Decree No. 171/2013/ND-CP dated November 13, 2013 of the Government on penalties for road administrative traffic offences and rail transport offences

THE GOVERNMENT

Decree No.171/2013/ND-CPdated November 13,2013of the Government on penalties for road administrative traffic offences and rail transport offences

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

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

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

Pursuant tothe Law on Rail transport dated June 14, 2005;

At the request of the Minister of Transport;

The Government promulgates a Decreeon penalties foradministrative road traffic offences and rail transport offences,

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation

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

2.For administrative violations pertaining road traffic and rail transport that are not mentioned in this Decree, other Decrees on administrative penalties for corresponding violations shall apply.

Article 2. Subjects of application

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

2.The persons that have the power to impose penalties.

3.Relevant organizations and individuals.

Article 3. Interpretation of terms

In this Decree, the terms below are construed as follows:

1.Road traffic:

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

b) A car means a motor vehicle that has two axles and four or more wheels, the engine and cargo bed of which are on the same chassis.

c)A motorcyclemeans a motor vehicle that hastwo or threewheels, thecapacityengineof which is 50cm³or over. The maximum speed of a motorcycle exceeds 50 km/h, and the net weight of which does not exceed 400 kg.

d) An electric motorcycle means a two-wheel vehicle run by an electric engine of which the power does not exceed 4 kW. The maximum speed of an electric motorcycle does not exceed 50 km/h;

dd)A mopedmeans a motor vehicle that hastwo or threewheels,the maximum speed of which does not exceeds 50 km/h, except for the vehicles in Point e f this Clause;

e) Motored bicycle means a two-wheel bicycle that is equipped with an engine. The maximum speed of an electric bicycle is 25 km/h. A motor bicycle is operational with its engine off.

2.Rail transport:

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

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

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

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

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

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

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

h)Crossing length means the length of the part of road that crosses the railway line and lies between two barriers, orthe distance between twoouter railsof the bridge plus (+) 06 meters to both sides if nobarriersare available.

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

Article 4. Remedial measures

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

a) Restoration of original conditions that have been changed by the violations.

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

c)Elimination of environmental pollution caused by the violations;

d) Removal from Vietnam or re-export of vehicles;

dd) Return of the illegal profits earned by committing the violations;

e) Other remedial measures mentioned in Chapter II and Chapter III of this Decree.

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

Chapter 2.

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

SECTION 1. VIOLATIONS AGAINST TRAFFIC RULES

Article 5. Penalties incurred by operators and passengers on cars that violate traffic rules.

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

a) Disobeying the signs and road markings, except for the violations mentioned in Point a, Point h, Point i, Point k Clause 2; Point a, Point d, Point dd, Point e, Point l Clause 3; Point a, Point b, Point c, Point d, Point dd, Point i, Point k Clause 4; Point a, Point c, Point d Clause 5; Point a Clause 6; Point a Clause 7 of this Article;

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

b)Turningwithout yielding tooncoming vehicles, the pedestrians and wheelchairs of the disabled that cross the street at other positions than crosswalks;

d) Stopping or parking without signaling;

dd) Parking on a carriageway without putting danger signs as prescribed, unless parking is allowed at that position.

e) No signs in front of the towing vehicle and behind the towed vehicle; the towing vehicle and towed vehicle are not firmly connected; the tractor-trailer does not have a sign as prescribed;

g) Causing a collision with the vehicle ahead due to failure to keep a safe distance; failing to keep the safe distance in accordance with the “Safe distance” sign, except for the violations mentioned in Point I Clause 4 of this Article;

h) Failing to comply with the regulations on yielding at intersections, except for the violations mentioned in Point d and Point dd Clause 2 of this Article;

i) Honking causing noise that affects the serenity in the urban area or residential area from 10 pm to 5 am, except for emergency vehicles;

k) The operator or passenger in the front seat fails to fasten the seat belt while the vehicle has seat belts.

l) Carrying a passenger in the front seat not fastening the seat belt (if available) while the vehicle is running.

2. A fine of from 300,000 VND to 400,000 VND shall be imposed forone of the following violations:

a)Changing lanes while prohibited or without signaling,except for the violations mentioned in PointiClause 4 of this Article;

b) Operating the vehicle at a lower speed than that of other vehicles in the same direction without moving to the right of the carriageway, unless the other vehicles are speeding;

c) Allowing more people to seat in the cockpit than the permissible limit;

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

dd) Failing to let another vehicle to overtake at their request when it is safe to do so; failing to yield to vehicles in the emergency lane or on major roads at the intersection.

e) The emergency vehicle on duty does not have proper audible and/or visual warnings;

g) Stopping, parking on the carriageway outside urban areas where the sidewalk is spacious; stopping or parking away from the right curb where the sidewalk is narrow or unavailable; parking on a slope without choking the wheels; opening doors carelessly or leaving doors unsafely open.

h) Failing to stop the vehicle along the sidewalk on the right side, or the right wheel is more than 0.25 m away from the side walk; stopping on the tramway or bus lane; stopping right above a manhole, cable duct opening, at a fire hydrant, or where the “No stopping or parking” sign applies; get out of the driving position or turning off the engine while stopping; stopping or parking at improper positions where parking space is provided; stopping or parking at the crosswalk;

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

k) Making an u-turn at a crosswalk, on a bridge, at a bridge approach, under an overpass or underpass, on a narrow road, sloping road, or curved roads where view is blocked, or where the “No u-turn” sign applies;

l) Reversing the vehicle on a one-way road, where stopping is prohibited, at a crosswalk, at an intersection with another road or railway, where view is blocked; reversing the vehicle without observation or without warnings;

m) Involving in an accident without stopping the vehicle, protecting the crash scene, or giving first aid to the victims, except for the violations in Point b Clause 6 of this Article.

