,000 and VND 7,000,000 shall be imposed on any of the violations below:
a) Driving a vehicle (including the trailer or semi-trailer) carrying goods exceeding the permissible tonnage (cargo weight) recorded in the certificate of vehicle periodic technical inspection for technical safety and environmental protection for the vehicle by between more than 50% and 100%;
b) Driving a vehicle towing a trailer or semi-trailer whose gross weight (including the weight of the trailer or semi-trailer itself and the weight of the cargo carried) exceeds the weight permitted to be towed as stated in the vehicle's certificate of vehicle periodic technical inspection for technical safety and environmental protection by between more than 50% and 100%;
c) Driving a vehicle without, or failing to affix, a control badge as prescribed (if a badge is required for such type of vehicle) or having one that has expired or using a badge not issued by a competent authority;
d) Failing to drive the vehicle for the transport of goods in urban areas on the designated route, or within the prescribed range and time;
dd) Transporting goods or providing services without a permit (if such permit is required) or having one but failing to comply with it, except for violations prescribed at Point b, Clause 1, Point a, Point c, Point d, Clause 3, Article 22; Clause 5, Article 23; Clause 1, Point b, Clause 3, Article 34 of this Decree.
7. A fine of between VND 7,000,000 and VND 8,000,000 shall be imposed on any of the violations below:
a) Driving a vehicle (including the trailer or semi-trailer) carrying goods exceeding the permissible tonnage (cargo weight) recorded in the certificate of vehicle periodic technical inspection for technical safety and environmental protection for the vehicle by between more than 100% and 150%;
b) Driving a vehicle towing a trailer or semi-trailer whose gross weight (including the weight of the trailer or semi-trailer itself and the weight of the cargo carried) exceeds the weight permitted to be towed as stated in the vehicle's certificate of vehicle periodic technical inspection for technical safety and environmental protection by between more than 100% and 150%.
8. A fine of between VND 8,000,000 and VND 12,000,000 shall be imposed on any of the violations below:
a) Driving a vehicle (including the trailer or semi-trailer) carrying goods exceeding the permissible tonnage (cargo weight) recorded in the certificate of vehicle periodic technical inspection for technical safety and environmental protection for the vehicle by more than 150%;
b) Driving a vehicle towing a trailer or semi-trailer whose gross vehicle weight (including the weight of the trailer or semi-trailer itself and the weight of the goods carried) exceeds the weight permitted to be towed as stated in the vehicle's certificate of vehicle periodic technical inspection for technical safety and environmental protection by more than 150%;
c) Transporting shipping containers, which do not meet the technical standards and regulations applicable to shipping containers, on a vehicle (including the semi-trailer);
d) Transporting shipping containers, of which the roofs are cut off in violation with the regulations, on a vehicle (including the semi-trailer);
dd) Transporting goods on a vehicle that must be secured but is not secured or is secured in a manner that does not meet safety regulations, except for violations prescribed in Clause 10 of this Article.
9. A fine of between VND 10,000,000 and VND 12,000,000 shall be imposed on any driver who loads or unloads goods on a motorway.
10. A fine of between VND 18,000,000 and VND 22,000,000 shall be imposed on any of the violations below:
a) Transporting goods that are means of transport, machinery, technical equipment, and cylindrical goods but failing to tie them or tying them in violation of regulations (except for transporting large-sized (oversized) machinery on special vehicles, which requires a road transport permit);
b) Transporting shipping containers on the vehicle (including the semi-trailer) without using container locking mechanisms to secure the container to the vehicle, or using locking mechanisms but the container still shifts during transport.
11. A fine of between VND 30,000,000 and VND 35,000,000 shall be imposed on any of the violations prescribed in Clause 1, Point dd, Clause 8, Clause 10 of this Article, which causes a traffic accident.
12. In addition to being subject to penalties, any driver who commits violations prescribed at Point c, Clause 6 of this Article shall have his/her badge, which has expired or was not issued by a competent authority, revoked.
13. In addition to being subject to penalties, the driver who commits the violation shall also have his/her driver's license points deducted as follows:
a) Deduction of the driver's license points by 02 points if he/she commits any of the violations prescribed at Point b, Point c, Point dd, Clause 2; Point a, Clause 3; Clause 4; Clause 5; Point c, Point d, Point dd, Clause 6 of this Article (while driving a motor vehicle);
b) Deduction of the driver's license points by 04 points if he/she commits any of the violations prescribed at Point a, Point b, Clause 6; Point c, Point d, Point dd, Clause 8; Clause 10 of this Article;
c) Deduction of the driver's license points by 06 points if he/she commits any of the violations prescribed in Clause 9 of this Article;
d) Deduction of the driver's license points by 08 points if he/she commits any of the violations prescribed in Clause 7 of this Article;
dd) Deduction of the driver's license points by 10 points if he/she commits any of the violations prescribed at Point a, Point b, Clause 8; Clause 11 of this Article.
Article 22. Penalties and deduction of driver's license points for drivers who violate regulations on transport of oversized and overweight goods
1. A fine of between VND 2,000,000 and VND 3,000,000 shall be imposed on any of the violations below:
a) Transporting oversized and overweight goods without displaying cargo dimension warning signs as prescribed by the regulations;
b) Failing to comply with the transport permit, except for committing any of the violations prescribed in Clause 2; Point b, Point c, Point d, Clause 3 of this Article.
2. A fine of between VND 8,000,000 and VND 10,000,000 shall be imposed on transporting oversized and overweight goods with a valid transport permit but the vehicle's outer dimensions (after the goods are loaded onto it) exceed those prescribed in the transport permit.
3. A fine of between VND 13,000,000 and VND 15,000,000 shall be imposed on any of the violations below:
a) Transporting oversized and overweight goods without a transport permit or with a transport permit that has expired or using a transport permit not issued by a competent authority;
b) Transporting oversized and overweight goods with a valid transport permit but the gross weight (after the goods are loaded onto the vehicle) exceeds that prescribed in the transport permit;
c) Transporting oversized and overweight goods with a valid transport permit but not on the designated route prescribed in the transport permit;
d) Transporting oversized and overweight goods with a valid transport permit but transporting goods that are not the type prescribed in the transport permit.
4. In addition to being subject to penalties, the person who commits any of the violations prescribed in Clause 1, Clause 2, Clause 3 of this Article, thereby causing damage to a bridge or a road, shall also be subject to the remedial measure that is forcible restoration of the original condition that was changed due to the administrative violation.
5. In addition to being subject to penalties, a person who commits a violation prescribed at Point a, Clause 3 of this Article shall have his/her transport permit, which has expired or was not issued by a competent authority, revoked.
6. In addition to being subject to penalties, the driver who commits the violation shall also have his/her driver's license points deducted as follows:
a) Deduction of the driver's license points by 02 points if he/she commits any of the violations prescribed in Clause 1 of this Article;
b) Deduction of the driver's license points by 04 points if he/she commits any of the violations prescribed in Clause 2, Clause 3 of this Article.
Article 23. Penalties and deduction of driver's license points for drivers who violate regulations on transport of dangerous goods
1. A fine of between VND 1,000,000 and VND 2,000,000 shall be imposed for transporting dangerous goods without cleaning or removing (erasing) the dangerous goods placards on the vehicle when no longer transporting such goods.
2. A fine of between VND 2,000,000 and VND 3,000,000 shall be imposed for transporting dangerous goods without carrying the dangerous goods transport documents provided by the transport hirer as prescribed by the regulations, and a certificate of completion of the dangerous goods safety training program appropriate to the type and class of dangerous goods being transported (if any).
3. A fine of between VND 4,000,000 and VND 6,000,000 shall be imposed on transporting dangerous goods without a label or logo identifying dangerous goods on the motor vehicle; failing to equip the motor vehicle with lights or warning signals as prescribed by the regulations.
4. A fine of between VND 6,000,000 and VND 8,000,000 shall be imposed on transporting dangerous goods such as explosives, gas, gasoline, oil and other flammable, explosive materials, and desensitized solids through a tunnel with a length of 100 meters or more.
5. A fine of between VND 12,000,000 and VND 14,000,000 shall be imposed for transporting dangerous goods without a permit to transport dangerous goods or with an expired permit or failing to comply with the permit to transport dangerous goods, except for the violation prescribed at Point a, Clause 6, Article 20 of this Decree.
6. In addition to being subject to penalties, the person who commits any of the violations prescribed in Clause 4, Clause 5 of this Article, thereby causing environmental pollution, shall also be compelled to undertake actions to rectify the environmental pollution resulting from the administrative violation.
7. In addition to being subject to penalties, the driver who commits the violation shall also have his/her driver's license points deducted as follows:
a) Deduction of the driver's license points by 02 points if he/she commits any of the violations prescribed in Clause 3, Clause 4 of this Article;
b) Whoever commits the violation prescribed in Clause 5 of this Article shall have his/her driver's license points deducted by 04 points.
Article 24. Penalties and deduction of driver's license points for drivers who violate regulations on transport of live animals and fresh food
1. A fine of between VND 1,000,000 and VND 2,000,000 shall be imposed on transporting live animals and fresh food without carrying all documents as prescribed by the regulations (if such documents are required for the transport of live animals and fresh food).
2. A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed on transporting fresh food without complying with regulations on food safety, hygiene and epidemiology, disease prevention and environmental sanitation as prescribed by the regulations.
3. In addition to being subject to penalties, the driver who commits the violation prescribed in Clause 2 of this Article shall also have his/her driver's license points deducted by 02 points.
Article 25. Penalties and deduction of driver's license points for drivers of environmental sanitation vehicles and waste transport vehicles who violate regulations on transport in urban areas
1. A fine of between VND 2,000,000 and VND 3,000,000 shall be imposed on failing to drive on the designated route, range, or time.
2. In addition to being subject to penalties, the driver who commits the violation prescribed in Clause 1 of this Article shall also have his/her driver's license points deducted by 02 points.
Article 26. Penalties for violations of regulations on road traffic order and safety in road transport and supporting road transport services
1. A fine of between VND 500,000 and VND 1,000,000 or between VND 1,000,000 and VND 2,000,000 shall be imposed on an individual or an organization, respectively, that commits any of the violations below:
a) Loading goods onto each motor vehicle (including the trailer or semi-trailer) exceeding the permissible tonnage (cargo weight) recorded in the certificate of vehicle periodic technical inspection for technical safety and environmental protection for the vehicle by between more than 10% and 50% (unless it is a tank truck transporting liquid) or between more than 20% and 50% if it is a tank truck transporting liquid;
b) Loading goods onto a vehicle without signing the transport document to confirm such loading in accordance with the regulations.
2. A fine of between VND 1,000,000 and VND 2,000,000 or between VND 2,000,000 and VND 4,000,000 shall be imposed on an individual or an organization, respectively, that provides transport services or supporting transport services committing any of the violations below:
a) Failing to number seats and bunk-beds on motor vehicles engaged in passenger transport business in accordance with the regulations;
b) Using motor vehicles engaged in passenger transport business to transport passengers on fixed routes, or commercial buses without priority seats for the disabled, the elderly and pregnant women as prescribed;
c) Using motor vehicles engaged in passenger transport business without providing passengers with instructions on traffic safety and emergency evacuation in case of an incident on the vehicle as prescribed;
d) Failing to arrange for an escort on a vehicle transporting dangerous goods in cases where an escort is required;
dd) Failing to issue a transport order or transport document to the driver or issuing a transport order or transport document in violation of the regulations (if a transport order or transport document is required for such type of vehicle);
e) Using a vehicle to transport dangerous goods without cleaning or removing (erasing) the dangerous goods placards on the vehicle when no longer transporting such goods.
3. A fine of between VND 2,000,000 and VND 3,000,000 or between VND 4,000,000 and VND 6,000,000 shall be imposed on an individual or an organization, respectively, that commits the violation of loading goods onto each vehicle (including the trailer or semi-trailer) exceeding the permissible tonnage (cargo weight) recorded in the certificate of vehicle periodic technical inspection for technical safety and environmental protection for the vehicle by between more than 50% and 100%.
4. A fine of between VND 3,000,000 and VND 4,000,000 or between VND 6,000,000 and VND 8,000,000 shall be imposed on an individual or an organization, respectively, that provides transport services or supporting transport services committing any of the violations below:
a) Failing to issue driver identification cards to drivers in accordance with the regulations;
b) Employing a driver and service staff on a motor vehicle engaged in transport business without being trained or instructed in passenger transport and traffic safety as prescribed by the regulations (if a driver and service staff trained or instructed in professional skills are required for such type of transport business), except for violations prescribed at Point c and Point d of this Clause;
c) Employing a driver and a manager on a motor vehicle engaged in transport business without being instructed on safety procedures for transporting preschool children and students;
d) Employing a driver or an escort for the transport of dangerous goods without their having undergone dangerous goods transport training;
dd) Using motor vehicles engaged in passenger transport business without seat belts at seats and bunk-beds as prescribed (except for intra-provincial buses);
e) Using a motor vehicle engaged in transport business to transport preschool children or primary school students, or a motor vehicle engaged in passenger transport business combining transport services with pick-up and drop-off of preschool children or primary school students without age-appropriate seat belts or seats as prescribed;
g) Failing to post information on the vehicle in accordance with the regulations or posting untrue or incomplete required information.
5. A fine of between VND 4,000,000 and VND 5,000,000 or between VND 8,000,000 and VND 10,000,000 shall be imposed on an individual or an organization, respectively, that loads goods onto each vehicle (including the trailer or semi-trailer) exceeding the permissible tonnage (cargo weight) recorded in the certificate of vehicle periodic technical inspection for technical safety and environmental protection for the vehicle by more than 100%.
6. A fine of between VND 4,000,000 and VND 6,000,000 or between VND 8,000,000 and VND 12,000,000 shall be imposed on an individual or an organization, respectively, that provides transport services committing any of the violations below:
a) Using a vehicle to transport live animals that does not have a structure suitable for the type of animal being transported in accordance with the regulations;
b) Using a motor vehicle engaged in transport business to transport preschool children or primary school students, or a motor vehicle engaged in passenger transport business combining transport services with pick-up and drop-off of preschool children or primary school students without a device for recording images of preschool children or students or without a device with functions to warn and prevent children from being left behind on the vehicle or without both the device for recording images of preschool children or students and the device with functions to warn and prevent children from being left behind on the vehicle;
c) Using a motor vehicle engaged in transport business to transport preschool children or students without the paint color as prescribed;
d) Using a motor vehicle engaged in transport business to transport preschool children or students, or a motor vehicle engaged in passenger transport business combining transport services with pick-up and drop-off of preschool children or students without any sign or marking identifying it as a motor vehicle transporting preschool children or students as prescribed by the regulations.
7. A fine of between VND 5,000,000 and VND 6,000,000 or between VND 10,000,000 and VND 12,000,000 shall be imposed on an individual or an organization, respectively, that provides transport services or supporting transport services committing any of the violations below:
a) Failing to provide, update, transmit, store, and manage information and data from tachographs as prescribed;
b) Failing to comply with the information posted on the vehicle as prescribed;
c) Using a vehicle engaged in transport business without a tachograph installed thereon (if installation of tachographs on the commercial vehicles is required for such type of transport business) or with a tachograph that neither works or meets the prescribed standards, or distorting data from the tachograph installed thereon;
d) Using a shuttle bus to transport passengers in violation of regulations;
dd) Employing drivers without sufficient years of experience as prescribed to operate double-decker sleeper buses or motor vehicles transporting preschool children or students;
e) Using Driving a contracted vehicle for the transport of passengers under a contract without carrying on the vehicle such contract, the passenger list, a device to access the electronic contract and passenger list as prescribed, or with the transport contract, passenger list, or device that does not meet the requirements as prescribed by the regulations, transporting persons whose names are not on the passenger list or transporting the wrong subjects as prescribed (for vehicles for passenger transport business under a contract to transport preschool children, students, cadres, civil servants, public employees, workers);
g) Using a motor vehicle engaged in transport business without a driver image digital video recorder installed thereon in accordance with the regulations (if a driver image digital video recorder is required for such type of vehicle) or with a driver image digital video recorder that neither records nor stores images inside the vehicle while in traffic in accordance with the regulations, or distorting data from the driver image digital video recorder installed in the motor vehicle;
h) Failing to disclose, update, transmit, store, and manage information and data collected from driver image digital video recorders installed on motor vehicles in accordance with the regulations;
i) Using a vehicle engaged in transport business with its useful life ineligible for the registered type of business.