3. A fine of from 600,000 VND to 800,000 VND shall be imposed for one of the following violations:

a) Exceeding the speed limits by 5 km/h but less than 10 km/h;

b)Honking, revving up the engine, using air horns or high beam inthe urban area or residential area, except for emergency vehicles;

c) Turning without slowing down or signaling;

d) Making an u-turn at an intersection with a railway line; failing to comply with regulations on stopping or parking at intersection with railway; stopping or parking within the railway safety perimeter, except for the violations in Point b Clause 2 and Point b Clause 3 of Article 48 of this Decree;

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

h) Failing to stop the vehicle along the sidewalk on the rightside, or thedistance from theright wheelto the sidewalk exceeds0.25 m; stopping on the tramway or bus lane; stopping right above a manhole, cable duct opening, at a fire hydrant; parking where the “No parking” sign or“No stopping or parking” signapplies; parkingon the sidewalk against the law;

g) Failing to use sufficient lighting at night or in a foggy or bad weather when visibility is short; using the high beam when facing oncoming vehicles, except for the violations mentioned in Point d Clause 5 of this Article;

h)Usingaudible and/or visual warningsof an emergency vehicle on a non-emergency vehicle;

i) Using a car to tow two or more vehicles, push another vehicle, tow a non-motorized vehicle, motorcycle, moped, or drag stuff on the road; using a tractor-trailer to tow another trailer or car;

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

l) Failing to comply with the traffic lights, except for the violations mentioned in Point k Clause 4 of this Article.

4. A fine of from 800,000 VND to 1.200,000 VND shall be imposed for one of the following violations:

a) Going through a road tunnel without using the lower beam; reversing, making an u-turn in a road tunnel; stopping, parking, overtaking at improper positions in a road tunnel;

b) Entering blocked roads, restricted areas; going wrong way on the one-way road, except for emergency vehicles on duty;

c) Failing to keep the vehicle to the right; going in the wrong lane;

d) Operating the vehicle at a lower speed than the lowest permissible speed;

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

e) Disobey the orders or instructions of traffic conductors;

g) Failing to yield to or obstructing emergency vehicles that are sending out emergency signals;

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

i) Breaking the rules when entering or leaving the highway, when running in the emergency lane or on the shoulder of the highway, when stopping or parking on the highway; making an u-turn, reversing on the highway; changing lanes at improper positions or without signals; disobeying the signs indicating the safe following distance on the highway;

k) Keep going when the traffic lights have turned red, unless the vehicle has crossed the stop line before the traffic lights turn yellow.

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

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

b) Operating the vehicle on the road with blood alcohol content below thelevelsmentioned in Point b Clause 7 and Point a Clause 8 of this Article;

c) Overtaking where overtaking is prohibited; overtaking without signal; overtaking on the right side of another vehicle without permission, unless the vehicles in the right lane are permitted to run faster than those in the left lane;

d) Dodging oncoming vehicles improperly; failing to yield to oncoming vehicles where the road is narrow, sloping, or obstructed.

6. A fine of from 4,000,000 VND to 6,000,000 VND shall be imposed for one of the following violations:

a)Exceeding the speed limits by more than20 km/hto35 km/h;

b)Causing an accident without stopping, protecting the scene, informing the competent authority, or giving first aid to the victim.

7. A fine of from 7,000,000 VND to 8,000,000 VND shall be imposed for one of the following violations:

a) Exceeding the speed limits by more than 35 km/h; going wrong way on a highway, except for emergency vehicles on duty;

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

c) Causing accidents due to lack of observation or speeding; causing accidents due to improper dodging or overtaking, or failure to keep a safe following distance;

d)Weaving, speeding and chasing on the road.

8. A fine of from 10,000,000 VND to 15,000,000 VND shall be imposed for one of the following violations:

b) Operating the vehicle whileBACexceeds 80 mg per 100 ml of blood, orBrACexceeds0.4 mg per liter of breath;

b)Disobeying the traffic conductor’s or duty officer’s order for alcohol or drug testing.

9.A fine of from 15,000,000 VND to 20,000,000 VND shall be imposed for the violations in Point d Clause 7 of this Article that lead to a traffic accident, or for failing to stop on duty officers’ order.

10.The driving license shall be suspended for 24 months (if any) or a fine of from 8,000,000 VND to 10,000,000 VND shall be imposed (if the operator does not have a driving license or his driving license is suspended) for operating the vehicle on the road under the influence of drugs.

11.Apart from fines, the operators that commit the violations shall also incur the following additional penalties:

a)The illegal horns, flags, and lights shall be confiscated when the violations in Point h Clause 3 of this Article are committed;

b)The driving license shall be suspended for 01 month when the violations in Point h Clause 3, Point b, Point c, Point e, Point i, Point k Clause 4, Point b Clause 5, Point a Clause 6 of this Article are committed;

c) The driving license shall be suspended for 02month when the violationsinPoint i Clause 3,Point a, Point g, Point h Clause 4,Point c Clause 5,Point b Clause 6,Clause 7, andClause 8 this Article are committed;The driving license shall be suspended for 02 months if the violations in Point a, Point b, Point c, Point d, Point dd, Point e, Point g, Point h Clause 1, Point a, Point b, Point d, Point g, Point h, Point i, Point k, Point l Clause 2, Point c, Point d, Point dd, Point e, Point g, Point h, Point l Clause 3, Point b, Point c, Point e, Point i, Point k Clause 4, and Point b Clause 5 of this Article lead to an accident;

d) The driving license shall be suspended for 04month when the violationsin Clause 9 of this Article are committed, or the violations in Point d Clause 7 of this Article are recommitted.

Article 6. Penalties incurred by operators and passengers onmopeds and motorcycles (including electric motorcycles)

1. A fine of from 60,000 VND to 80,000 VND shall be imposed for:

a)Disobeyingthe signs and road markings, except for the violations mentioned in Point a, Pointdd, Point h Clause 2; Point c, Pointdd, Point h, Point o Clause 3; Point c, Point d, Point e, Point g, Point i Clause 4; Point a, Point c, Point d Clause 5; PointddClause 6; Point d Clause 7of this Article;

b) No signaling before overtaking;

c) Failing to keep a safe distance that leads to a collision with the vehicle ahead; failing to keepasafe distance in accordance with the sign “Safe distance”;

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

dd)Turningwithout yielding tooncoming vehicles, the pedestrians and wheelchairs of the disabled that cross the street at other positions than crosswalks;

e) Reversing motor tricycles without observation or signaling;

g) Using a high beam when facing oncoming vehicles;

h) Using an umbrella, cell phone, or audio device other than hearing aid devices; using an umbrella when sitting on the vehicle;

i)Breaking the ruleson yielding at intersections, except for the violations mentioned in Point d Clause 2and Point b Clause 3of this Article.

2. A fine of from 80,000 VND to 100,000 VND shall be imposed for one of the following violations:

a) Changing lanes while prohibited or without signaling;

b) Going three abreast or more;

c) Failing to turn on the lights at night, in fog, or in bad weather when visibility is restricted;

d) Failing tolet another vehicle to overtakewhenit issafeto do so; failing to yield to vehicles in the emergency lane or on major roads attheintersection.

dd) Dodgingothervehicles improperly; failing to yield to oncoming vehicles where the road is narrow, sloping, or obstructed;

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

g) The emergency vehicle on duty does not have proper audible and/or visual warnings;

h) Making a u-turn where u-turn is not permitted.

3. A fine of from 100,000 VND to 200,000 VND shall be imposed for:

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

d) Failing to reduce speed and yield whenentering a majorroadfrom an alley or a minor road;

c)Exceeding the speed limits by5 km/hbut less than10 km/h;

dd) Going slowly without moving to the right of the carriageway and thus obstruct the traffic;

dd) Obstructing the traffic when stopping, parking on the road; stopping in groups of 03 vehicles or more on the road, bridge, or in a road tunnel; parking on the road or on the sidewalk in urban areas against the law;

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

g) Using audible and/or visual warnings of an emergency vehicle on anon-emergencyvehicle;

h) Stopping, parking on the tramway, at the bus stop, on the bridge, at the intersection, at crosswalks, stopping where the “No stopping and parking” sign applies, parking where the “No parking” sign or “No parking or stopping” sign applies; breaking the rules on stopping and parking at intersection with the railway; stopping or parking within the railway safety perimeter, except for the violations mentioned in Point b Clause 2 and Point b Clause 3 Article 48 of this Decree;

i) The operator or the passenger on the vehicle does not wear motorcycle helmets or does not wear motorcycle helmets properly;

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

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

m)Involving in an accident without stoppingthe vehicle, protectingthecrash scene, or givingfirst aid to the victims, except for the violations in PointdClause 6 of this Article.

n) The vehicle is operated by the person sitting in the backseat, unless the person sitting in the front seat is a child;

o) Failing to comply with the traffic lights, except for the violations mentioned in Point k Clause 4 of this Article.

4. A fine of from 200,000 VND to 400,000 VND shall be imposed for:

a)Turningwithout slowing down or signalling;

b) Carrying 03 people or more;

c) Keep going when the traffic lights have turned red, unless the vehicle hascrossedthe stop line before the traffic lights turn yellow;

d) Operating the vehicle at a lower speed than the lowest permissible speed;

dd) Going in groups and thus obstructing the traffic, except for the cases permitted by competent authorities;

e) Entering the highway, except for the vehicles serving the management and maintenance of the highway;

g) Failing to keep the vehicletothe right;goinginthewronglane or on the sidewalk;

h) Overtaking on the right side when prohibited;

i) Entering blocked roadsorrestricted areas; going wrong way on a one-wayroad, except for emergency vehicles on duty;

k) Pulling or pushing another vehicle or item while sitting on the vehicle; leading animals or carrying bulky item while sitting on the vehicle; standing on the seat, on the cargo bracket, or sitting on the handle; loading cargo to the vehicle beyond permissible limits; towing another vehicle or item;

l) Exceeding the GVWR written in the Certificate of vehicle registration (if the GVWR is stated);

m) Disobeyingthe orders or instructions of traffic conductors;

5. A fine of from 500,000 VND to 1,000,000 VND shall be imposed for one of the following violations:

a)Exceeding the speed limits by10 km/h-20 km/h above the speed limits;

b) Operating the vehicle while alcohol content in blood or breath exceeds 50 - 80 mg per 100 ml of blood, or exceed 0.25 - 0.4 mg per liter of breath;

c)Overtaking when prohibited, except for the violations in Point h Clause 4 of this Article;

d)Going through a tunnel without using thelower beam;making an u-turnin a road tunnel; stopping, parking, overtaking at improper positions in a road tunnel;

dd) Failing to yield to or obstructing emergency vehicles that are sending out emergency signals.