8. A fine of between VND 10,000,000 and VND 12,000,000 or between VND 20,000,000 and VND 24,000,000 shall be imposed on an individual or an organization, respectively, that provides transport services or supporting transport services committing any of the violations below:
a) Failing to organize periodic health check-ups for drivers in accordance with the regulations or organizing check-ups without fully covering the prescribed aspects;
b) Violating the regulations on business and conditions for transport business engaging motor vehicles, thereby causing a traffic accident with severe consequences or greater;
c) Using a motor vehicle engaged in transport business to pick up or drop off passengers; load or unload goods on a motorway.
9. A fine of between VND 20,000,000 and VND 40,000,000 shall be imposed on a manufacturer, assembler or importer of tachographs, or a provider of services related to vehicle tracking or driver image recording that commits any of the violations below:
a) The manufacturer, assembler or importer of tachographs fails to have personnel for each job position as prescribed;
b) The manufacturer, assembler or importer of tachographs fails to report on software updates and changes to their tachographs as prescribed by the regulations.
10. A fine of between VND 40,000,000 and VND 60,000,000 shall be imposed on a manufacturer, assembler or importer of driver image digital video recorders, or a provider of services related to vehicle tracking or driver image recording that commits any of the violations below:
a) Distorting information and data of tachographs;
b) Falsifying information and data of the driver image digital recorder installed on the motor vehicle.
11. A fine of between VND 40,000,000 and VND 50,000,000 or between VND 80,000,000 and VND 100,000,000 shall be imposed on an individual or an organization, respectively, that provides transport services or supporting transport services repeatedly committing any of the violations prescribed at Point a, Point h, Clause 7 of this Article.
12. In addition to being fined, an individual or an organization that commits any of the violations prescribed at Point c, Clause 2; Point a, Point b, Point dd, Point g, Clause 4; Point b, Point c, Point d, Point dd, Point e, Point g, Clause 7; Point c, Clause 8 of this Article shall also be subject to additional penalties of having their badges revoked for 01 to 03 months (if any or already granted) for the violating vehicle.
13. In addition to being subject to penalties, the individual or organization that commits the violation shall also be subject to the following remedial measures:
a) Forcible issuance of driver identification cards to drivers in accordance with the regulations if he/she/it commits the violation prescribed at Point a, Clause 4 of this Article;
b) Forcible organization of training, guidance on professional skills, procedures or organization of periodic health check-ups for drivers and service staff on vehicles in accordance with the regulations if he/she/it commits any of the violations prescribed at Point b, Point c, Point d, Clause 4; Point a, Clause 8 of this Article;
c) Forcible installation of the tachograph or driver image digital recorder, seat belts, and seats for preschool children and primary school students in the vehicle in accordance with the regulations if he/she/it commits any of the violations prescribed at Point dd, Point e, Clause 4; Point c, Point g, Clause 7 of this Article;
d) Forcible disclosure, updating, transmission, storage, and management of information and data from tachographs and driver image digital video recorders installed on motor vehicles in accordance with the regulations if he/she/it commits any of the violations prescribed at Point a, Point h, Clause 7; Clause 11 of this Article;
dd) Forcible compliance with regulations on the paint color and identification signs or markings of the vehicle if he/she/it commits any of the violations prescribed at Point c and Point d, Clause 6 of this Article.
14. In addition to being subject to penalties, the driver who commits the violation shall also have his/her driver's license points deducted as follows:
a) Deduction of the driver's license points by 02 points in cases where the individual engaged in transport business drives the vehicle by him/herself to commit any of the violations prescribed at Point dd, Clause 2; Point b, Point c, Point d, Clause 6; Point b, Point c, Point e, Point i, Clause 7 of this Article;
b) Deduction of the driver's license points by 06 points in cases where the individual engaged in transport business drives the vehicle by him/herself to commit the violation prescribed at Point c, Clause 8 of this Article.
Article 27. Penalties and deduction of driver's license points for drivers of vehicles engaged in transport business transporting preschool children or students, and vehicles engaged in transport business combining transport services with pick-up and drop-off of preschool children or students
1. A fine of between VND 1,000,000 and VND 2,000,000 shall be imposed on any driver of a motor vehicle engaged in transport business transporting preschool children or students, or a motor vehicle engaged in transport business combining transport services with pick-up and drop-off of preschool children or students, who commits any of the violations below:
a) Failing to instruct preschool children and students to sit in their designated seats within the vehicle;
b) Driving a motor vehicle engaged in transport business transporting preschool children or primary school students, or a motor vehicle engaged in transport business combining transport services with pick-up and drop-off of preschool children or primary school students without age-appropriate seat belts or seats as prescribed;
c) Driving a vehicle without a driver image digital video recorder installed thereon in accordance with the regulations or with a driver image digital video recorder that is inoperative while in traffic in accordance with the regulations, or distorting data from the driver image digital video recorder installed thereon.
2. A fine of between VND 2,000,000 and VND 3,000,000 shall be imposed on driving a motor vehicle engaged in transport business transporting preschool children or primary school students, or a motor vehicle engaged in transport business combining transport services with pick-up and drop-off of preschool children or primary school students without or with an insufficient number of attendants on each motor vehicle prescribed in Clause 3, Article 46 of the Law on Road Traffic Order and Safety.
3. A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed on any driver of a motor vehicle engaged in transport business transporting preschool children or students, or a motor vehicle engaged in transport business combining transport services with pick-up and drop-off of preschool children or students, who commits any of the violations below:
a) Driving a vehicle without a tachograph installed thereon in accordance with the regulations or with a tachograph that is inoperative while in traffic in accordance with the regulations, or distorting data from the tachograph installed thereon;
b) Driving a vehicle without a device for recording images of preschool children or students or without a device with functions to warn and prevent children from being left behind on the vehicle or without both the device for recording images of preschool children or students and the device with functions to warn and prevent children from being left behind on the vehicle;
c) Driving a motor vehicle engaged in transport business transporting preschool children or students without the paint color as prescribed;
d) Driving a motor vehicle engaged in transport business transporting preschool children or students, or a motor vehicle engaged in transport business combining transport services with pick-up and drop-off of preschool children or students without any sign or marking identifying it as a motor vehicle transporting preschool children or students as prescribed by the regulations.
4. In addition to being subject to penalties, the driver who commits any of the violations prescribed in Clause 2 and Clause 3 of this Article shall also have his/her driver's license points deducted by 02 points.
Article 28. Penalties and deduction of driver's license points for drivers of four-wheeled motor-driven vehicles for the transport of persons and four-wheeled motor-driven vehicles for the transport of goods
1. A fine of between VND 1,000,000 and VND 2,000,000 shall be imposed on transporting more passengers than the vehicle’s permissible passenger capacity.
2. A fine of between VND 2,000,000 and VND 3,000,000 shall be imposed on driving a four-wheeled motor-driven vehicle for the transport of persons or a four-wheeled motor-driven vehicle for the transport of goods engaged in transport business without, or failing to affix, a badge as prescribed by the regulations or with an expired badge or using a badge not issued by a competent authority.
3. A fine of between VND 8,000,000 and VND 12,000,000 shall be imposed on driving a vehicle outside its permissible route, schedule, operating hours, or designated area in accordance with the regulations, except for the violation prescribed at Point b, Clause 7, Article 6 of this Decree.
4. In addition to being subject to penalties, the driver who commits the violation shall also have his/her driver's license points deducted as follows:
a) Deduction of the driver's license points by 02 points if he/she commits any of the violations prescribed in Clause 2 of this Article;
b) Whoever commits the violation prescribed in Clause 3 of this Article shall have his/her driver's license points deducted by 06 points.
Article 29. Penalties and deduction of driver's license points for drivers of roadside rescue vehicles
1. A fine of between VND 1,000,000 and VND 2,000,000 shall be imposed on driving a roadside rescue vehicle without a driver image digital video recorder installed thereon in accordance with the regulations or with a driver image digital video recorder that is inoperative while in traffic in accordance with the regulations, or distorting data from the driver image digital video recorder installed thereon.
2. A fine of between VND 2,000,000 and VND 3,000,000 shall be imposed on the violation of driving a roadside traffic rescue vehicle without special tools and equipment for rescue or rescue assistance as prescribed by the regulations.
3. A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed on driving a roadside rescue vehicle without a tachograph installed thereon in accordance with the regulations or with a tachograph that is inoperative while in traffic in accordance with the regulations, or distorting data from the tachograph installed thereon.
4. In addition to being subject to penalties, the driver who commits the violation prescribed in Clause 3 of this Article shall also have his/her driver's license points deducted by 02 points.
Article 30. Penalties and deduction of driver's license points for drivers of ambulances
1. A fine of between VND 1,000,000 and VND 2,000,000 shall be imposed on driving an ambulance without a driver image digital video recorder installed thereon in accordance with the regulations or with a driver image digital video recorder that is inoperative while in traffic in accordance with the regulations, or distorting data from the driver image digital video recorder installed thereon.
2. A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed on driving an ambulance without a tachograph installed thereon in accordance with the regulations or with a tachograph that is inoperative while in traffic in accordance with the regulations, or distorting data from the tachograph installed thereon.
3. In addition to being subject to penalties, the driver who commits the violation prescribed in Clause 2 of this Article shall also have his/her driver's license points deducted by 02 points.
Section 5
OTHER VIOLATIONS RELATED TO ROAD TRAFFIC ORDER AND SAFETY
Article 31. Penalties for illegal production and assembly of power-driven road vehicles; illegal production, purchase and sale of license plates
1. A fine of between VND 10,000,000 and VND 12,000,000 or between VND 20,000,000 and VND 24,000,000 shall be imposed on an individual or an organization, respectively, that buys or sells license plates that are neither produced nor permitted by competent State authorities.
2. A fine of between VND 40,000,000 and VND 50,000,000 or between VND 80,000,000 and VND 100,000,000 shall be imposed on an individual or an organization, respectively, that illegally produces license plates or illegally manufactures or assembles power-driven road vehicles.
3. In addition to being fined, an individual or organization that commits any of the violations prescribed in Clause 1 and Clause 2 of this Article shall be subject to the additional penalty of confiscation of the license plate or vehicle that is illegally manufactured or assembled.
4. In addition to being subject to penalties, an individual or organization that commits any of the violations prescribed in Clause 1 and Clause 2 of this Article shall also be subject to remedial measure that is forcible payment of illicit profits earned by committing administrative violations.
Article 32. Penalties and deduction of driver's license points for vehicle owners who violate regulations related to road traffic
1. A fine of between VND 200,000 and VND 300,000 or between VND 400,000 and VND 600,000 shall be imposed on an individual or an organization, respectively, that is an owner of a moped or a motorcycle, any type of vehicle similar to a motorcycle or any type of vehicle similar to a moped, committing any of the violations below:
a) Changing, in an unauthorized manner, the vehicle’s brand or paint color to one different from that prescribed in the vehicle registration certificate;
b) Getting a vehicle on the road, without a certificate of motorcycle or moped emission inspection or with one that has been expired, or using a certificate of motorcycle or moped emission inspection that was not issued by a competent authority.
2. A fine of between VND 300,000 and VND 400,000 or between VND 600,000 and VND 800,000 shall be imposed on an individual or an organization, respectively, that is an owner of an car, a four-wheeled motor-driven vehicle for the transport of persons, a four-wheeled motor-driven vehicle for the transport of goods, a special-purpose motorcycle or any type of vehicle similar to a car committing any of the violations below:
a) Installing windshields or vehicle windows that are not made of safety glass;
b) Failing to declare any alteration to the vehicle in advance to the registration authority in accordance with the regulations (if the declaration is required for such type of vehicle).
3. A fine of between VND 800,000 and VND 1,000,000 or between VND 1,600,000 and VND 2,000,000 shall be imposed on an individual or an organization, respectively, that is an owner of a moped or a motorcycle, any type of vehicle similar to a motorcycle or any type of vehicle similar to a moped, committing any of the violations below:
a) Failing to proceed with procedures to obtain a new vehicle registration certificate and license plate in accordance with the regulations in cases where the vehicle owner is changed;
b) Failing to proceed with procedures to exchange the vehicle registration certificate and license plate in accordance with the regulations;
c) Installing or using in-vehicle audio and lighting devices that endanger road traffic order and safety.
4. A fine of between VND 800,000 and VND 1,000,000 or between VND 1,600,000 and VND 2,000,000 shall be imposed on an individual or an organization, respectively, that is an owner of a moped or a motorcycle, any type of vehicle similar to a motorcycle or any type of vehicle similar to a moped, who fails to comply with the regulations on license plates, except for the violations prescribed at Point g, Point h, Clause 8 of this Article.
5. A fine of between VND 800,000 and VND 1,200,000 per excess passenger more than the vehicle’s permissible passenger capacity, provided that the maximum aggregate fine shall not exceed VND 75,000,000, shall be imposed on the vehicle owner who is an individual, or between VND 1,600,000 and VND 2,400,000 per excess passenger more than the vehicle’s permissible passenger capacity, provided that the maximum aggregate fine shall not exceed VND 150,000,000, shall be imposed on the vehicle owner that is an organization handing over the vehicle or allowing its employee or representative to drive the vehicle to commit any of the violations prescribed in Clause 2, Article 20 of this Decree or directly driving the vehicle to commit any of the violations prescribed in Clause 2, Article 20 of this Decree.
6. A fine of between VND 2,000,000 and VND 4,000,000 per excess passenger more than the vehicle’s permissible passenger capacity, provided that the maximum aggregate fine shall not exceed VND 75,000,000, shall be imposed on the vehicle owner who is an individual, or between VND 4,000,000 and VND 8,000,000 per excess passenger more than the vehicle’s permissible passenger capacity, provided that the maximum aggregate fine shall not exceed VND 150,000,000, shall be imposed on the vehicle owner that is an organization handing over the vehicle or allowing its employee or representative to drive the vehicle to commit any of the violations prescribed in Clause 4, Article 20 of this Decree or directly driving the vehicle to commit any of the violations prescribed in Clause 4, Article 20 of this Decree.
7. A fine of between VND 4,000,000 and VND 6,000,000 or between VND 8,000,000 and VND 12,000,000 shall be imposed on an individual or an organization, respectively, that is an owner of a car (including the trailer or semi-trailer), a four-wheeled motor-driven vehicle for the transport of persons, a four-wheeled motor-driven vehicle for the transport of goods, a special-purpose motorcycle or any type of vehicle similar to a car committing any of the violations below:
a) Tampering with, altering or forging the vehicle registration dossier but not to the extent of criminal prosecution, which is not serious enough to warrant criminal prosecution;
b) Failing to implement the procedures for revoking the vehicle registration certificate; the license plate; or the certificate of vehicle periodic technical inspection for technical safety and environmental protection in accordance with the regulations;
c) Failing to proceed with procedures to exchange the vehicle registration certificate and license plate in accordance with the regulations;
d) Making untruthful declarations or using forged documents to be re-granted a vehicle license plate, a vehicle registration certificate, or a certificate of vehicle periodic technical inspection for technical safety and environmental protection, which is not serious enough to warrant criminal prosecution;
dd) Handing over the vehicle to, or allowing, an employee or representative to drive the vehicle to commit a violation prescribed at Point e, Clause 3 or Point i, Clause 5, Article 20 of this Decree or directly driving the vehicle to commit a violation prescribed at Point e, Clause 3 or Point i, Clause 5, Article 20 of this Decree;
e) Handing over the vehicle to, or allowing, an employee or representative to drive the vehicle to commit a violation prescribed at Point a or Point d, Clause 2, Article 21 of this Decree or directly driving the vehicle to commit a violation prescribed at Point a or Point d, Clause 2, Article 21 of this Decree;
g) Handing over the vehicle to, or allowing, an employee or representative to drive the vehicle to commit a violation prescribed at Point b, Clause 2, Article 21 of this Decree or directly driving the vehicle to commit a violation prescribed at Point b, Clause 2, Article 21 of this Decree;
h) Failing to carry out procedures to obtain a new vehicle registration certificate and license plate in accordance with the regulations in cases where the vehicle owner is changed;
i) Changing, in an unauthorized manner, the vehicle’s paint color to one different from that prescribed in the vehicle registration certificate;
k) Installing or using in-vehicle audio and lighting devices that endanger road traffic order and safety;
l) Intentionally interfering with the motor vehicle's odometer to distort the readings thereof;
m) Getting a roadside rescue vehicle or ambulance on the road without a tachograph installed thereon or with a tachograph that neither works nor meets prescribed standards, or distorting data from the tachograph while in traffic;
n) Getting a roadside rescue vehicle or ambulance on the road without a driver image digital video recorder installed thereon in accordance with the regulations or with a driver image digital video recorder that neither records nor stores images inside the vehicle while in traffic in accordance with the regulations, or distorting data from the driver image digital video recorder installed in the vehicle;
o) Getting a roadside rescue vehicle on the road without special tools and equipment for rescue or rescue support as prescribed by the regulations.