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

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

b) Disobeying traffic conductor’s or duty officer’s order for alcohol or drug testing;

c) Causing accidents due to lack of observation or speeding; causing accidents due to improper overtakingor lane changing;

d) Causing an accident without stopping, protecting thecrashscene, informing the competent authority, or giving first aid to the victim;

dd)Exceeding the speed limits by more than20 km/h;

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

7. A fine of from 5,000,000 VND to 7,000,000 VND shall be imposed for one of the following violations:

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

b)Weaving in or outside urban areas;

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

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

8. A fine of from 10,000,000 VND to 14,000,000 VND shall be imposed for the violations in Point d Clause 7 of this Article that lead to a traffic accident, or forfailing to stop onduty officers’ order.

9. The driving license shall be suspended for 24 months (if any) or a fine of from 2,000,000 VND to 3,000,000 VND shall be imposed (if the operator does not have a driving license or his driving license is under suspension) for operating the vehicle on the road under the influence of drugs.

10. Apart from fines, the operators that commit the violations shall also incur the following additional penalties:

a) The illegal horns, flags, and lights shall be confiscated when the violations in PointgClause 3 of this Article are committed;

b) The driving license shall be suspended for 01 month when the violationsin Point b, Point c, Point i and Point m Clause 4, Point b Clause 5, and Point dd Clause 6of this Article are committed;

c) The driving license shall be suspended for02month when the violationsinPointddClause 5,Point a, Point b, Point c, Point d, Point e Clause 6, andClause 7ofthis Article are committed;the driving license shall be suspended for 04 months and the vehicle shall be impounded for recommitting the violations in Clause 7 of this Article.The driving license shall be suspended for 02 months if the violations in Point a, Point c, Point d, Pointdd, Point e, Point g, Point h Clause 1; Point b, Point c, Point d, Pointdd, Point h Clause 2; Point a, Pointdd, Point g, Point h, Point o Clause 3; Point b, Point c, Point e, Point g, Point i, Point k, Point m Clause 4; Point b, Point d Clause 5 of this Article lead to an accident;

d) The driving license shall be suspended for 04 month when the violations in Clause8of this Article arerecommitted.

Article 7. Penalties incurred by operatorsof tractors and specialized motorcyclesthat violate traffic rules

1. A fine of from 80,000 VND to 100,000 VND shall be imposed for:

a)Disobeyingthe signs and road markings, except for the violations mentioned in Point a, Point c, Point d, Point dd, Point e Clause 2; Point a, Point b, Point c, Point i Clause 3; Point a, Point b, Point dd, Point e, Point h Clause 4; Point a, Point b Clause 5;

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

c)Turningwithout yielding to theoncomingvehicles, the pedestrians and wheelchairs of the disabled that cross the street at other positions than crosswalks.

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

a)Making an u-turnat a crosswalk, on a bridge, at a bridge approach, under an overpass or underpass, on a narrow road, sloping road, or curved roads with poor visibility, orwhere the“No u-turn” signapplies;

b) Reversing the vehicle on a one-way road, where stopping is prohibited, at a crosswalk, at an intersection with another road or railway, where view is blocked; reversing the vehicle without observation or without warnings;

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

d) Stopping, parkingon the carriageway outside urban areaswhere the sidewalk is spacious; stopping or parking away from the right curb where the sidewalk is narrow or unavailable;stopping or parking at improper positions where parking positions are provided; parking on a slope without chocking the wheels; stopping where the “No stopping and parking” sign applies; parking where the “No parking” sign “or “No parking or stopping” sign applies;

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

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

d) Stopping or parking without signaling;

h)Occupying part of the carriageway when parking on the street without putting danger signs as prescribed, unless parking at permissible positions.

i)Parking on thesidewalk against the law in urban areas.

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

a)Exceeding the speed limits by5 km/hbut less than10 km/h;

b) Entering blocked roads, restricted areas; going wrong way on a one-way road;

c) Failing to keep the vehicletothe right;goinginthewrong lane, except for the violations mentioned in Point dd Clause 4 of this Article;

d)Continuouslyhonking, revvingthe engine, usingthe highbeam in the urban area or residential area, except for emergency vehicleson duty;

dd) Failing toyieldto or obstructing emergency vehicles that are sending out emergency signals;

e) Failing toyield to vehiclesin the emergency lane or on major roads at intersections.

g) Failing to use sufficient lighting at night or in a foggy or bad weather when visibility is short; using the full beam whenfacing oncoming vehicles;

h) Involving in an accident without stopping the vehicle, protecting the crash scene, or giving first aid to the victims, except for the violations in PointbClause 6 of this Article.

i) Failing to comply with the traffic lights, except for the violations mentioned in PointhClause 4 of this Article.

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

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

b) Operating the vehicle at a lower speed than the lowest permissible speed;

c) Operating specialized motorcycles the maximum speed of which is below 70 km/h and agricultural tractors on the highway, except for the vehicles and equipment serving the management and maintenance of the highway;

d) Operating the vehicle on the roadunder the influence of alcohol but thean alcohol contentisbelow thelevelsmentioned in PointaClause 6 and Point a Clause 7 of this Article;

dd) Breaking the rules when entering or leaving thehighway, when running in the emergency lane or on theshoulderof the freeway, when stopping or parking on thecarriageway of the highway;making an u-turn, reversing on thehighway; changing lanes at improper positions or without signals; disobeying the signs indicating the safe following distance on thehighway;

e)Making a u-turnat an intersection withtherailwayline;breaking the ruleson stopping or parking at intersection withtherailway; stopping or parking within the railway safetyperimeter, except for the violations in Point b Clause 2 and Point b Clause 3 of Article 48 of this Decree;

g) Disobeyingthe orders or instructions of traffic conductors;

h) Keep going when the traffic lights have turned red, unless the vehicle hascrossedthe stop line before the traffic lights turn yellow.

5. A fine of from 800,000 VND to 1,000,000 VND shall be imposed for:

a)Exceeding the speed limits by more than20 km/h;

b)Going through aroad tunnelwithout turning on the lights; reversing,making a u-turnin a road tunnel; stoppingorparking at improper positions in a road tunnel;

c) Failing to take safety measures when the vehicle breaks down at an intersection withtherailway.

6. A fine of from 1,000,000 VND to 3,000,000 VND shall be imposed for:

a) Operating the vehicle whileBACexceeds 50 - 80 mg per 100 ml of blood, orBrACexceeds0.25 - 0.4 mg per liter of breath;

b) Causing an accident without stopping, protecting the scene, informing the competent authority, or giving first aid to the victim.

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

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

b) Disobeying traffic conductor’s or duty officer’s order for alcohol or drug testing.

8.The license to drive tractors, the certificate of training in traffic rules (for specialized bikes) shall be suspended for 24 months, or a fine of from 3,000,000 VND to 5,000,000 VND shall be imposed (if the license to drive tractors or certificate of training is not available or is suspended) for operating the vehicle under the influence of drugs.

9. Apart from fines, the operators that commit the violations shall also incur the following additional penalties:

b) The licenseto drive tractor or the certificate of training in traffic rulesshall be suspended for 01 month when the violationsinPoint a, Point c, Point d, Pointdd, Point g Clause 4,Clause 5; Point a Clause 6 of this Article are committed;

b) The license to drive tractor or the certificate of training in traffic rules shall be suspended for 02month when the violationsClause 1, Clause 2, Clause 3, Clause 4, Clause 4 andPoint a Clause 6 of this Articlelead to an accident, or the violations mentioned in Point b Clause 6 and Clause 7 of this Article are committed;

Article 8. Penalties incurred by operators and passengers onbicycles, motored bicycles, and other non-motorized vehicles sthat violate traffic rules

1. Awarning  or afine of from 50,000 VND to 60,000 VND shall be imposed for:

a) Failing to keep the vehicletothe right;goinginthewronglane;

b) Stopping suddenly; turning without signaling;

c) Disobeying the traffic lights, road signs, or road markings, except for the violations mentioned in Point b, Point h Clause 2, and Point e Clause 4 of this Article;

d) Overtaking on the rightsidewhen prohibited;

dd) Stopping, parking on thecarriageway outside urban areas wheresidewalks are available;

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

g) Going two abreast or three abreast (for bicycles or motored bicycles),

h) Using an umbrellaorcell phonewhile operating the bicycle or motored bicycle; using an umbrella when sitting on thebicycle or motored bicycle;

i) Operating the non-motorized vehicle at night without lights or reflectors.

2. A fine of from 60,000 VND to 80,000 VND shall be imposed for one of the following violations:

a)Placing the vehicle on the road against the law;Obstructing the traffic when stoppingorparking on the road; parking on thetramway or on the bridge and thus obstructing the traffic;

b)Breaking the rules on stopping or parking at intersectionswith the railway,except for the violations in Point b Clause 2 and Point b Clause 3 of Article 48 of this Decree;

c) Failing to let other vehicles to overtake at their request when it is safe to do so; preventing motor vehicles from overtake; obstructing emergency vehicles;

d) Using trolleys as street kiosks and thus obstructing the traffic;

dd) Failing to yield to vehicles in the emergency lane or on major roads at intersections;

e) Carrying more people than permissible number, unless the person being carried needs emergency care;

g) Loading cargo to the vehicle beyond permissible limits; stacking goods unsafely, or in a way that obstruct the traffic and block the operator’s view;

k) Keep going when the traffic lights have turned red, unless the vehicle has exceed the stop line before the traffic lights turn yellow.

3. A fine of from 80,000 VND to 100,000 VND shall be imposed for:

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

b)Disobeying the orders or instructions of traffic conductors;

c) Pulling or pushing another vehicle or item; carrying bulky items; towing another vehicle or item.

4. A fine of from 100,000 VND to 200,000 VND shall be imposed for:

a)Weaving,speeding and chasing on the road;

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

c) Causing an accident without stopping, protecting the crash scene, informing the competent authority, or giving first aid to the victim;

d) The operator or the passenger on themotored bicycle not wearingmotorcycle helmets properlyor wearinghelmets improperly;

dd) Carrying a personon a motored bicycle whodoes not wear the motorcycle helmetor does not wear the helmet properly, unless that person needs urgents medical care, is under 06 years of age, or a criminal being escorted;

e) Entering blocked roadsorrestricted areas; going wrong way on a one-way road; entering the highway,except forthevehiclesserving the management and maintenance of the highway;

5.Apart from fines, the vehicle operator that recommits the violations in Point a or Point b Clause 4 of this Article also has their vehicle confiscated.