8. A fine of between VND 4,000,000 and VND 6,000,000 or between VND 8,000,000 and VND 12,000,000 shall be imposed on an individual or an organization, respectively, that is an owner of a moped or a motorcycle, any type of vehicle similar to a motorcycle or any type of vehicle similar to a moped, committing any of the violations below:
a) Tampering with, altering or forging the vehicle registration dossier but not to the extent of criminal prosecution, which is not serious enough to warrant criminal prosecution;
b) Changing, in an unauthorized manner, the vehicle’s chassis, engine, shape, dimensions, or characteristics;
c) Making untruthful declarations or using forged documents to be re-granted a vehicle license plate or a vehicle registration certificate, which is not serious enough to warrant criminal prosecution;
d) Failing to proceed with procedures to have the vehicle registration certificate and license plate revoked in accordance with the regulations;
dd) Getting a vehicle on the road, without its vehicle registration certificate (or a certified copy of a vehicle registration certificate with the original letter of acknowledgment from a credit institution or foreign bank branch in cases where the credit institution or foreign bank branch holds the original vehicle registration certificate) or with one that is invalid or has been expired; getting a vehicle with a temporary vehicle registration certificate or a vehicle with a limited operating range on the road beyond the permissible time limit, route, or range;
e) Using a vehicle on the road, with its vehicle registration certificate (or a certified copy of a vehicle registration certificate with the original letter of acknowledgment from a credit institution or foreign bank branch in cases where the credit institution or foreign bank branch holds the original vehicle registration certificate) that was not issued by a competent authority or has been tampered with; using a vehicle on the road, with its registration certificate (or a certified copy of a vehicle registration certificate with the original letter of acknowledgment from a credit institution or foreign bank branch in cases where the credit institution or foreign bank branch holds the original vehicle registration certificate) on which the chassis number or engine number is not the same as that of the vehicle;
g) Installing or using a license plate flipper on the vehicle in violation of regulations;
h) Getting a vehicle on the road without a license plate (if a license plate is required for such type of vehicle); getting a vehicle on the road with a license plate that does not match the vehicle registration certificate or with one that is not issued by a competent authority.
9. A fine of between VND 4,000,000 and VND 6,000,000 or between VND 8,000,000 and VND 12,000,000 shall be imposed on an individual or an organization, respectively, that is an owner of an car, a four-wheeled motor-driven vehicle for the transport of persons, a four-wheeled motor-driven vehicle for the transport of goods, a special-purpose motorcycle or any type of vehicle similar to a car committing any of the violations below:
a) Renting or borrowing motor vehicle parts and accessories during the periodic technical inspection;
b) Getting a power-driven vehicle or a special motorcycle on the road, with its certificate or stamp of vehicle periodic technical inspection for technical safety and environmental protection (if the periodic technical inspection is required for such type of vehicle) that has been invalid (expired) for less than 01 month (including the trailer or semi-trailer);
c) Handing over the vehicle or allowing an employee or representative to drive the vehicle to commit a violation prescribed in Clause 4, Article 21 of this Decree or directly driving the vehicle to commit a violation prescribed in Clause 4, Article 21 of this Decree;
d) Handing over the vehicle to, or allowing, an employee or representative to drive the vehicle to commit a violation prescribed at Point d, Clause 6, Article 20; or Point b, Clause 5, Article 21 of this Decree or directly driving the vehicle to commit a violation prescribed at Point d, Clause 6, Article 20; or Point b, Clause 5, Article 21 of this Decree;
dd) Getting a vehicle on the road, with its vehicle registration certificate (or a certified copy of a vehicle registration certificate with the original letter of acknowledgment from a credit institution or foreign bank branch in cases where the credit institution or foreign bank branch holds the original vehicle registration certificate), a certificate or stamp of vehicle periodic technical inspection for technical safety and environmental protection that was not issued by a competent authority or has been tampered with; Getting a vehicle on the road, with its registration certificate (or a certified copy of a vehicle registration certificate with the original letter of acknowledgment from a credit institution or foreign bank branch in cases where the credit institution or foreign bank branch holds the original vehicle registration certificate) on which the chassis number or engine number is not the same as that of the vehicle (including the trailer or semi-trailer);
e) Failing to comply with regulations on vehicle license plates, the painting/affixing of lettering and numbering, and the display of plate information on the body and doors of the vehicle (including the trailer or semi-trailer), except for violations prescribed at Point b, Point c, Clause 12; Point d, Clause 13 of this Article and violations prescribed at Point b, Clause 3, Article 39 of this Decree.
10. A fine of between VND 8,000,000 and VND 10,000,000 or between VND 16,000,000 and VND 20,000,000 shall be imposed on an individual or an organization, respectively, that is the owner of a motorcycle, a moped, any type of vehicle similar to a motorcycle or any type of vehicle similar to a moped handing over the vehicle or allowing an unqualified person as prescribed in Clause 1, Article 56 of the Law on Road Traffic Order and Safety to drive the vehicle on the road (including cases where the driver has a driver's license but the right to use it is currently being revoked).
11. A fine of between VND 10,000,000 and VND 12,000,000 or between VND 20,000,000 and VND 24,000,000 shall be imposed on an individual or an organization, respectively, that is an owner of an car, a four-wheeled motor-driven vehicle for the transport of persons, a four-wheeled motor-driven vehicle for the transport of goods, a special-purpose motorcycle or any type of vehicle similar to a car committing any of the violations below:
a) Getting a power-driven vehicle or a special motorcycle on the road, without its certificate or stamp of vehicle periodic technical inspection for technical safety and environmental protection (if the periodic technical inspection is required for such type of vehicle), or with one that has been invalid (expired) for from 01 month or more (including the trailer or semi-trailer);
b) Handing over the vehicle to, or allowing, an employee or representative to drive the vehicle to commit a violation prescribed at Point a or Point d, Clause 5, Article 21 of this Decree or directly driving the vehicle to commit a violation prescribed at Point a or Point d, Clause 5, Article 21 of this Decree;
c) Handing over the vehicle or allowing an employee or representative to drive the vehicle to commit a violation prescribed in Clause 2, Article 34 of this Decree or directly driving the vehicle to commit a violation prescribed in Clause 2, Article 34 of this Decree;
d) Getting a commercial passenger transport vehicle on the road, with its seats or bunk-beds added or removed, or with a luggage compartment (cargo compartment) size that does not match the technical specifications stated in the vehicle's certificate of periodic technical inspection for technical safety and environmental protection;
dd) Handing over the vehicle to, or allowing, an employee or representative to drive the vehicle to commit any of the violations prescribed in Clause 7, Article 20; or Point c, Clause 6, Article 21 of this Decree or directly driving the vehicle to commit any of the violations prescribed in Clause 7, Article 20; or Point c, Clause 6, Article 21 of this Decree.
12. A fine of between VND 16,000,000 and VND 18,000,000 or between VND 32,000,000 and VND 36,000,000 shall be imposed on an individual or an organization, respectively, that is an owner of an car, a four-wheeled motor-driven vehicle for the transport of persons, a four-wheeled motor-driven vehicle for the transport of goods, a special-purpose motorcycle, any type of vehicle similar to a car, or a smart vehicle committing any of the violations below:
a) Getting a vehicle on the road, without its vehicle registration certificate (or a certified copy of a vehicle registration certificate with the original letter of acknowledgment from a credit institution or foreign bank branch in cases where the credit institution or foreign bank branch holds the original vehicle registration certificate) or with one that has been invalid or expired; getting a vehicle with a temporary vehicle registration certificate or a vehicle with a limited operating range on the road beyond the permissible time limit, route, or range;
b) Getting a vehicle on the road without a license plate (if a license plate is required for such type of vehicle);
c) Installing or using a license plate flipper on the vehicle (including the trailer or semi-trailer) in violation of regulations;
d) Getting a smart vehicle without an operating permit or with an expired operating permit on the road or operating it in a manner inconsistent with the permit.
13. A fine of between VND 20,000,000 and VND 26,000,000 or between VND 40,000,000 and VND 52,000,000 shall be imposed on an individual or an organization, respectively, that is an owner of a car or a special motorcycle, or any type of vehicle similar to a car, committing any of the violations below:
a) Handing over the vehicle or allowing an employee or representative to drive the vehicle to commit a violation prescribed at Point a or Point b, Clause 6, Article 21 of this Decree or directly driving the vehicle to commit a violation prescribed at Point a or Point b, Clause 6, Article 21 of this Decree;
b) Handing over the vehicle to, or allowing, an employee or representative to drive the vehicle to commit a violation prescribed in Clause 2, Article 22 of this Decree or directly driving the vehicle to commit a violation prescribed in Clause 2, Article 22 of this Decree;
c) Handing over the vehicle or allowing an employee or representative to drive the vehicle to commit a violation prescribed in Clause 3, Article 34 of this Decree or directly driving the vehicle to commit a violation prescribed in Clause 3, Article 34 of this Decree;
d) Using a vehicle (including the trailer or semi-trailer) in traffic with a license plate that does not match the vehicle registration certificate or with a license plate that was not issued by a competent authority;
dd) Handing over the vehicle to, or allowing, an employee or representative to drive the vehicle to commit a violation prescribed at Point a, Clause 10, Article 21 of this Decree or directly driving the vehicle to commit a violation prescribed at Point a, Clause 10, Article 21 of this Decree.
14. A fine of between VND 28,000,000 and VND 30,000,000 or between VND 56,000,000 and VND 60,000,000 shall be imposed on an individual or an organization, respectively, that is an owner of an car, a four-wheeled motor-driven vehicle for the transport of persons, a four-wheeled motor-driven vehicle for the transport of goods, a special-purpose motorcycle or any type of vehicle similar to a car committing any of the violations below:
a) Handing over the vehicle or allowing an employee or representative to drive the vehicle to commit a violation prescribed at Point a, Clause 3, Article 22 of this Decree or directly driving the vehicle to commit a violation prescribed at Point a, Clause 3, Article 22 of this Decree;
b) Handing over the vehicle to, or allowing, an employee or representative to drive the vehicle to commit a violation prescribed at Point b, Clause 3, Article 22 of this Decree or directly driving the vehicle to commit a violation prescribed at Point b, Clause 3, Article 22 of this Decree;
c) Handing over the vehicle to, or allowing, an employee or representative to drive the vehicle to commit a violation prescribed at Point c, Clause 3, Article 22 of this Decree or directly driving the vehicle to commit a violation prescribed at Point c, Clause 3, Article 22 of this Decree;
d) Handing over the vehicle to, or allowing, an employee or representative to drive the vehicle to commit a violation prescribed at Point d, Clause 3, Article 22 of this Decree or directly driving the vehicle to commit a violation prescribed at Point d, Clause 3, Article 22 of this Decree;
dd) Handing over the vehicle to, or allowing, an employee or representative to drive the vehicle to commit a violation prescribed at Point a, Clause 4, Article 34 of this Decree or directly driving the vehicle to commit a violation prescribed at Point a, Clause 4, Article 34 of this Decree;
e) Handing over the vehicle to, or allowing, an employee or representative to drive the vehicle to commit a violation prescribed at Point b, Clause 4, Article 34 of this Decree or directly driving the vehicle to commit a violation prescribed at Point b, Clause 4, Article 34 of this Decree;
g) Handing over the vehicle to, or allowing, an employee or representative to drive the vehicle to commit a violation prescribed at Point c, Clause 4, Article 34 of this Decree or directly driving the vehicle to commit a violation prescribed at Point c, Clause 4, Article 34 of this Decree;
h) Using a truck (including the trailer or semi-trailer) in traffic, with its cargo body dimensions that do not match the technical specifications recorded in the vehicle's certificate of periodic technical inspection for technical safety and environmental protection;
i) Handing over or allowing a person who does not meet the conditions prescribed in Clause 1, Article 56 (for a motor vehicle, four-wheeled motor-driven vehicle for the transport of persons, four-wheeled motor-driven vehicle for the transport of goods or any type of vehicle similar to a motor vehicle), Clause 2, Article 56 (for a special motorcycle) of the Law on Road Traffic Order and Safety to drive the vehicle on the road (including cases where the driver has a driver's license that has been expired or the right to use it is currently being revoked; a certificate of training in legal knowledge on road traffic, of which the use right was revoked before January 01, 2025 and the revocation period remains in effect).
15. A fine of between VND 30,000,000 and VND 40,000,000 or between VND 60,000,000 and VND 80,000,000 shall be imposed on an individual or an organization, respectively, that is an owner of an car, special-use motorcycle, or any type of vehicle similar to a car, handing over the vehicle to, or allowing, an employee or representative to drive the vehicle to commit any of the violations prescribed in Clause 7, Article 21 of this Decree or directly driving the vehicle to commit any of the violations prescribed in Clause 7, Article 21 of this Decree.
16. A fine of between VND 65,000,000 and VND 75,000,000 or between VND 130,000,000 and VND 150,000,000 shall be imposed on an individual or an organization, respectively, that is an owner of a car or a special motorcycle, or any type of vehicle similar to a car, committing any of the violations below:
a) Handing over the vehicle or allowing an employee or representative to drive the vehicle to commit a violation prescribed at Point a, Clause 5, Article 34 of this Decree or directly driving the vehicle to commit a violation prescribed at Point a, Clause 5, Article 34 of this Decree;
b) Handing over the vehicle to, or allowing, an employee or representative to drive the vehicle to commit a violation prescribed at Point a or Point b, Clause 8, Article 21 of this Decree or directly driving the vehicle to commit a violation prescribed at Point a or Point b, Clause 8, Article 21 of this Decree;
c) Changing, in an unauthorized manner, the vehicle’s chassis assembly, engine assembly, braking system, drivetrain (power transmission) system, locomotion system, or altering, in an unauthorized manner, the vehicle’s structure, shape, or dimensions resulting in deviations from the manufacturer's design or the design included in the dossier submitted to vehicle the registration authority, or an alteration design approved by a competent authority; changing, in an unauthorized manner, the vehicle's functions or installing, in an unauthorized manner, cargo body or shipping container lifting/lowering mechanisms on the vehicle (including the trailer or semi-trailer).
17. The vehicle shall be confiscated if it is an car, a four-wheeled motor-driven vehicle for the transport of persons, a four-wheeled motor-driven vehicle for the transport of goods, a special motorcycle, a motorcycle, a moped or any type of vehicle similar to a motor vehicle, any type of vehicle similar to a motorcycle, or any type of vehicle similar to a moped and its owner commits any of the violations below:
a) Illegally cutting, welding, erasing, modifying, or re-stamping the vehicle's chassis number or engine number; getting a vehicle with its chassis number or engine number that was illegally cut, welded, erased, modified, or re-stamped on the road;
b) Converting other types of motor vehicle into a motor vehicle for the transport of persons;
c) Getting a vehicle with expired useful life on the road, except for the violation prescribed at Point i, Clause 7, Article 26 of this Decree;
d) Repeatedly committing any of the violations prescribed in Clause 5 of this Article (if the vehicle carries more passengers than its permissible passenger capacity by between more than 100%);
dd) Repeatedly committing any of the violations prescribed in Clause 6 of this Article (if the vehicle carries more passengers than its permissible passenger capacity by between more than 100%);
e) Repeatedly committing the violation prescribed at Point h, Clause 14 of this Article;
g) Repeatedly committing the violation prescribed at Point b, Clause 16 of this Article.