Article 9. Penalties incurred by pedestrians that violate traffic rules

1. Awarning or afine of from 50,000 VND to 60,000 VND shall be imposed for:

a)Going in the wrong lane,except for the violations mentioned in PointbClause 2 of this Article;

b) Disobeying traffic lights, road signs, or road markings;

c) Disobeying the orders or instructions of traffic conductors;

2. A fine of from 60,000 VND to 80,000 VND shall be imposed for:

a) Carrying bulky cargo that obstructs the traffic;

b) Crossing the median strip; crossing the street unsafely or at improper positions;

c) Hanging from a moving vehicle;

3.A fine of from 80,000,000 VND to 120,000,000 VND shall be imposed upon pedestrians that enter the highway, except for the persons in charge of management and maintenance of the highway.

Article 10. Penalties incurred bythose thatviolate traffic ruleswhile riding, leading animals, or operating of animal-powered vehicles

1. Awarning orfine of from 50,000 VND to 60,000 VND shall be imposed for:

a) Failing to give way; failing to give hand signals when making a turn;

b) Disobeying traffic lights, road signs, or road markings;

c) Failing to clean up waste matters of animals on the street.

2. A fine of from 60,000 VND to 80,000 VND shall be imposed for:

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

b) Allowing animals to walk on the road or cross the street by themselves;

c) Going two abreast or more;

d) Leaving animals drawing a vehicle without a rider;

dd) Using the vehicle without signals.

3. A fine of from 80,000 VND to 100,000 VND shall be imposed for:

a) Disobeying the orders or instructions of traffic conductors;

b) Causing noise that affects the serenity in urban areas from 10 pm to 5 am;

c) Leading animals while operating or sitting in/on a road vehicle.

4. A fine of from 100,000 VND to 120,000 VND shall be imposed for:

a) Loading cargo to the vehicle beyond permissible limits;

b) Entering the highway against the law.

5.Apart from incurring the penalties, the person that commits the violations in Point a Clause 4 of this Article shall also be compelled to remove the excess amount of goods or rearrange the goods properly.

Article 11. Penaltiesfor other violations againsttraffic rules

1. An individual shall incur a fine of from 100,000 VND to 200,000 VND; an organization shall incur a fine of from 200,000 VND to 400,000 VND when committing one of the following violations:

a) Airing out rice, straw, or other agricultural products on the road;

b) Gathering, sitting, lying on the road and thus obstructing the traffic;

c) Playing sports illegally on the road; using roller skates, skateboards and the likes on the carriageway.

2. An individual shall incur a fine of from 200,000 VND to 400,000 VND; an organization shall incur a fine of from 400,000 VND to 800,000 VND when committing one of the following violations:

a) Holding a market, trading goods on the street outside urban areas;

b) Placing things that block road signs or traffic lights.

3. An individual shall incur a fine of from 500,000 VND to 1,000,000 VND; an organization shall incur a fine of from 1,000,000 VND to 2,000,000 VND when committing one of the following violations:

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

b) Raising ornamental gates or other structures within the area of the road that disturb the road order and safety;

c)Illegally raising bannerswithin the area the road that disturb the road order and safety;

d) Placing, hanging advertising boards within the area of the road outside urban areas;

dd) Failing to give first aid to victims of road accidents on request;

e)Dumping garbage or discharging sewage on the street or in road tunnels against the law,except for the violations mentioned inPoint b Clause 4of this Articleand Clause 5 Article 20 of this Decree.

4. An individual shall incur a fine of from 2,000,000 VND to 4,000,000 VND; an organization shall incur a fine of from 4,000,000 VND to 8,000,000 VND when committing one of the following violations:

a) Illegally building, placing platforms or pedestals on the street; breaking, removing curbs, repairing sidewalks without permission;

b) Discharging sewage from construction sites to the street;

c) Deliberately changing the crash scene, except for the violations mentioned inPoint m Clause 2, Point b Clause 6 Article 5,Point m Clause 3, Point d Clause 6 Article 6,Point h Clause 3, Point b Clause 6 Article 7,Point c Clause 4 Article 8of this Decree.

5.A fine of from 5,000,000 VND to 7,000,000 VND shall be imposed upon the individual that commits one of the following violations:

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

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

c) Taking advantage of the accident to attack, threaten, inciting, harassing, other people, disturb the order, or obstructing the investigation.

6.Apart from the penalties, the individual or organization that commits the violations in Point a Clause 1, Clause 2, Points b, c, d, and e Clause 3, Point a Clause 4, and Point a Clause 5 of this Article shall be compelled to remove the illegal construction; remove the obstacles, collect the garbage and items that occupy the road, collect the nails and pointed things, and recover the original condition that has been changed by the violations.

SECTION 2. VIOLATIONS AGAINST REGULATIONS ON ROAD INFRASTRUCTURE

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

1.A warning or a fine of from 100,000 VND to 200,000 VND shall be imposed upon street vendors and other vendors on the road surface and on the sidewalks where street vendors are prohibited, except for the violations mentioned in Point c Clause 3 and Point e Clause 4 of this Article.

2. A fine of from300,000 VND to400,000 VND shall be imposed upon the individual, a fine of from 600,000 VND to 800,000 VND shall be imposed upon the organization that commits one of the following violations:

a) Using the land within the road safety corridor for farming purposes that affect the safety of the construction and the traffic;

b) Blocking the view of road users when planting trees within the land are for road traffic;

c) Illegally occupying the median strip to provide parking services, selling goods, or placing building materials, except for the violations mentioned in Point a and Point d Clause 4 of this Article.