18. In addition to being fined, the individual or organization that commits the violation shall also be subject to the following additional penalties:
a) Confiscation of the license plate; confiscation of the license plate and the license plate flipper if he/she/it commits any of the violations prescribed at Point g, Point h, Clause 8; Point c, Clause 12; Point d, Clause 13 of this Article shall result in;
b) Confiscation of the vehicle if he/she/it commits any of the violations prescribed at Point dd, Point e, Clause 8; Point dd, Clause 9; Point a, Clause 12 of this Article in the absence of a vehicle registration certificate (or a certified copy of a vehicle registration certificate with the original letter of acknowledgment from a credit institution or foreign bank branch in cases where the credit institution or foreign bank branch holds the original vehicle registration certificate) or using a vehicle registration certificate (or a certified copy of a vehicle registration certificate with the original letter of acknowledgment from a credit institution or foreign bank branch in cases where the credit institution or foreign bank branch holds the original vehicle registration certificate) that is not issued by a competent authority or on which the chassis number or engine number is not the same as that of the vehicle or that is tampered with (including the trailer or semi-trailer) without proving the origin of the vehicle (without any document or certificate of vehicle origin, or a certificate of legal ownership);
c) Revocation of the right to use the certificate of vehicle periodic technical inspection for technical safety and environmental protection and the inspection stamp of the vehicle for a period of between 01 month and 03 months if he/she/it commits any of the violations prescribed at Point e, Clause 7, Point b, Clause 11, Point a, Clause 13, Clause 15, Point b, Clause 16 of this Article and the vehicle has the cargo body or permissible cargo weight in violation of the applicable regulations;
d) Revocation of the right to use the certificate of vehicle periodic technical inspection for technical safety and environmental protection and the inspection stamp of the vehicle for a period of between 01 month and 03 months if he/she/it commits any of the violations prescribed at Point d, Clause 11, Point h, Clause 14, Point c, Clause 16 of this Article;
dd) Revocation of the right to use the badge (if any) for a period of between 01 month and 03 months if, in case of any of the violations prescribed in Clause 5 and Clause 6 of this Article, the vehicle carries more passengers than its permissible passenger capacity by more than 50%. Revocation of the right to use the badge (if any) for a period of between 01 month and 03 months if he/she/it commits any of the violations prescribed at Point e, Point g, Clause 7; Point a, Point b, Clause 11; Point a, Point b, Point c, Point dd, Clause 13; Point a, Point b, Point c, Point d, Point dd, Point e, Point g, Clause 14; Clause 15; Clause 16 of this Article.
19. In addition to being subject to penalties, the individual or organization that commits the violation shall also be subject to the following remedial measures:
a) Forcible restoration of the brand and paint color prescribed in the vehicle registration certificate in accordance with the regulations if he/she/it commits any of the violations prescribed at Point a, Clause 1, Point i, Clause 7 of this Article shall force the;
b) Forcible replacement with equipment that meets technical safety standards (installation of the proper type of safety glass) if he/she/it commits the violation prescribed at Point a, Clause 2 of this Article;
c) Forcible compliance with regulations on vehicle license plates, the painting/affixing of lettering and numbering, and the display of plate information on the vehicle’s body and doors if he/she/it commits any of the violations prescribed in Clause 4, Point e, Clause 9 of this Article;
d) Forcible restoration of the vehicle to its original shape, size, and technical safety status, and re-registration thereof, prior to the vehicle’s return to the road, if he/she/it commits any of the violations prescribed at Point d, Clause 11, Point h, Clause 14, Point c, Clause 16 of this Article;
dd) Forcible rectification of the cargo body to comply with applicable regulations, re-registration thereof, and adjustment of the permissible cargo weight as recorded in the certificate of vehicle periodic technical inspection for technical safety and environmental protection in accordance with the applicable regulations, prior to the vehicle’s return to the road, if he/she/it commits any of the violations prescribed at Point e, Clause 7, Point b, Clause 11, Point a, Clause 13, Clause 15, Point b, Clause 16 of this Article and the vehicle has a cargo body or the permissible cargo weight in violation of the applicable regulations;
e) Forcible restoration of the original condition that was changed due to the administrative violation if he/she/it commits any of the violations prescribed at Point dd, Point e, Point g, Clause 7; Point c, Clause 9; Point b, Point c, Clause 11; Point a, Point b, Point c, Clause 13; Point a, Point b, Point c, Point d, Point dd, Point e, Point g, Clause 14; Clause 15; Point a, Point b, Clause 16 of this Article, thereby causing damage to a bridge or a road;
g) Forcible implementation of procedures for exchanging, revoking, or issuing the vehicle registration certificate, the license plate, or the certificate of vehicle periodic technical inspection for technical safety and environmental protection in accordance with the regulations if he/she/it commits any of the violations prescribed at Point b Clause 3; Point b, Point c, Point h Clause 7; Point d, Point dd Clause 8; Point a Clause 12 of this Article (unless the vehicle was confiscated);
h) Forcible removal of in-vehicle audio and lighting devices that endanger road traffic order and safety if he/she/it commits any of the violations prescribed at Point c, Clause 3, Point k, Clause 7 of this Article;
i) Forcible surrender of the vehicle registration certificate (or a certified copy of a vehicle registration certificate with the original letter of acknowledgment from a credit institution or foreign bank branch in cases where the credit institution or foreign bank branch holds the original vehicle registration certificate), or a certificate or stamp of vehicle periodic technical inspection for technical safety and environmental protection that has been tampered with, if he/she/it commits the violation prescribed at Point e, Clause 8, Point dd, Clause 9 of this Article;
k) Forcible correction of the odometer reading of the motor vehicle that has been distorted if he/she/it commits the violation prescribed at Point l, Clause 7 of this Article;
l) Forcible installation of special tools and equipment for rescue and rescue assistance on the vehicle in accordance with the regulations if he/she/it commits a violation of the provisions at Point o, Clause 7 of this Article.
20. In addition to being subject to penalties, the individual or organization that commits any of the violations prescribed at Point a, Point d, Clause 7; Point a, Point e, Clause 8; Point dd, Clause 9 of this Article shall has the vehicle registration dossier which was tampered with, altered, or forged; forged documents which was used to be re-granted the license plate, the vehicle registration certificate, or the certificate of vehicle periodic technical inspection for technical safety and environmental protection; the vehicle registration certificate (or a certified copy of a vehicle registration certificate with the original letter of acknowledgment from a credit institution or foreign bank branch in cases where the credit institution or foreign bank branch holds the original vehicle registration certificate), which was not issued by a competent authority or on which the chassis number or engine number is not the same as that of the vehicle; or the certificate or stamp of vehicle periodic technical inspection for technical safety and environmental protection, which was not issued by a competent authority, revoked.
21. In addition to being subject to penalties, the individual or organization who commits the violation shall also have the driver's license points deducted as follows:
a) Deduction of the driver's license points by 02 points in cases where the vehicle owner drives his/her own vehicle to commit any of the violations prescribed at Point dd, Point g, and Point m, Clause 7; Point dd and Point e, Clause 8; Point b, Point c, Point d, and Point dd, Clause 9; Point a, Point b, and Point dd, Clause 11; Point a, Clause 12; Point c, Clause 13; Point dd and Point h, Clause 14 of this Article;
b) Deduction of the driver's license points by 03 points in cases where the vehicle owner drives his/her own vehicle to commit any of the violations prescribed at Point e and Point g, Clause 14 of this Article;
c) Deduction of the driver's license points by 04 points in cases where the vehicle owner drives his/her own vehicle to commit any of the violations prescribed at Point a, Point b, Point dd, Clause 13; Point a, Point b, Point c, Point d, Clause 14; Point a, Clause 16 of this Article;
d) Deduction of the driver's license points by 04 points in cases where the vehicle owner drives his/her own vehicle to commit any of the violations prescribed in Clause 5 and Clause 6 of this Article and the vehicle carries more passengers than its permissible passenger capacity by between more than 50% and 100%;
dd) Deduction of the driver's license points by 06 points in cases where the vehicle owner drives his/her own vehicle to commit any of the violations prescribed at Point h, Clause 8 and Point b, Clause 12 of this Article;
e) Deduction of the driver's license points by 08 points in cases where the vehicle owner drives his/her own vehicle to commit any of the violations prescribed in Clause 15 of this Article;
g) Deduction of the driver's license points by 10 points in cases where the vehicle owner drives his/her own vehicle to commit any of the violations prescribed at Point d, Clause 13 and Point b, Clause 16 of this Article;
h) Deduction of the driver's license points by 10 points in cases where the vehicle owner drives his/her own vehicle to commit any of the violations prescribed in Clause 5 and Clause 6 of this Article and the vehicle carries more passengers than its permissible passenger capacity by more than 100%.
Article 33. Penalties for passengers who violate regulations on traffic order and safety
1. A fine of between VND 100,000 and VND 200,000 shall be imposed on any of the violations below:
a) Failing to comply with the instructions of the driver or service staff on the vehicle regarding regulations to ensure traffic order and safety;
b) Causing disorder on the vehicle.
2. A fine of between VND 1,000,000 and VND 2,000,000 shall be imposed on any of the violations below:
a) Carrying toxic chemicals, flammable or explosive materials, dangerous goods or goods the transport of which is prohibited on buses;
b) Hanging onto the side of the vehicle; standing, sitting, or lying on the vehicle's hood, roof, or in the luggage compartment; arbitrarily opening the vehicle doors or engaging in other unsafe conduct while the vehicle is in motion.
3. A fine of between VND 2,000,000 and VND 3,000,000 shall be imposed on threatening or violating the health of other passengers, driver, and service staff on the vehicle.
4. In addition to being fined, a person who commits the violation prescribed at Point a, Clause 2 of this Article shall also be subject to the additional penalty of confiscation of the toxic chemicals, flammable or explosive substances, dangerous goods, or goods the transport of which is prohibited, on the bus.
Article 34. Penalties and deduction of driver's license points for drivers of oversized vehicles, overloaded vehicles, and tracked vehicles traveling on the road (including motor vehicles for the transport of passengers)
1. A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed on failing to comply with the transport permit, except for committing any of the violations prescribed at Point a and Point b, Clause 3; Point b and Point c, Clause 4 of this Article.
2. A fine of between VND 4,000,000 and VND 6,000,000 shall be imposed on driving a vehicle whose total weight (gross vehicle weight) exceeds the road’s load capacity by between more than 10% and 20%, unless otherwise the vehicle has a valid transport permit.
3. A fine of between VND 8,000,000 and VND 10,000,000 shall be imposed on any of the violations below:
a) Transporting goods exceeding the dimension limits for the vehicle or the road as prescribed in the transport permit;
b) Driving a tracked vehicle on the road without a permit or with one that is no longer valid in accordance with the regulations or driving the vehicle directly on the road without taking measures to protect the road as prescribed;
c) Driving a vehicle with overall dimensions exceeding the road's dimension limits, or transporting goods exceeding the road's dimension limits, or transporting cargo exceeding the vehicle's cargo dimension limits, except in cases it has a valid transport permit;
d) Driving a vehicle with an external dimension exceeding the permissible vehicle dimension limit as prescribed by the regulations unless a valid transport permit is available.
4. A fine of between VND 13,000,000 and VND 15,000,000 shall be imposed on any of the violations below:
a) Driving a vehicle whose total weight (gross vehicle weight) or axle load (including cargo and passengers on the vehicle) exceeds the road's load capacity by between more than 20% and 50%, unless otherwise the vehicle has a valid transport permit;
b) Driving a vehicle with a valid transport permit but the vehicle’s total weight (gross vehicle weight) or axle load (including cargo, if any) exceeds that prescribed in the transport permit;
c) Driving a vehicle with a valid transport permit but not on the designated route prescribed in the transport permit.
5. A fine of between VND 40,000,000 and VND 50,000,000 shall be imposed on any of the violations below:
a) Driving a vehicle whose total weight (gross vehicle weight) or axle load (including cargo and passengers on the vehicle) exceeds the road's load capacity by more than 50%, unless otherwise the vehicle has a valid transport permit;
b) Failing to comply with the request of the person performing official duties to check the vehicle's cargo weight, payload, and dimension limits, and its transport of oversized and overweight goods; transferring goods or using other methods to evade detection of an overloaded or oversized vehicle.
6. In addition to being subject to penalties, the driver who commits any of the violations prescribed in Clause 1, Clause 2, Clause 3, Clause 4 and Clause 5 of this Article, thereby causing damage to a bridge or a road, shall be subject to the remedial measure that is forcible restoration of the original condition that was changed due to the administrative violation.
7. In addition to being subject to penalties, the driver who commits the violation shall also have his/her driver's license points deducted as follows:
a) Deduction of the driver's license points by 02 points if he/she commits any of the violations prescribed in Clause 1, Clause 3, Point a, Clause 4 of this Article;
b) Deduction of the driver's license points by 03 points if he/she commits the violation prescribed at Point b, Point c, Clause 4 of this Article;
c) Deduction of the driver's license points by 04 points if he/she commits the violation prescribed at Point a, Clause 5 of this Article;
d) Deduction of the driver's license points by 10 points if he/she commits the violation prescribed at Point b, Clause 5 of this Article.
Article 35. Penalties and deduction of driver's license points for illegal racers, organizers of racing, instigators and cheerleaders of illegal racing
1. A fine of between VND 1,000,000 and VND 2,000,000 shall be imposed on gathering in crowds to cheer, assist, or incite speeding, weaving, chasing on the road, or illegal racing.
2. A fine of between VND 40,000,000 and VND 50,000,000 or between VND 80,000,000 and VND 100,000,000 shall be imposed on an individual or an organization, respectively, that organizes an illegal race.
3. The vehicle shall be confiscated if its driver commits any of the violations below:
a) Participating in an illegal race of motorcycles, motorized bicycles, or bicycles on the road;
b) Illegal racing motor vehicles and motorcycles on the road.
4. In addition to having the vehicle confiscated, the driver who commits any of the violations prescribed at Point b, Clause 3 of this Article shall be subject to the additional penalty of having his/her right to use the driver's license revoked for a period of between 22 months and 24 months.
Article 36. Penalties for drivers of motorbikes, mopeds, and rudimentary vehicles who commit violations of regulations on transport of passengers and goods
1. A fine of between VND 300,000 and VND 400,000 shall be imposed on any driver who commits any of the violations below:
a) Transporting goods in a manner that compromises the safety of, or causes danger to, persons or vehicles in traffic;
b) Transporting goods that obstructs the driver's vision or obscures the lights or license plate (if the lights or license plate are required for such type of vehicle); dropping goods on the road.
2. A fine of between VND 400,000 and VND 600,000 shall be imposed on any of the violations below:
a) Transporting luggage or goods exceeding the vehicle’s permissible weight;
b) Transporting luggage or goods exceeding the vehicle's permissible dimension limits;
c) Transporting bulk items, construction materials, and waste that may fall onto the road or cause noise or dust;
d) Transporting goods that extend beyond the front or rear of the vehicle without a red signal at the first and last points of the cargo during daytime; transporting goods that extend beyond the front or rear of the vehicle without lights or signals when driving at night or in low-light conditions.
Article 37. Penalties for drivers of power-driven road vehicles with foreign license plates
1. A fine of between VND 1,000,000 and VND 2,000,000 shall be imposed on any driver of a power-driven road vehicle with a foreign license plate, who commits any of the violations below:
a) Failing to have English or Vietnamese translations as prescribed by the regulations for the vehicle documents;
b) Driving a passenger vehicle without a passenger list as prescribed by the regulations.
2. A fine of between VND 2,000,000 and VND 4,000,000 shall be imposed on driving a vehicle in Vietnam without a written approval or permit from a competent authority in accordance with the regulations (if a written approval or permit is required for such type of vehicle to travel on the road in Vietnam).
3. A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed on any of the violations below:
a) Driving a vehicle that does not display a national identification mark as prescribed by the regulations;
b) Driving a vehicle without an intermodal transport permit or an international road transport permit as prescribed or with one that has expired;
c) Transporting passengers or goods in violation of international treaties to which Vietnam is a contracting party, except for the violations prescribed in Clause 1, Clause 4, Clause 5, Clause 6 of this Article.
4. A fine of between VND 8,000,000 and VND 10,000,000 shall be imposed on any of the violations below:
a) Driving a vehicle without a temporary license plate or with a temporary license plate not issued by a competent authority (if a temporary license plate is required to be installed on such vehicle in accordance with the regulations);
b) Driving a right-hand drive vehicle on the road without traveling in a convoy and without the traffic support and guidance personnel or vehicles as prescribed by the regulations.
5. A fine of between VND 10,000,000 and VND 12,000,000 shall be imposed on driving outside the permissible range, route, or road section.
6. A fine of between VND 30,000,000 and VND 35,000,000 shall be imposed on letting the vehicle in the territory of Vietnam beyond the prescribed time limit.
7. In addition to being subject to penalties, the driver who commits any of the violations prescribed in Clause 2; Point b, Point c, Clause 3; Point a, Clause 4; and Clause 6 of this Article shall be subject to the remedial measure that is forcible re-export of the vehicle out of Vietnam.
Article 38. Penalties for drivers of vehicles registered to operate in Special Economic Zones and International Border Gate Economic Zones
1. A fine of VND 500,000 and VND 1,000,000 shall be imposed on any driver of a moped or motorcycle, any type of vehicle similar to a motorcycle or any type of vehicle similar to a moped, who commits any of the violations below:
a) Failing to make a declaration of temporary import and re-export of the road vehicle as prescribed;
b) Driving a vehicle without a control badge as prescribed or having one that has expired or using a badge not issued by a competent authority.
2. A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed on any driver of a motor vehicle or any type of vehicle similar to a motor vehicle, who commits any of the violations below:
a) Failing to make a declaration of temporary import and re-export of the road vehicle as prescribed;
b) Driving a vehicle without a control badge as prescribed or having one that has expired or using a badge not issued by a competent authority.
3. The vehicle shall be confiscated if its driver repeatedly commits any of the violations prescribed in Clause 1 and Clause 2 of this Article.
4. In addition to being subject to penalties, the driver who commits any of the violations prescribed in Clause 1 and Clause 2 of this Article shall also be subject to the remedial measure that is forcible return of the vehicle to the Special Economic Zone or the International Border Gate Economic Zone.
5. In addition to being subject to penalties, any driver who commits violations prescribed at Point b, Clause 1, Point b, Clause 2 of this Article shall have his/her badge, which has expired or was not issued by a competent authority, revoked.
Article 39. Penalties for violations of regulations on driving training and testing
1. A fine of between VND 2,000,000 and VND 3,000,000 shall be imposed on:
a) Any driving instructor who allows a trainee driver without a “Trainee Driver” badge, or one who has a badge but does not wear it while practicing driving, to drive a training vehicle;
b) Any driving instructor who transports persons and goods on a training vehicle in violation of regulations during driving practice;
c) Any driving instructor who fails to follow the designated training route prescribed in the training vehicle permit; failing to sit beside the student to supervise and assist with steering during driving practice (both within the driving ground used for training and on public roads);
d) Any driving instructor who fails to wear the “Driving Instructor” badge during driving training;
dd) Any driving instructor who fails to prepare a lesson plan for the training subject in accordance with the regulations or prepares a lesson plan that is not suitable for the training subject;
e) Any practical driving instructor who does not carry a training vehicle permit or carries an expired training vehicle permit.
2. A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed on any driving training facility who commits any of the violations below:
a) Using a training vehicle without a roof for rain and sun protection; or without securely fixed seats on the back for trainees, as prescribed by the regulations;
b) Failing to sign or terminate training contracts with driving trainees in accordance with the regulations; signing or terminating training contracts that are not directly signed by the respective driving trainees;
c) Failing to publicize admission and training management regulations and tuition fees as prescribed by the regulations;
3. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed on:
a) Any driving training facility that fails to arrange a driving instructor to sit next to a trainee to assist him/her during driving practice; or arrange an unqualified one;
b) Any driving training facility that uses a training vehicle without a training vehicle permit or with an expired permit, or fails to attach a "Driver in Training" sign on the vehicle as prescribed, or fails to write the name and phone number of the training facility on the outside of both doors or both sides of the vehicle as prescribed by the regulations;
c) Any driving training facility that uses a training vehicle that is not equipped with additional brakes or is equipped with inoperative ones;
d) Any driving training facility that enrolls trainees who fails to meet the educational requirements and safe driving time corresponding to each training level; or enrolls trainees who fails to have all documents as prescribed by the regulations;
dd) Any driving training facility that fails to employ enough driving practice instructors of all vehicle classes to meet the plan for using training vehicles in training;
e) Any driving training facility that fails to store or does not store all records as prescribed of 01 driving training course;
g) Any driving test center that fails to maintain sufficient conditions prescribed in the National Technical Regulations on road vehicle driving test centers, except for violations prescribed in Clause 4, Clause 5, Clause 7 of this Article;
h) Any driving test center that fails to store, or stores in an insufficient manner, records as prescribed of 01 driving test;
i) Any Individual who uses forged dossiers to be eligible for studying and taking the test for a new or re-granted driver's license, or for obtaining a certificate of training in legal knowledge on road traffic, which is not serious enough to warrant criminal prosecution;
k) Any driving test taker who brings a mobile phone, visual or audio telecommunications equipment into the theory test room, the traffic situation simulation room, the vehicle used for testing, or engages in other fraudulent activities that falsify testing results.
4. A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed on any driving training facility or driving test center that commits any of the violations below:
a) Any driving training facility that conducts enrollment or training of more trainee than permitted in the driving training permit;
b) Any driving training facility that conducts driving training at a location other than the one stated in the driving training license;
c) Any driving training facility that fails to store or does not store all records as prescribed of 02 or more driving training courses;
d) Any driving training facility that arranges more trainees than permitted by the regulations on a training vehicle;
dd) Any driving training facility that fails to have enough classrooms; or have the classrooms that do not have enough equipment and teaching aids;
e) Any driving training facility that fails to have enough driving grounds used for training or has those that do not meet the prescribed conditions;
g) Any driving training facility that fails to have enough training vehicles of all vehicle classes to meet any of the actual training volume at any given time or use training vehicles of the inappropriate class for driving training;
h) Any driving training facility that fails to have enough monitoring devices for tracking theoretical learning time, practical driving time, and distance covered by trainees, or having those as prescribed by the regulations that are inoperative;
i) Any driving test center that fails to have a public audio notification system for notifying examinees of their violations in the driving yard used for testing in accordance with the regulations, or has one as prescribed by the regulations but it is inoperative during the test;
k) Any driving test center that fails to have enough screens to publicly display the monitoring images of the theory test room, traffic scenario simulation, and driving test results in accordance with the regulations, or has those as prescribed by the regulations but they are inoperative during the test.
5. A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed on:
a) Any driving training facility that conducts trainee enrollment or training for a driver's license of a vehicle class that it is not authorized to provide training;
b) Any driving training facility that fails to provide training in accordance with prescribed programs and curriculum;
c) Any driving training facility that considers completion of training courses or grant elementary certificates or grant training certificates to trainees in violation of regulations;
d) Any driving training facility that use technical measures, peripheral devices, and other measures to intervene in the operating process, thereby distorting the data of the devices tracking theoretical learning time, practical driving time, and distance covered;
dd) Any driving test center that fails to install enough surveillance cameras in the theory test room, traffic scenario simulation area, and driving ground used for testing in accordance with the regulations, or has installed surveillance cameras as prescribed by the regulations but they are inoperative;
e) Any driving test center that with more than 50% of its vehicles used for testing in the testing yard that were licensed but are ineligible for testing in accordance with the regulations;
g) Any driving test center that with more than 50% of its vehicles used for on-road driving test that were licensed but are ineligible for testing in accordance with the regulations;
h) Any driving test center that with more than 50% of its computers used for theory test that were licensed but are ineligible for testing in accordance with the regulations;
i) Any driving test center that, in an unauthorized manner, changes the location of functional rooms; or alters the driving yard used for testing driving maneuvers without the approval of the competent State regulatory authority;
k) Any driving test center that fails to store or fails to store all records as prescribed of 02 or more driving tests.
6. A fine of between VND 15,000,000 and VND 20,000,000 shall be imposed on an individual or between VND 30,000,000 and VND 40,000,000 shall be imposed on an individual or an organization, respectively, that conducts the enrollment and driving training without a driving training license.
7. A fine of between VND 40,000,000 and VND 50,000,000 shall be imposed on any driving test center who commits any of the violations below:
a) Changing or using, in an unauthorized manner, the examination software, scoring equipment, or vehicles used for testing without the approval of a competent State regulatory authority;
b) Using a computer in the theory test room connected to a line outside the room in violation of regulations;
c) Intentionally allowing scoring equipment or devices to operate inaccurately during the driving test; allowing unauthorized signs or markings on the driving yard or vehicles used for testing during the test.
8. A driving instructor who allows a driving trainee to practice driving and commit any of the violations prescribed in Article 6 of this Decree shall be subject to the respective penalty in accordance with the regulations for such violation.
9. In addition to being fined, the individual or organization that commits the violation shall also be subject to the following additional penalties:
a) Any driving training facility that commits any of the violations prescribed at Point a, Point b, Point c, Point d, Point dd, Point e, Clause 3; Point a, Point b, Point d, Point dd, Point e, Point g, Clause 4 of this Article shall have its enrollment suspended for a period of between 01 month and 03 months;
b) Any driving training facility that commits any of the violations prescribed at Point c, Clause 4; Point a, Point b, Point c, Point d, Clause 5 of this Article shall have its enrollment suspended for a period of between 02 months and 04 months;
c) Revocation of the right to use the driving test license for a period of between 01 month and 03 months if the driving test center commits any of the violations prescribed at Point h, Clause 3; Point i, Point k, Clause 4; Point dd, Point e, Point g, Point h, Point i, Clause 5 of this Article;
d) Revocation of the right to use the driving test license for a period of between 02 months and 04 months if the driving test center commits any of the violations prescribed at Point k, Clause 5, Clause 7 of this Article.
10. In addition to being subject to penalties, the individual who commits any of the violations prescribed at Point i, Clause 3 of this Article shall have the forged documents revoked.
Article 40. Penalties for violations of regulations on registration of power-driven vehicles, special motorcycles, and power-driven vehicle spare parts
1. A fine of between VND 8,000,000 and VND 10,000,000 shall be imposed on any individual who commits any of the violations below:
a) Failing to comply with regulations in relevant technical procedures and standards in certification and periodic technical inspection of power-driven vehicles, special motorcycles, and power-driven vehicle spare parts;
b) Failing to properly perform assigned duties and tasks in certifying, and conducting periodic technical inspection of, power-driven vehicles, special motorcycles, and power-driven vehicle spare parts;
c) Making requests that are contrary to regulations on registration process and procedures for individuals and organizations.
2. A fine of between VND 10,000,000 and VND 15,000,000 shall be imposed on any register office that commits any of the violations below:
a) Failing to maintain the conditions and requirements as prescribed in the Government's Decree regulating the conditions for business of vehicle registration services; organization and operation of register offices; and the useful life of power-driven vehicles;
b) Having any of its registration officers penalized two or more times for violations specified in Clause 1 of this Article within 12 months of the first violation;
c) Assigning unqualified persons to perform the duties of registration officers and professional staff;
d) Granting certificates of alteration to power-driven vehicles and special motorcycles not in accordance with the regulations;
dd) Conducting periodic technical inspection of vehicles for which such inspection must be refused in accordance with the regulations;
e) Storing dossiers, documents, data on vehicle inspections and alterations in violation of regulations;
g) Failing to update vehicle records for power-driven vehicles and special motorcycles in accordance with the regulations.
3. A fine of between VND 10,000,000 and VND 15,000,000 shall be imposed on a facility testing and certifying power-driven vehicles, special motorcycles, and power-driven vehicle spare parts in production, assembly, and import that commits one of the following violations:
a) Failing to publicly post the testing and certification process and procedures in accordance with the regulations;
b) Conducting testing and certification in violation of the regulations;
c) Assigning unqualified persons to perform testing and certification;
d) Using devices and tools that does not comply with legal metrology standards for inspection and testing;
dd) Having any of its registration officers penalized two or more times for violations specified in Clause 1 of this Article within 12 months of the first time being penalized;
e) Storing dossiers, documents, and data on the certificates in violation of regulations.
4. A fine of between VND 16,000,000 and VND 20,000,000 shall be imposed on any register office that commits any of the violations below:
a) Inspecting and issuing certificates of vehicle periodic technical inspection of power-driven vehicles, special motorcycles, and inspection of exhaust emissions of motorcycles and mopeds in violation of the regulations, standards, and technical regulations;
b) Making requests that are contrary to regulations on registration process and procedures for individuals and organizations;
c) Refusing to provide inspection services in violation of the law regulations.
5. A fine of between VND 16,000,000 and VND 20,000,000 shall be imposed on a manufacturer, an assembler, an importer, or a maintenance facility or an authorized organization or individual that commits any of the violations below:
a) Using or providing forged dossiers and documents to conduct inspection, certification, or testing, which is not serious enough to warrant criminal prosecution;
b) Using devices and tools that does not comply with legal metrology standards for the quality control of power-driven vehicles, special power-driven vehicles, or power-driven vehicle parts upon their release from production.
6. In addition to being fined, the individual or organization that commits the violation shall also be subject to the following additional penalties:
a) Revocation of the right to use the registration officer certificate for a period of between 01 month and 03 months if he/she commits any of the violations prescribed in Clause 1 of this Article;
b) Revocation of the right to use the certificate of eligibility for conducting vehicle periodic technical inspection for a period of between 01 month and 03 months if he/she commits any of the violations prescribed at Point a, Point b, Point c, Point d, Clause 2; Clause 4 of this Article.
Chapter III
COMPETENCE AND PROCEDURES TO IMPOSE PENALTIES, DEDUCT OR REINSTATE DRIVER’S LICENSE POINTS
Section 1
COMPETENCE TO IMPOSE PENALTIES
Article 41. Delegation of the competence to impose penalties on administrative violations related to road traffic order and safety
1. The Chairpersons of the People's Committees at all levels have the competence to impose penalties on violations of this Decree within the scope of their local management.
2. Traffic Police, within the scope of their assigned functions and tasks, have the competence to impose penalties on violations prescribed in the following points, clauses and articles of this Decree:
a) Article 6, Article 7, Article 8, Article 9, Article 10, Article 11, Article 12, Article 13, Article 14, Article 15, Article 16, Article 17, Article 18, Article 19, Article 20, Article 21, Article 22, Article 23, Article 24, Article 25, Article 26, Article 27, Article 28, Article 29, Article 30, Article 31, Article 32, Article 33, Article 34, Article 35, Article 36;
b) Clause 1, Point a, Clause 3, Point b, Clause 4, Clause 5, Article 37;
c) Article 38;
d) Point a, Point b, Point c, Point d, Point e, Clause 1; Point a, Clause 2; Point a, Point b, Point c, Clause 3; Point d, Clause 4; Clause 8, Article 39.
3. The Public Order Police, Rapid Response Police, Mobile Police, and Police for Administrative Management of Social Order, within the scope of their assigned functions and tasks related to road traffic order and safety, have the competence to impose penalties on violations of the following points, clauses, and articles of this Decree:
a) Point c, Point dd, Clause 1; Point d, Point dd, Clause 2; Point b, Point d, Point dd, Point e, Point g, Point o, Clause 3; Point b, Point c, Point dd, Point i, Point k, Clause 4; Point i, Point k, Clause 5; Point b, Point c, Point d, Clause 6; Clause 9; Point a, Point b, Point c, Point d, Clause 11; Clause 12, Article 6;
b) Point e, Point g, Point i, Point k, Clause 1; Point a, Point c, Point d, Point e, Point g, Point h, Point i, Point k, Clause 2; Point b, Point c, Point d, Point e, Point g, Point k, Clause 3; Point b, Point d, Point dd, Clause 4; Point b, Point c, Clause 5; Point a, Point b, Point c, Clause 6; Point a, Point c, Point d, Clause 7; Point b, Clause 8; Point a, Point b, Point d, Point dd, Point e, Point g, Point h, Point i, Point k, Clause 9; Clause 11, Article 7;
c) Clause 2; Point b, Point c, Point dd, Clause 3; Point b, Point c, Point d, Point dd, Point e, Clause 4; Point a, Point b, Point c, Clause 5; Point c, Point d, Point g, Clause 6; Clause 7; Point a, Point b, Point c, Point d, Clause 9, Article 8;
d) Clause 1, Clause 2, Clause 3, Clause 4, Article 9;
dd) Clause 1; Point b and Point c, Clause 2, Article 10;
e) Clause 1 and Clause 2, Article 11;
g) Clause 1; Clause 2; Clause 3; Clause 5; Point c, Point d, Clause 6; Clause 7; Clause 9; Clause 10; Point a, Point c, Clause 11; Clause 12; Clause 14, Article 12;
h) Article 15, Article 17;
i) Point b, Clause 3; Point a, Point c, Point d, Point g, Clause 5; Point a, Point b, Point c, Clause 6, Article 20;
k) Clause 2, Clause 3, Clause 4, Clause 5, Article 23;
l) Article 24; Article 25;
m) Clause 1 and Clause 3, Article 28;
n) Article 31; Article 33; Article 35; Article 36.