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

a) Illegally building houses within the land area for road traffic outside urban areas;

b)Putting up booths, gates, fences, walls, or other types of temporary works within the land area for road traffic, except for the violations mentioned in Point dd Clause 4 and Point a Clause 5 of this Article;

c) Holding market, selling goods and services, placing signboards, advertising board, or roofs on the road surface or sidewalk to sell goods and services against the law and thus obstructing the traffic, except for the violations mentioned in Point d, Point dd, Point e, Point g Clause 4; Point b Clause 5; and Point a Clause 6 of this Article;

d) Illegally occupying less than 5 m²of the road surface or sidewalk to provide parking services.

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

a) Placing, discharging materials or wastes within the land area road traffic, except for the violations mentioned in Clause 5 Article 20 of this Decree;

b) Digging, leveling land within the road safety corridor without permission;

c) Adding information to road signs that is irrelevant to the their meanings and purposes;

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

dd) Putting up booths, or other kinds of temporary works in the road tunnel, overpass, pedestrian underpass, or under the overpass;

e) Placing, selling machinery, equipment, building materials on the road surface or sidewalk; manufacturing or processing goods on the road surface or sidewalk;

g) Illegally occupyingfrom5 m²to < 10 m²of the road sufface or sidewalk to provide parking services.

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

a) Illegally building houses within the landareafor road trafficinurban areas;

b) Illegally occupying from10 m²to <20 m²of the road sufface or sidewalk to provide parking services.

6. A fine of from 10,000,000 VND to 15,000,000 VND shall be imposed upon the individual, a fine of from 20,000,000 VND to 30,000,000 VND shall be imposed upon the organization that commits one of the following violations:

a) Illegally occupyingmore than 20m²of the road sufface or sidewalk to provide parking services;

b) Putting up advertising boards in the road safety corridor without written approval by competent authorities;

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

7. A fine of from 15,000,000 VND to 20,000,000 VND shall be imposed upon the individual, a fine of from 30,000,000 VND to 40,000,000 VND shall be imposed upon the organization thatillegally builds permanent constructions in the land area for road traffic.

8. Apart from the penalties, the individual or organization that commits the violations inClause 2, Clause 3, Clause 4, Clause 5, Clause 6 and Clause 7 of this Articleshall be compelled toremovethe illegal construction, advertising board or trees; collect the garbage andillegalitems, and recover the original condition thathasbeen changed by the violations.

Article 13. Penalties for violations against regulations onconstruction and maintenance within the land areafor road traffic

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

a) Executing construction on the land area for road traffic in contravention of the License for construction;

b) Executing construction on operating roads without putting up construction signs, or the signs do not contain sufficient information;

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

d) Placing building materials and equipment outside the construction site and thus obstructing the traffic;

dd) Failing to remove the signs, fences, building equipment, other materials, or failing to restore the original condition of the road after the construction is completed.

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

a)Executing construction onthe landareafor road trafficwithout a license for construction or while the license for construction has expired;

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

3. A fine of from 10,000,000 VND to 15,000,000 VND shall be imposed upon the individual, a fine of from 20,000,000 VND to 30,000,000 VND shall be imposed upon the organization that commits one of the following violations:

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

b)Executing constructionon an operating roadwithout placing adequate warning signs, markings and fences; failing to put red lights at two ends of the road segment under construction; failing to take measures to ensure traffic safety as prescribed.

4.Apart from fines, the organizations and individuals that commit the violations mentioned in Point a Clause 1 and Clause 2 of this Article shall be suspended from construction for 01 month, or have their license for construction suspended for 01 month.

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

a) Take measures to ensure safe traffic if the violations mentioned in Point a, Point b, and Point c Clause 1, Clause 2, and Clause 3 of this Article are committed;

b) Take measures to ensure safe trafficand restore the original conditionif the violations mentioned in Pointd and Point ddClause1of thisArticleare committed;

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

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

a) Establishing or building a bus station, parking lot, rest stop, or tollbooth against the planning or without approval by competent authorities;

b) Building a bus station, parking lot, rest stop, or tollbooth that fails to meet technical standards or is inconsistent with the approved design.

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

a)Remove the illegal construction and restore theoriginal condition if the violations mentioned in Pointa Clause 1of thisArticleare committed;

b)Rebuild thebus station, parking lot, rest stop, or tollbooth thatin accordance withthe approved designto meet the technical standards if the violation mentioned in Point b Clause 1 of this Article is committed.

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

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

a) Herding animals on the roadsides; tying animals to the trees along the roads, to the milestones, road signs, fences, or ancillary works of the road;

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

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

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

b) Placing water pipes across the road, setting fire on the road without permission.

3. A fine of from2,000,000 VND to3,000,000 VND shall be imposed upon theorganization in charge of management and maintenance of road infrastructurethat commits one of the following violations:

a) Failing to replace or repair the danger signs that are lost, damaged, or inoperative in the segments under their management;

b) Failing to discover and report illegal occupation of the road safety corridor;

c) Failing to prevent vehicles from going through the flooded segments the road surface of which is more than 0.5 m under the water surface.

4. A fine of from3,000,000 VND to5,000,000 VND shall be imposed upon the individual, a fine of from6,000,000 VND to10,000,000 VND shall be imposed upon the organization that commits one of the following violations:

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

b) Damaging or sabotaging the drainage system, except for the violations mentioned in Clause 5 of this Article;

c) Removing, moving, placing, or falsifying road signs, traffic lights, fences, milestones, road markings, median strip, and parts of the road without permission.