4. Chiefs of Commune-level Police, Chiefs of Police Station, Chiefs of Border Gate Police Stations or Export Processing Zone Police Stations, within the scope of their assigned functions and tasks related to road traffic order and safety, have the competence to impose penalties on violations of the following points, clauses, and articles of this Decree:
a) Point dd, Clause 1; Point d, Point dd, Clause 2; Point b, Point d, Point dd, Point e, Point g, Clause 3, Article 6;
b) Point d, Point e, Point g, Point i, Clause 1; Point a, Point d, Point e, Point g, Point h, Point i, Point k, Clause 2; Point b, c, e, g, and k, Clause 3; Point b, Point d, Point dd, Clause 4, Article 7;
c) Clause 2; Point b, Point c, Clause 3; Point c, Point d, Point dd, Point e, Clause 4, Article 8;
d) Point a, Point b, Point c, Point d, Point dd, Point e, Point g, Point h, Point i, Point k, Point l, Point m, Point n, Point o, Clause 1; Clause 2; Point a, Point b, Point c, Clause 3; Point d, Point dd, Clause 4, Article 9;
dd) Clause 1; Point b and Point c, Clause 2, Article 10;
e) Clause 1 and Clause 2, Article 11;
g) Clause 1; Clause 2; Clause 3; Clause 5; Point c, Point d, Clause 6, Article 12;
h) Article 15;
i) Clause 1, Article 17;
k) Point b, Clause 3, Article 20;
l) Clause 1 and Clause 2, Article 33;
m) Clause 1, Article 35.
5. Road inspectors and persons assigned to perform specialized road inspection tasks, within the scope of their assigned functions and tasks, have the competence to impose penalties prescribed at the following points, clauses and articles of this Decree:
a) Clause 1; Point a, Point b, Point c, Point d, Point e, Clause 2; Clause 3; Clause 4; Clause 5; Point a, Clause 6; Point a, Point d, Point g, Point h, Clause 7; Point a, Point b, Clause 8, Article 26; Point a, Clause 2; Point i, Point l, Clause 7; Point b, Clause 8; Point a, Clause 9; Point c, Clause 16; Point a, Point b, Clause 17, Article 32 when conducting inspection and examination at transport facilities, bus stations, parking lots, rest stops, and providers of supporting transport services;
b) Article 39, Article 40.
Article 42. Competence of Chairpersons of People’s Committees at all levels to impose penalties
1. Chairpersons of commune-level People's Committees shall be vested with the right to impose:
a) Issue warnings;
b) Impose fines up to VND 5,000,000;
c) Confiscate material evidence and means used for administrative violations valued at not more than VND 10,000,000;
d) Apply remedial measures prescribed at Point a, Point b, Clause 3, Article 3 of this Decree.
2. Chairpersons of district-level People's Committees shall be vested with the right to impose:
a) Issue warnings;
b) Impose fines up to VND 37,500,000;
c) Revoke the right to use a license or practising certificate for a definite period of time or suspend operations for a definite period of time;
d) Confiscate material evidence and means used for administrative violations;
dd) Apply remedial measures prescribed in Clause 3, Article 3 (other than those prescribed at Point c, Clause 3, Article 3) of this Decree.
3. Chairpersons of provincial-level People's Committees shall be vested with the right to impose:
a) Issue warnings;
b) Impose fines up to VND 75,000,000;
c) Revoke the right to use a license or practising certificate for a definite period of time or suspend operations for a definite period of time;
d) Confiscate material evidence and means used for administrative violations;
dd) Apply the remedial measure prescribed in Clause 3 Article 3 of this Decree.
Article 43. Competence of the People’s Public Security Forces to impose penalties
1. People's Public Security officers while performing official duties shall be vested the right to:
a) Issue warnings;
b) Impose fines up to VND 500,000.
2. Heads of the company-level Mobile Police units, the station chiefs, and the team leaders of the persons prescribed in Clause 1 of this Article shall be vested the right to:
a) Issue warnings;
b) Impose fines up to VND 1,500,000.
3. Chiefs of commune-level police, Chiefs of police stations, Chiefs of Border Gate Police Stations or Export Processing Zone Police Stations, and battalion commanders of Mobile Police battalions shall be vested the right to:
a) Issue warnings;
b) Impose fines up to VND 2,500,000;
c) Confiscate material evidence and means used for administrative violations valued at not more than VND 5,000,000;
d) Apply remedial measures prescribed at Point a, Point b, Clause 3, Article 3 of this Decree.
4. Chiefs of district-level police; Heads of professional divisions of the Traffic Police Department; Heads of professional divisions of the Police Department for Administrative Management of Social Order; division-level heads under the provincial-level Police Departments including: Head of the Police Division for Administrative Management of Social Order, Head of the Traffic Police Division, Head of the Mobile Police Division, Commander of the Mobile Police Regiment shall be vested the right to:
a) Issue warnings;
b) Impose fines up to VND 15,000,000;
c) Revoke the right to use a license or practising certificate for a definite period of time or suspend operations for a definite period of time;
d) Confiscate material evidence and means used for administrative violations valued at not more than VND 30,000,000;
dd) Apply remedial measures prescribed in Clause 3, Article 3 (other than those prescribed at Point c, Point d, Clause 3, Article 3) of this Decree.
5. Directors of provincial-level Police Departments shall be vested the right to:
a) Issue warnings;
b) Impose fines up to VND 37,500,000;
c) Revoke the right to use a license or practising certificate for a definite period of time or suspend operations for a definite period of time;
d) Confiscate material evidence and means used for administrative violations;
dd) Apply remedial measures prescribed in Clause 3, Article 3 (other than those prescribed at Point c, Clause 3, Article 3) of this Decree.
6. The Director of the Traffic Police Department, the Director of the Police Department for Administrative Management of Social Order, and the Commander of the Mobile Police Command shall be vested the right to:
a) Issue warnings;
b) Impose fines up to VND 75,000,000;
c) Revoke the right to use a license or practising certificate for a definite period of time or suspend operations for a definite period of time;
d) Confiscate material evidence and means used for administrative violations;
dd) Apply remedial measures prescribed in Clause 3, Article 3 (other than those prescribed at Point c, Clause 3, Article 3) of this Decree.
Article 44. Competence of specialized inspectors to impose penalties
1. The inspectors or the persons tasked with the specialized inspection during the performance of official duties shall be vested with the right to:
a) Issue warnings;
b) Impose fines up to VND 500,000;
c) Confiscate material evidence and means used for administrative violations valued at not more than VND 1,000,000;
d) Apply remedial measures prescribed at Point a, Point b, Clause 3, Article 3 of this Decree.
2. The Chief Inspectors of the provincial-level Departments of Transport shall be vested the right to:
a) Issue warnings;
b) Impose fines up to VND 37,500,000;
c) Revoke the right to use a license or practising certificate for a definite period of time or suspend operations for a definite period of time;
d) Confiscate material evidence and means used for administrative violations valued at not more than VND 75,000,000;
dd) Apply remedial measures as prescribed in Clause 3, Article 3 of this Decree.
3. The Chief Inspectors of provinces and municipalities (in localities where the Inspectorates of the provincial-level Departments of Transport are not established) shall be vested the right to:
a) Issue warnings;
b) Impose fines up to VND 52,500,000;
c) Revoke the right to use a license or practising certificate for a definite period of time or suspend operations for a definite period of time;
d) Confiscate material evidence and means used for administrative violations valued at not more than VND 105,000,000;
dd) Apply remedial measures as prescribed in Clause 3, Article 3 of this Decree.
4. The Chief Inspector of the Ministry of Transport, the Director of the Vietnam Road Administration, the Director of the Vietnam Register shall be vested the right to:
a) Issue warnings;
b) Impose fines up to VND 75,000,000;
c) Revoke the right to use a license or practising certificate for a definite period of time or suspend operations for a definite period of time;
d) Confiscate material evidence and means used for administrative violations;
dd) Apply remedial measures as prescribed in Clause 3, Article 3 of this Decree.
Article 45. Principles for determining the competence to impose penalties on administrative violations and apply remedial measures
1. The principles for determining the competence to impose penalties on administrative violations related to road traffic order and safety and apply respective remedial measures shall comply with Article 52 of the Law on Handling of Administrative Violations.
2. The competence of the positions prescribed in Article 42, Article 43, and Article 44 of this Decree empowers them to impose penalties on single administrative violations committed by individuals; in cases where a fine is imposed, their competence to impose such a penalty on an organization is double that applicable to an individual.
3. In cases where an individual or organization commits any of the violations as prescribed in Clause 2, Clause 4, Article 20; Clause 5, Clause 6, Article 32 of this Decree, the determination of the minimum and maximum levels of the fine bracket for the violation shall be based on the minimum and maximum levels of the fine bracket prescribed for each excess person multiplied by the number of persons transported de facto by the vehicle.
Article 46. Competence to draw up written records of administrative violations related to road traffic order and safety
1. The positions with competence to impose penalties on administrative violations related to road traffic order and safety are prescribed in Article 42, Article 43 and Article 44 of this Decree.
2. Civil servants of the Inspectorates of the provincial-level Departments of Transport who are performing official duties and tasks shall have the competence to draw up written records of violations occurring within localities under the management of the respective Inspectorates.
Section 2
PROCEDURES FOR IMPOSING PENALTIES
Article 47. Procedures and principles for imposing penalties on vehicle owners and drivers that violate regulations related to road traffic order and safety
1. In cases where the owner of the violating vehicle is present at the scene of the violation, the competent authority shall, based on the violation, draw up a written record of the administrative violation and impose a penalty in accordance with the law regulations.
2. In cases where the owner of the violating vehicle is not present at the scene of the violation, the competent authority shall, based on the violation, draw up a written record of administrative violation against the vehicle owner and proceed to impose a penalty in accordance with the law regulations. The vehicle driver must sign such written record of the administrative violation as a witness.
3. If the violators of two different violations prescribed in different articles of Chapter II of this Decree are the same person, he/she shall be penalized as follows:
a) In cases where the vehicle owner drives his/her own vehicle to commit any of the violations of regulations on license plates, vehicle registration certificates, temporary vehicle registration certificates that are prescribed in Article 13 (Point a, Clause 4; Point a, Clause 6; Point a, Point b, Clause 7; Point a, Clause 8), Article 14 (Point a, Point b, Point c, Clause 2; Point a, Clause 3), and Article 16 (Point a, Clause 1; Point a, Point c, Point d, Point dd, Clause 2) and correspondingly prescribed in Article 32 (Point dd, Point e, Point h, Clause 8; Point dd, Clause 9; Point a, Point b, Clause 12; Point d, Clause 13), a respective penalty as prescribed in Article 32 of this Decree shall prevail;
b) In cases where the vehicle owner drives his/her own vehicle to commit any of the violations of regulations on certificates and stamps of vehicle periodic technical inspection for technical safety and environmental protection that are prescribed in Article 13 (Point a, Clause 5; Point a, Point b, Clause 6), Article 16 (Point dd, Clause 1; Point b, Point dd, Clause 2) and correspondingly prescribed in Article 32 (Point b, Point dd, Clause 9; Point a, Clause 11), a respective penalty as prescribed in Article 32 of this Decree shall prevail;
c) In cases where the vehicle owner drives his/her own vehicle to commit any of the violations of regulations on continuous driving time and rest periods, and badges that are prescribed in Article 20 (Point d, Clause 6, Clause 7), Article 21 (Point b, Clause 5; Point c, Clause 6) and correspondingly prescribed in Article 32 (Point d, Clause 9, Point dd, Clause 11), a respective penalty as prescribed in Article 32 of this Decree shall prevail;
d) In cases where the vehicle owner drives his/her own vehicle to commit the violation of regulations on vehicle useful life that is prescribed in Article 13 (Point a, Clause 9) and correspondingly prescribed in Article 32 (Point c, Clause 17), a respective penalty as prescribed at Point c, Clause 17, Article 32 of this Decree shall prevail;
dd) In cases where the individual engaged in transport business drives the vehicle by him/herself to commit the violation of regulations on vehicle useful life that is prescribed in Article 13 (Point c, Clause 5) and correspondingly prescribed in Article 26 (Point i, Clause 7), a respective penalty as prescribed at Point i, Clause 7, Article 26 of this Decree shall prevail;
e) In cases where the vehicle owner drives his/her own vehicle to commit any of the violations of regulations on cargo body or luggage compartment (cargo compartment) size, or addition or removal of seats and bunk-beds on motor vehicles that are prescribed in Article 13 (Point d, Clause 3, Point b, Clause 4) and correspondingly prescribed in Article 32 (Point d, Clause 11, Point h, Clause 14), a respective penalty as prescribed in Article 32 of this Decree shall prevail;
g) In cases where the individual engaged in transport business drives the vehicle by him/herself to commit any of the violations of regulations on installation and use of tachographs and driver image digital video recorders that are prescribed in Article 20 (Point l, Clause 5, Point dd, Clause 6), Article 21 (Point b, Clause 3, Point c, Clause 5), Article 27 (Point c, Clause 1, Point a, Clause 3) and correspondingly prescribed in Article 26 (Point c, Point g, Clause 7), a respective penalty as prescribed in Article 26 of this Decree shall prevail;
h) In cases where the vehicle owner drives his/her own vehicle to commit any of the violations of regulations on installation and use of tachographs and driver image digital video recorders that are prescribed in Article 29 (Clause 1, Clause 3), Article 30 (Clause 1, Clause 2) and correspondingly prescribed in Article 32 (Point m, Point n, Clause 7), a respective penalty as prescribed in Article 32 of this Decree shall prevail;
i) In cases where the individual engaged in transport business drives the vehicle by him/herself to commit any of the violations of regulations on seat belts and provision of traffic safety and emergency evacuation in case of an incident on the vehicle to passengers, which are prescribed in Article 20 (Point h, Point i, Clause 3) and correspondingly prescribed in Article 26 (Point c, Clause 2, Point dd, Clause 4), a respective penalty as prescribed in Article 26 of this Decree shall prevail;
k) In cases where the individual engaged in transport business drives the vehicle by him/herself to commit any of the violations of regulations on passenger pickup and drop-off, and cargo loading and unloading that are prescribed in Article 20 (Clause 8), Article 21 (Clause 9) and correspondingly prescribed in Article 26 (Point c, Clause 8), a respective penalty as prescribed at Point c, Clause 8, Article 26 of this Decree shall prevail;
l) In cases where the vehicle owner drives his/her own vehicle to commit any of the violations of regulations special equipment and tools for roadside rescue and assistance that are prescribed in Article 29 (Clause 2) and correspondingly prescribed in Article 32 (Point o, Clause 7), a respective penalty as prescribed at Point o, Clause 7, Article 32 of this Decree shall prevail;
m) In cases where the individual engaged in transport business drives the vehicle by him/herself to commit the violation of regulations recording images of preschool children and students, and equipment with functions to warn and prevent children from being left behind on the vehicle that is prescribed in Article 27 (Point b, Clause 3) and correspondingly prescribed in Article 26 (Point b, Clause 6), a respective penalty as prescribed at Point b, Clause 6, Article 26 of this Decree shall prevail;
n) In cases where the individual engaged in transport business drives the vehicle by him/herself to commit any of the violations of regulations on the paint colors and identification signs or markings of vehicles transporting preschool children and students that are prescribed in Article 27 (Point c, Point d, Clause 3) and correspondingly prescribed in Article 26 (Point c, Point d, Clause 6), a respective penalty as prescribed in Article 26 of this Decree shall prevail;
o) In cases where the vehicle owner drives his/her own vehicle to commit any of the violations of regulations on the transport of oversized or overweight goods, or exceeding the permissible passenger capacity that are prescribed in Article 20, Article 21, Article 22, Article 34 and correspondingly prescribed in Article 32, a respective penalty as prescribed in Article 32 of this Decree shall prevail;
p) In cases where the vehicle owner drives his/her own vehicle to commit the violation of regulations on the transport of goods being means of transport, machinery, technical equipment, and cylindrical goods that are prescribed in Article 21 (Point a, Clause 10) and correspondingly prescribed in Article 32 (Point dd, Clause 13), a respective penalty as prescribed at Point dd, Clause 13, Article 32 of this Decree shall prevail;
q) In cases where the individual engaged in transport business drives the vehicle by him/herself to commit the violation of regulations on posting of information (itineraries) that is prescribed in Article 20 (Point k, Clause 3) and correspondingly prescribed in Article 26 (Point g, Clause 4), a respective penalty as prescribed at Point g, Clause 4, Article 26 of this Decree shall prevail;
r) In cases where the individual engaged in transport business drives the vehicle by him/herself to commit the violation of failing to adhere to posted information (routes, schedules, transport itineraries) that is prescribed in Article 20 (Point c, Clause 3) and correspondingly prescribed in Article 26 (Point b, Clause 7), a respective penalty as prescribed at Point b, Clause 7, Article 26 of this Decree shall prevail;
s) In cases where the individual engaged in transport business drives the vehicle by him/herself to commit any of the violations of regulations on transport orders and freight documents that are prescribed in Article 20 (Point e, Clause 5), Article 21 (Point dd, Clause 2) and correspondingly prescribed in Article 26 (Point dd, Clause 2), a respective penalty as prescribed at Point dd, Clause 2, Article 26 of this Decree shall prevail;
t) In cases where the individual engaged in transport business drives the vehicle by him/herself to commit the violation of regulations on transport of dangerous goods without cleaning or removing (erasing) the dangerous goods placards on the vehicles when no longer transporting such goods that is prescribed in Article 23 (Clause 1) and correspondingly prescribed in Article 26 (Point e, Clause 2), a respective penalty as prescribed at Point e, Clause 2, Article 26 of this Decree.
4. Regarding violations of regulations on load and dimension limits for vehicles and roads as prescribed in Article 21 and Article 34 of this Decree, in cases where the vehicle owner or the driver concurrently commits a violation prescribed in Article 21 and another prescribed in Article 34 of this Decree, he/she shall be subject to separate penalties for each violation. Regarding violations prescribed at Point a, Clause 4 and Point a, Clause 5, Article 34 of this Decree, in cases where the vehicle owner or the driver concurrently commits a violation of regulations on total weight (gross vehicle weight) and a violation of regulations on axle load, he/she shall be subject to the higher fine among them.
5. Regarding violations of regulations on use of the carriageway and footpaths for other purposes, on environmental protection, transport of passengers in excess of the permissible passenger capacity of the vehicle, violations of regulations on payload and dimension limits for vehicles and roads, violations of lashing and securing of goods as prescribed in Article 12, Article 17, Article 20, Article 21, Article 26, Article 32, and Article 34 of this Decree, the vehicle driver, vehicle owner, commercial transport service provider or transport supporting service provider, individual or organization that violates the regulations or is loading the goods onto the vehicle shall be compelled to stop the violation, as in the following specific cases:
a) If he/she/it commits any of the violations prescribed at Point g, Clause 2; Clause 7; Clause 9; Point a, Clause 11; Point b, Clause 14, Article 12, he/she/it shall be compelled to clear away rice, paddy, straw, stubble, agricultural, forestry, and aquatic products, and rice threshing machines on the road; clear away obstacles, other obstructions, sharp objects, slippery substances on the road, goods, supplies, chemicals, and waste; clear away vehicles, machinery, equipment, signs, and billboards as instructed by the authority at the location where the violation is detected;
b) If he/she/it commits any of the violations prescribed in Clause 2, Clause 3, Clause 4, Article 17, he/she/it shall be compelled to collect and clear away the trash, waste, materials, and goods as instructed by the authority at the location where the violation is detected;
c) If he/she/it commits any of the violations prescribed at Point a, Point b, Point d Clause 2; Point a, Point d Clause 5; Point a, Point b Clause 6; Clause 7; Point a, Point b Clause 8 Article 21, he/she/it shall be compelled to adjust the cargo in excess of the payload or unload the oversized cargo as instructed by the authority at the location where the violation is detected;
d) If he/she/it commits any of the violations prescribed at Point a, Clause 1; Clause 3; or Clause 5, Article 26 and the vehicle is loaded with goods but still remains in the loading area, he/she/it shall be compelled to adjust the cargo in excess of the payload;
dd) If he/she/it commits violations prescribed at Point dd, Point e, Point g, Clause 7; Point c, Clause 9; Point b, Point c, Clause 11; Point a, Point b, Point c, Clause 13; Point a, Point b, Point c, Point d, Point dd, Point e, Point g, Clause 14; Clause 15; Point a, Point b, Clause 16; Point g, Clause 17, Article 32, he/she/it shall be compelled to adjust the cargo in excess of the payload or unload the oversized cargo as instructed by the authority at the location where the violation is detected;
e) If he/she/it commits any of the violations prescribed in Clause 1; Clause 2; Point a, Point c, Point d, Clause 3; Clause 4; Clause 5 Article 34, he/she/it shall be compelled to unload the cargo in excess of the payload or adjust the size of the oversized cargo as instructed by the authority at the location where the violation is detected;
g) If he/she/it commits any of the violations prescribed in Clause 2, Clause 4, Article 20; Clause 5, Clause 6, Point d, Point dd, Clause 17, Article 32, he/she/it shall be compelled to arrange another vehicle to transport the excess passengers more than the permissible passenger capacity;
h) If he/she/it commits any of the violations prescribed in Clause 1, Point dd, Clause 8, Clause 10 of Article 21, he/she/it shall be compelled to secure the cargo in accordance with the regulations; unload the cargo from the cab roof; latch or close (fasten) the rear and side doors of the cargo body; and utilize container locking mechanisms in accordance with the regulations.
6. The vehicle owner subject to a penalty under this Decree may be any of the following:
a) An individual or organization whose name is on the vehicle registration certificate;
b) The vehicle driver, in cases where the vehicle driver is the husband (wife) of the individual whose name is on the vehicle registration certificate;
c) An individual or organization leasing the vehicle, if the vehicle is leased under financial leasing arrangements with an financial leasing organization;
d) A cooperative, if the vehicle is owned by a cooperative member and registered by the cooperative for motor vehicle transport business;
dd) An organization or individual that has the legal right to use the vehicle (under a written vehicle rental contract with another organization or individual or a business cooperation contract as prescribed by the law regulations) and carries out the procedures for registering such vehicle for motor vehicle transport business, roadside rescue service business, or ambulance business under his/her/its name;
e) An individual or organization that purchased, transferred, exchanged, gifted, or inherited the vehicle, if the procedures for re-grant of a vehicle registration certificate and license plate for such vehicle in case of change of the vehicle owner in accordance with the regulations is not initiated, or such procedures have not been completed;
g) The owner of the motor vehicle (whether an individual or organization as prescribed at Point a of this Clause, or an individual or organization as prescribed at Point b, Point c, Point d, Point dd, or Point e of this Clause), in cases where any violation is committed in relation to the towed trailer or semi-trailer in a combination of vehicles (comprising a motor vehicle towing a trailer or semi-trailer on the road) while in traffic and the owner of the motor vehicle is not the owner of the towed trailer or semi-trailer.
7. When imposing a penalty on a vehicle owner as prescribed in Clause 6 of this Article, the time limit for issuing a penalty decision may be extended to verify the party subject to the penalty in accordance with Clause 1, Article 66 of the Law on Handling of Administrative Violations.
8. In cases where an administrative violation is detected through the use of professional technical equipment and devices, but the competent authority cannot immediately stop the vehicle to impose a penalty:
a) The competent authority shall send a notice requesting the vehicle owner and related individuals and organizations (if any) to appear at the headquarters of the authority or unit of the person with competence to impose a penalty on the administrative violation to address the violation. Such notice shall be issued in writing or electronically via a mobile traffic application for citizens (hereinafter referred to as the "mobile traffic application"), which is developed, managed, and operated by the Ministry of Public Security when the necessary infrastructure, technology, and information conditions allow so; meanwhile, information on the violating vehicle shall be updated on the website of the Traffic Police Department;
b) The vehicle owner is obliged to cooperate with the authorities to identify the person who drove the vehicle to commit the violation.
In cases where the vehicle owner is an individual, if he/she fails to cooperate with the authorities, or cannot prove or explain that he/she is not the person who drove the vehicle to commit the violation, he/she shall be penalized for the violation detected;
In cases where the vehicle owner is an organization, if it fails to cooperate with the authorities or fails to give explanations to identify the person who drove the vehicle to commit the violation, it shall be penalized as the organization that committed the violation detected, unless the vehicle is illegally appropriated or used;
c) The transfer of results collected by professional technical equipment and devices to the competent person to draw up a written record of the administrative violations and issue a decision to impose a penalty on the administrative violation shall comply with the Government’s regulations on the list, the management and use of professional technical equipment and devices and the process of collecting and using data collected from technical equipment and devices provided by individuals and organizations to detect administrative violations.
9. A person with the competence to impose penalties may use information in the Database on Road Traffic Order and Safety as prescribed by the Law on Road Traffic Order and Safety, the Law on Handling of Administrative Violations, and the Law on Measurement as grounds for determining the violation against an individual or organization committing any of the violations prescribed in this Decree.
10. Verification in order to detect violations specified at Point a, Clause 3, and Point h, Clause 7, Article 32 of this Decree shall be conducted through traffic accident investigations and resolution, vehicle registration procedures, and the handling of administrative violations at the headquarters of the relevant unit.
11. In case the deadline for handling the violation recorded in the written administrative violation record or in the penalty notice of the competent authority is overdue or the deadline for executing the penalty decision has passed but the owner of the violating vehicle or the violator has not yet addressed the violation in accordance with the regulations or has not complied with the penalty decision, the competent authority imposing the penalty shall send a notice to the register office (for vehicles subject to periodic inspection and registration regulations), or the vehicle registration authority or the driver licensing authority (if the violator has been identified). Such notice shall be issued in writing or electronically through connection and data sharing if the infrastructure, technical and information conditions allow so.
a) Before conducting vehicle inspection or registration, granting, exchanging, or re-granting the driver's licenses, the register officer, the vehicle registration authority, or the driver licensing authority shall be responsible for looking up data on violating vehicles and violators notified by the Traffic Police;
b) In cases where, after looking up data as prescribed at Point a of this Clause, it finds out information about the violating vehicle or the violator, the vehicle inspection or registration shall not be conducted, or the driver's license shall not be granted, exchanged or re-granted to the violator;
c) After the vehicle owner or violator has addressed the violation in accordance with the regulations, the competent authority must immediately send a written notice to the register office, the vehicle registration authority, or the driver's licensing authority or connect and share such data, if the infrastructure, technology, and information conditions allow so, in order for the vehicle inspection or registration to be conducted or the driver's license to be granted, exchanged, or re-granted in accordance with the regulations.
12. Decisions to impose penalties on administrative violations, decisions on temporary seizure of exhibits, means, licenses, practising certificates following administrative procedures, and other forms related to imposition of penalties on administrative violations shall sent in compliance with the Law on Handling of Administrative Violations to violators via their accounts registered on the National Public Service Portal or the Ministry of Public Security's Public Service Portal (hereinafter referred to as the Public Service Portal), or their electronic identification accounts on the national identification application, or traffic applications on their mobile devices when infrastructure, technology, and information conditions allow so.
Article 48. Temporary seizure of devices and documents related to the drivers, and impoundment of the violating vehicles
1. In order to immediately prevent the administrative violation, the competent person may impound the vehicle before issuing a decision to impose a penalty as prescribed at Point b, Clause 1, Clause 2, Clause 8, Article 125 of the Law on Handling of Administrative Violations on any of the violations prescribed in the following articles, clauses, and points of this Decree:
a) Point g, Clause 5; Point c, Clause 6; Point b, Clause 7; Point a, Clause 9; Point a, Point b, Point c, Point d, Clause 11; Clause 12; Clause 14, Article 6;
b) Point a, Clause 6; Point b, Clause 7; Point b, Clause 8; Point a, Point b, Point d, Point dd, Point e, Point g, Point h, Point i, Point k, Clause 9; Clause 11, Article 7;
c) Point c, Clause 6; Point a, Clause 7; Point b, Clause 8; Point a, Point b, Point c, Point d, Clause 9, Article 8;
d) Point p, Clause 1; Point d, Clause 3; Point b, Point c, Point d (in cases where the violator is under 16 years of age and driving the vehicle), Clause 4; Clause 5, Article 9;
dd) Clause 10 (in cases where the violator is the vehicle driver); Point a, Clause 14 (in cases where the violator is the vehicle driver), Article 12;
e) Point a, Clause 4; Point a, Point b, Clause 5; Clause 6; Point b, Clause 7; Point a, Clause 8; Clause 9, Article 13;
g) Point a, Point b, Clause 2; Point a, Clause 3; Clause 4, Article 14;
h) Point a, Point dd, Clause 1; Point b, Point c, Point d, Point dd, Clause 2; Clause 3, Article 16;
i) Clause 1; Point a, Clause 4; Clause 5; Clause 6; Clause 7; Clause 8; Clause 9, Article 18;
k) Clause 2, Article 19;
l) Point b, Point dd, Point e, Point h, Clause 8; Point b, Point dd, Clause 9; Clause 10; Point a, Clause 11; Point a, Point b, Point d, Clause 12; Point d, Clause 13; Point i, Clause 14; Point c, Clause 16; Clause 17, Article 32;
m) Point b, Clause 5, Article 34;
n) Clause 3, Article 35;
o) Other violations prescribed in this Decree that require immediate prevention, where failing to impound the vehicle would result in serious consequences for society.
2. To ensure the enforcement of the decision to impose a penalty on the administrative violation or to verify the circumstances to serve as the grounds for issuing the penalty decision, the competent authority may decide to impound the violating vehicle and temporarily seize documents related to the driver violating any of the violations prescribed in this Decree in accordance with Point a, Point c, Clause 1; Clause 2; Clause 6; Clause 7; Clause 8, Article 125 of the Law on Handling of Administrative Violations. When the documents are temporarily seized in accordance with Clause 6, Article 125 of the Law on Handling of Administrative Violations, if the violator fails to address the violation within the time limit stated in the written record of administrative violation and continues to drive the vehicle or get the vehicle on the road, he/she/it shall be imposed the penalties prescribed for failing to have such documents.
3. The case where, at the time of inspection, the driver cannot present one, some or all of the documents (his/her driver's license, the vehicle registration certificate (or a certified copy of a vehicle registration certificate with the original letter of acknowledgment from a credit institution or foreign bank branch in cases where the credit institution or foreign bank branch holds the original vehicle registration certificate), the certificate of vehicle periodic technical inspection for technical safety and environmental protection) as prescribed (paper copy or information of such documents integrated in his/her electronic identification account) shall be solved as follows:
a) The competent person shall draw up a written record of administrative violation against the vehicle driver for not having the document (the respective type of documents that cannot be presented), and at the same time draw up a written record of administrative violation against the vehicle owner for the respective violation as prescribed in Article 32 of this Decree and impound the vehicle in accordance with the regulations;
b) Within the time limit for addressing the violation stated in the written record of administrative violation, if the driver of the vehicle engaged in transport business presents the documents or information of the documents integrated in his/her electronic identification account as prescribed, the competent person shall issue a decision to impose a penalty on the violation of failing to carry the document by the driver and shall not impose such penalty on the vehicle owner;
c) Within the time limit for addressing the violation stated in the written record of administrative violation, if the violator (unless otherwise prescribed at Point b of this Clause) presents the documents or information of the documents integrated in his/her electronic identification account as prescribed, the competent person shall not issue a decision to impose a penalty on the administrative violation of failing to have the document or failing to carry the document, and shall not enforce such penalty on the vehicle owner;
d) If the violator presents the documents or information of the documents integrated in his/her electronic identification account as prescribed after the deadline for addressing the violation stated in the written record of administrative violation, or fails to present such documents, he/she shall comply with the penalty decision prescribed by the regulations for the violation stated in the written record.
4. When a vehicle is impounded in accordance with Clause 1, Clause 2, Clause 3 of this Article, the vehicle owner must bear all costs (if any) for employing another alternative vehicle to transport persons and goods on the impounded vehicle.
In cases where a vehicle is impounded due to committing an administrative violation but the driver or the owner of the vehicle is not present at the scene of the violation or is present but fails to neither obey the request of the person with the impoundment competence nor meet the requirements and conditions as prescribed to drive the vehicle, or the technical safety and environmental protection requirements as prescribed by the regulations are not met, the person with competence to temporarily seize the vehicle shall move the violating vehicle to the impoundment lot as prescribed. If the conditions do not allow so, the person with impoundment competence may hire an organization or individual to move the vehicle. The driver or the owner of the violating vehicle must bear the costs of moving the vehicle to the impoundment lot.
Section 3
SEQUENCE, PROCEDURES, AND COMPETENCE TO DEDUCT OR REINSTATE DRIVER’S LICENSE POINTS
Article 49. Data on points, deduction and reinstatement of driver's license points
The data on points, deduction and reinstatement of driver's license points shall be managed and stored in the electronic environment, in the database on handling administrative violations related to road traffic order and safety that is built, managed, and operated by the Ministry of Public Security.
Article 50. Principles, competence, sequence and procedures for deducting driver’s license points
1. Principles for deducting driver’s license points
a) Driver's license points shall be deducted immediately after the effective date of the decision to impose a penalty on the administrative violation which results in the deduction of driver's license points in accordance with this Decree;
b) In cases where an individual commits multiple administrative violations, or repeats one administrative violation, and is penalized in a single instance, if 02 or more violations thereof result in deduction of driver's license points in accordance with the regulations, the deduction of driver's license points shall only be applied to the violation resulting in the highest point deduction;
c) In cases where the remaining points of a driver's license are less than the points to be deducted, all remaining points of such driver's license shall be deducted;
d) If a driver commits an administrative violation and, in accordance with the regulations, is subject to deduction of points of his/her driver’s license, which combines an indefinite license (for driving motorcycles and vehicle similar to a motorcycles) and a definite license (for driving motor vehicles, vehicle similar to a motor vehicles, four-wheeled motor-driven vehicles for the transport of persons, and four-wheeled motor-driven vehicles for the transport of goods), the person with the competence to impose the penalty shall deduct the points of the indefinite license, when such driver drives a motorcycle or a vehicle similar to a motorcycle, or the points of the definite license, when such driver drives a motor vehicle, a vehicle similar to a motor vehicle, a four-wheeled motor-driven vehicle for the transport of persons, or a four-wheeled motor-driven vehicle for the transport of goods;
dd) No points shall be deducted from a driver's license during the period the right to use such the driver's license is revoked.
2. Competence to deduct driver's license points
The person with competence to impose the penalty of revocation of the right to use a license or practising certificate for a period of time or suspension of operations for a period of time as prescribed in Chapter II, Part Two of the Law on Handling of Administrative Violations, Section 1, Chapter III of this Decree and with competence to impose a penalty on the administrative violation for which the points are deducted from the driver's license shall have the competence to deduct such points from the driver's license for such violation.
3. Sequence and procedures for deducting driver’s license points
a) Immediately after the decision to impose a penalty on an administrative violation comes into effect, the data on the deduction of driver's license points of the penalized person shall be automatically updated in the database on handling administrative violations related to road traffic order and safety. The person with the competence to deduct the driver's license points shall send a notice of such deduction to the person whose driver's license points are deducted.
In cases where the Chairperson of a district-level People's Committee or the Chairperson of a provincial-level People's Committee issues a decision to impose a penalty on an administrative violation which results in the deduction of driver's license points, the Chief of the respective district police or the Head of the Traffic Police Division under the respective provincial-level Police Department shall be responsible for updating the data on such deduction of driver's license points into the database on handling administrative violations related to road traffic order and safety;
b) The notice of deduction of driver's license points shall be issued in writing using the form prescribed by the Minister of Public Security and delivered by hand or sent by post or notified electronically through the citizen account registered on the Public Service Portal, the traffic application on the mobile device when the infrastructure, technology, and information conditions allow so; meanwhile, information on the driver's license with points deducted shall be updated on the website of the Traffic Police Department. In cases where the driver's license is presented in the form of a data message, the competent authority or person shall update the status of the driver's license point deduction in the electronic identification card and electronic identification account on the national identification application.
Article 51. Competence, sequence and procedures for reinstating driver's license points
1. Competence to reinstate driver's license points
a) The Director of the Traffic Police Department shall be responsible for managing and operating the database on handling administrative violations related to road traffic order and safety to update and automatically reinstate driver's license points in the cases prescribed in Clause 2 of this Article;
b) The Director of the Traffic Police Department, Heads of the provincial-level Traffic Police Divisions in the localities where the tests on legal knowledge on road traffic order and safety are organized shall have the competence to reinstate points of driver's licenses in the cases prescribed in Clause 3 of this Article.
2. The process and procedures for reinstating driver's license points in cases where the driver’s license has not been completely depleted of points and no points have been deducted within a period of 12 months from the most recent deduction
a) When the period of 12 months has passed since the date of the most recent deduction, all 12 points of the driver's license shall be automatically reinstated (even if the right to use the driver's license is currently being revoked) and updated in the database on handling administrative violations related to road traffic order and safety;
b) Immediately after the driver's license points are reinstated, the database on handling administrative violations related to road traffic order and safety shall automatically send a notice of such point reinstatement to the person whose driver's license points are reinstated in accordance with Point c of this Clause;
c) The notice of reinstatement of driver's license points shall be issued electronically through the citizen account registered on the Public Service Portal, or the traffic application on the mobile device; meanwhile, information on the driver's license with points reinstated shall be updated on the website of the Traffic Police Department. In cases where the driver's license is presented in the form of a data message, the status of the driver's license point reinstatement shall be updated in the electronic identification card and electronic identification account on the national identification application.
3. The process and procedures for reinstating driver's license points in cases where all driver's license points have been deducted
a) After the holder of the driver's license whose all points are deducted takes and passes the test on legal knowledge on road traffic order and safety and the test results are updated into the software for testing legal knowledge on road traffic order and safety and synchronized onto the database on handling administrative violations related to road traffic order and safety, all 12 points of the driver's license shall be reinstated and automatically updated in the database on handling administrative violations related to road traffic order and safety;
b) Immediately after all 12 driver's license points are reinstated, the competent person prescribed at Point b, Clause 1 of this Article shall send a notice of such point reinstatement to the person whose driver's license points are reinstated;
c) The notice of reinstatement of driver's license points shall be issued in writing using the form prescribed by the Minister of Public Security and delivered by hand, sent by post, or notified electronically through the citizen account registered on the Public Service Portal, the traffic application on the mobile device; meanwhile, information on the driver's license with points reinstated shall be updated on the website of the Traffic Police Department. In cases where the driver's license is presented in the form of a data message, the competent authority or person shall update the status of the driver's license point reinstatement in the electronic identification card and restoration identification account on the national identification application.
Chapter IV
IMPLEMENTATION PROVISIONS
Article 52. Amendment and supplementation of a number of articles of the Government’s Decree No. 100/2019/ND-CP dated December 30, 2019 prescribing penalties for administrative violations related to road and railway traffic, of which a number of articles have been amended and supplemented under the Government’s Decree No. 123/2021/ND-CP dated December 28, 2021 amending and supplementing a number of articles of the Decrees prescribing penalties for administrative violations related to maritime; road and railway traffic; civil aviation
1. To add Clause 2a following Clause 2, Article 1 as follows:
“2a. The forms and levels of penalty, and remedial measures for each administrative violation; the competence to draw up written records, the competence to impose penalties, the specific fines to be imposed by each position in relation to road traffic order and safety shall comply with the Decree on penalties for administrative violations of road traffic order and safety; deduction and reinstatement of driver's license points”.
2. A number of points of Clause 6, Article 28 are amended and supplemented as follows:
a) Point d, Clause 6, Article 28 is amended and supplemented as follows:
“d) Failing to properly implement the registered and posted regulations regarding: fares; service prices; quality standards of transport services and supporting transport services;”;
b) Point i, Clause 6, Article 28 is amended and supplemented as follows:
“i) Driving a vehicle engaged in transport business with its quality ineligible for the registered type of business;”.
3. Point a and Point b, Clause 10, Article 28 are amended and supplemented as follows:
“a) Revocation of the right to use the badge (if any, or that already granted) for a period of between 01 months and 03 months if he/she commits any of the violations prescribed at Point a, Point b, Point d, Point dd, Point h, Point l, Point o, Point p, Point r, Point s, Point t, Clause 4; Point d, Point i, Point k, Point l, Point n, Point q, Clause 6; Point e, Clause 7 of this Article;
b) Revocation of the right to use the driver's license for a period of between 01 months and 03 months if he/she commits any of the violations prescribed at Point i, Point k, Clause 4; Point h, Clause 6; Point b, Clause 7 of this Article;”.
4. Point h, Clause 11, Article 28 is amended and supplemented as follows:
“h) Forcible installation of a fare meter and invoice printing device on the vehicle in accordance with the regulations if he/she commits a violation of the provisions at Point n, Clause 6 of this Article;”.
5. A number of points and clauses of Article 74 are amended and supplemented as follows:
a) Point b, Clause 2, Article 74 is amended and supplemented as follows:
“b) Point a, Point b, Point d, Point dd, Clause 2; Point b, Point c, Point d, Point e, Clause 3; Clause 4; Point b, Clause 5; Point a, Point b, Point c, Point d, Point h, Clause 6, Article 12;”;
b) Point e, Clause 2, Article 74 is amended and supplemented as follows:
“e) Point a, Point b, Point c, Point d, Point dd, Point i, Clause 2; Point a, Point b, Point c, Point d, Point dd, Point p, Clause 4; Point d, Point i, Point n, Point q, Clause 6; Point a, Point b, Point c, Clause 7, Article 28;”;
c) Point g, Clause 2, Article 74 is amended and supplemented as follows:
“g) Article 31;”;
d) Point m, Clause 5, Article 74 is amended and supplemented as follows:
“m) Point a, Point b, Point c, Point d, Point dd, Point i, Clause 2; Point b and c, Clause 3; Point a, Point b, Point c, Point d, Point dd, Point h, Point i, Point k, Point l, Point m, Point n, Point o, Point p, Point r, Point s, Point t, Clause 4; Point a, Point b, Point d, Point h, Point i, Point k, Point l, Point n, Point q, Clause 6; Point a, Point b, Point c, Point d, Point e, Point g, Point k, Clause 7; Point c and d, Clause 8, Article 28;”;
dd) Point o, Clause 5, Article 74 is amended and supplemented as follows:
“o) Article 31;”.
6. A number of points and clauses of Article 80 are amended and supplemented as follows:
a) Point i, Clause 3, Article 80 is amended and supplemented as follows:
“i) In cases where the individual engaged in transport business drives the vehicle by him/herself to commit any of the violations of the fare regulations that are prescribed in Article 23 (Point l, Clause 3), Article 31 (Clause 2, Clause 3) and correspondingly prescribed in Article 28 (Point d, Clause 6), a respective penalty as prescribed at Point d, Clause 6, Article 28 of this Decree shall prevail;”;
b) Point l, Clause 3, Article 80 is amended and supplemented as follows:
h) In cases where the individual engaged in transport business drives the vehicle by him/herself to commit any of the violations of regulations on passenger transport under contracts that are prescribed in Article 23 (Point n, Clause 5) and correspondingly prescribed in Article 28 (Point p, Clause 4), a respective penalty as prescribed in Article 28 of this Decree shall prevail;
c) Clause 5, Article 80 is amended and supplemented as follows:
“5. For violations of regulations on transport of passengers in excess of the load capacity of the vehicle, violations of regulations on vehicle payload and road load capacity as prescribed in Article 65 of this Decree, the vehicle driver, vehicle owner, transport business, transport supporting service provider, individual or organization that loads the goods onto the railway vehicle shall be forced to stop the violation in accordance with the following specific regulations:”.
7. Clause 4, Article 82 is amended and supplemented as follows:
“4. When a vehicle is impounded in accordance with Clause 2 of this Article, the vehicle owner must bear all costs (if any) for employing another alternative vehicle to transport persons and goods on the impounded vehicle.”.
8. The following points, clauses and articles are repealed:
a) Clause 1, Article 3 is repealed;
b) Point b, Point e, Point g, Point k, Point l, Point m, Point q, Point r, Point t, Point u, Point v, Point x, Point y, Clause 2, Article 4 are repealed;
c) Point a, Clause 1, Article 4a is repealed;
d) Article 5, Article 6, Article 7, Article 8, Article 9, Article 10 and Article 11 are repealed;
dd) Clause 1; Point c, Clause 2; Point a, Point dd, Clause 3; Point c, Point d, Clause 5; Point e, Point g, Point i, Clause 6; Clause 7; Point a, Clause 8, Article 12 are repealed;
e) Article 16, Article 17, Article 18, Article 19, Article 20, Article 21 and Article 22 are repealed;
g) Point a, Clause 1; Clause 2; Point a, Point b, Point c, Point d, Point dd, Point e, Point g, Point h, Point k, Point m, Point n, Clause 3; Clause 4; Point a, Point b, Point c, Point d, Point dd, Point e, Point h, Point i, Point k, Point l, Point m, Point o, Point p, Point q, Clause 5; Clause 6; Clause 7; Clause 7a, Article 23 are repealed;
h) Clause 1; Clause 2; Clause 3; Point b, Point c Clause 4; Clause 5; Clause 6; Clause 7; Clause 8; Clause 8a; Clause 9 Article 24 are repealed;
i) Article 25, Article 26 and Article 27 are repealed;
k) Clause 1; Point e, Point g, Point h, Clause 2; Point a, Clause 3; Point a, Point e, Point g, Point q, Clause 4; Clause 5; Point c, Point dd, Point e, Point g, Point m, Point o, Point p, Clause 6; Point dd, Point h, Point i, Clause 7; Point a, Point b, Clause 8; Clause 9; Point c, Point d, Point dd, Clause 10; Point c, Point d, Point i, Clause 11, Article 28 are repealed;
l) Article 29, Article 30, Article 32, Article 33, Article 34, Article 35, Article 36, Article 37 and Article 38 are repealed;
m) Point a, Point dd, Point h, Clause 2; Point a, Point b, Point c, Point d, Point g, Point h, Point i, Clause 3; Point a, Point b, Point c, Point d, Point dd, Point e, Point i, Point k, Point l, Clause 4; Point a, Point b, Point c, Point d, Point dd, Point g, Point h, Point i, Point k, Point l, Point n, Point p, Point q, Clause 5; Clause 6; Point a, Point c, Point d, Clause 8, Article 74 are repealed;
n) Point a, Point b, Point c, Point d, Point dd, Point e, Point g, Point h, Point k, Point n, Clause 3; Clause 4; Point a, Point b, Point c, Point d, Point e, Clause 5; Clause 8; Clause 10; Clause 12, Article 80 are repealed;
o) Point b, Point g, Point h, Point i, Clause 1; Clause 6, Article 81 are repealed;
p) Clause 1, Clause 3, Article 82 are repealed.
9. Several phrases are removed from the following points, clauses and articles:
a) The phrase “camera”, the phrase “seat belt” and the phrase “tachograph” are removed from Point p, Clause 2, Article 4;
b) The phrase “Point a” is removed from Point c, Clause 1, Article 4a;
c) The phrase “Illegal use of urban carriageway and sidewalks to hold markets; provide food and beverage services; display and sell goods; repair vehicles, machinery and equipment; wash vehicles; place and hang signs and billboards;” and the phrase “except for violations prescribed at Point d, Point dd, Point e, Point g, Clause 6; Clause 7; Point a, Clause 8 of this Article” are removed from Point b, Clause 5, Article 12;
d) The phrase “Article 9, Article 10, Article 11,” is removed from Point dd, Clause 3, the phrase “Article 32, Article 34;” is removed from Point k, Clause 3, the phrase “Point a, Clause 2, Article 16; Point a, Clause 6, Article 23; Point a, Clause 2, Article 32” is removed from Clause 3a and the phrase “Point a, Clause 1,” is removed from Point g, Clause 4 of Article 74.
Article 53. Effect
1. This Decree takes effect on January 01, 2025, except for those prescribed in Clause 2 of this Article.
2. Point m, Clause 3, Article 6, Point e, Clause 4, Article 26, Point b, Clause 1, Article 27 of this Decree shall take effect from January 01, 2026; Point b, Clause 1, Article 32 of this Decree shall take effect in accordance with the law on environmental protection regarding emission inspection of motorcycles and mopeds.
Article 54. Transitional provisions
1. In cases where an administrative violation of road traffic order and safety took place and has been completed before the effective date of this Decree and is later detected or is being considered for penalties, the penalties under the Decree in effect at the time the violation was committed shall prevail.
2. In cases where an administrative violation is ongoing, penalties under the decree in effect at the time such violation is detected shall prevail.
Article 55. Responsibilities for implementation
Ministers, heads of ministerial-level authorities, heads of Government-attached agencies, chairpersons of People's Committees of provinces and municipalities, relevant authorities and units shall be responsible for implementing this Decree./.
| ON BEHALF OF THE GOVERNMENT |
VIETNAMESE DOCUMENTS
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ENGLISH DOCUMENTS
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