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

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

b) Breaking the median strip, convex mirrors, and safety works on the road without permission;

c) Damaging or opening manhole covers and tunnel systems on the road without permission;

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

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

A) Replacing or repairing the lost or damaged road signs if the violations mentioned in Point a Clause 3 of this Article are committee;

b)Restore the original condition if the violations mentioned in Point b Clause 2; Point b and Point c Clause 4; Clause 5 of this Article are committed.

SECTION 3. VIOLATIONS AGAINST REGULATIONSON VEHICLES ON THE ROAD

Article 16. Penalties incurred by operatorsof cars (including the trailers or semi-trailers being towed) that violate regulations on roadworthiness of vehicles

1.A fine of from 100,000 VND to 200,000 VND shall be imposed for operating a car without a windshield or with a broken or ineffective windshield (if any).

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

a) Operating a car without functional headlamps, plate lamp, brake lamps, turn signals, windshield wipers, mirrors, emergency equipment, fire safety equipment, pressure meter, and speedometer;

b) Operating a vehicle without a functional horn;

c)Operatinga vehicle without asound suppression system that meets technical requirements.

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

a) Operating a vehicle with an additional headlamp towards the back;

b) Operating a vehicle with a defective steering system;

c) Operating a vehicle without sufficient license plates, or the license plates are at improper positions; the letters and numbers on the license plate are not clear; the license plate is bent, blocked, or damaged;

d) Operating a vehicle without sufficient wheels or tires; the sizes of the wheels or tires are not conformable;

dd) Changing the size of the trunk or adding passenger seats without permission.

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

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

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

c) Operating a vehicle without an unexpired certificate or stamp of technical and environmental safety (if required), including those for trailers and semi-trailer;

d) Using a horn the loudness of which is beyond permissible limits, or installing it on the vehicle;

dd) Operating a vehiclewithout a brake system that comply with standards.

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

a) Operating a vehicle beyond its temporary operational period;

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

c) Operating the illegally manufactured or assembled vehicles on the road (including the tractors banned from traffic);

d) Operating a vehicle the license plate of which is not consistent with the certificate of registration, or the license plate of which is not issued by a competent authority;

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

6. Apart from fines, the operators that commit the violations shall also incur the following additional penalties:

a) The driving license shall be suspended for 01 month when the violationsin Point a, Point b Clause 3, or Clause 4Article are committed;

b) The illegallamps or hornsshall be confiscatedifthe violations in Pointa Clause 3 or Point d Clause 4of this Article are committed;

c) The Certificate or stamp of technical and environmental safety, the Certificate of vehicle registration, or the license plate that is not issued by a competent authority shall be confiscated; the driving license shall be suspended for 01 month if the violations in Point d or Point dd Clause 5 of this Article are committed;

d) The driving license shall be suspended for 02 month when the violations inPoint b or Point c Clause 5 of this Article are committed;

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

a) Install conformable equipment and remove unconformable equipment if the violations in Clause 1, Clause 2, Point c, Point d or Point dd Clause 3 of this Article are committed;

a)Restore the technical functions of the equipment; install conformable equipment a if the violations inPoint b Clause 3 or Point dd Clause 4of this Article are committed;

c)Install a conformable hornif the violations in Pointd Clause 4 of this Article are committed.

Article 17. Penalties incurred by operatorsofmopeds and motorcycles (includingelectric motorcycles)that violate regulations on roadworthiness

1. A fine of from 80,000 VND to 100,000 VND shall be imposed for:

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

b) Operating a vehicle the license plate of which is improperly positioned; the letters and numbers on the plate are not clear; the plate is bent, blocked, or damaged;

c) Operataing a vehicle withoutworking turn signals.

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

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

b) Operating a vehicle withoutasoundor smokesuppression systemthat meets environmental requirements with regard to exhaust and noise;

c) Operataing a vehicle withouta lamp with lower beam and a high beam that is working or complying with standards;

dd) Operating a vehicle without aproper brakesystem;

dd) Operating a vehicle withan additional headlamp towards the back.

3. A fine of from 300,000 VND to 400,000 VND shall be imposed for:

a) Operating a vehicle without a certificate of vehicle registration;

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

c) Operating a vehiclewithout a license plate (if required); the license plate installed is not consistent with the Certificate of vehicle registration or not issued by a competent authority;

4. A fine of from 800,000 VND to 1,000,000 VND shall be imposed for:

a) Operating a vehicle beyond itstemporaryoperational period;

b) Operating avehicle that is illegally manufactured or assembled.

5. Apart from fines, the operators that commit the violations shall also incur the following additional penalties:

a) Thehornshall be confiscated when the violations in PointaClause 2 of this Article are committed;

b) Theimproper Certificate of vehicle registration or license plateshall be confiscated when the violations in Pointb or Point cClause 3 of this Article are committed;

c) The driving license shall be suspended for 01 month when the violations in Point a Clause 4of thisArticle are committed;

d) Thevehicle anddriving license shall be suspended for 02 month when the violations in Point b Clause 4 of this Article are committed.

Article 18. Penalties incurredby operators of non-motorized vehicles that are not roadworthy

1.A warning or afine of from 50,000 VND to 60,000 VND shall be imposed for operating a car withoutregistration or without a license plate (if required).

2. A fine of from 60,000 VND to 100,000 VND shall be imposed for:

c) Operataing a vehicle withouta brake system or the brake system is not working.

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

Article 19. Penalties incurred by operators of tractors and specialized motorcycles thatare not roadworthy

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

a) Operating a vehicle theCertificate of vehicle registration; the license plate is not in place; the license plate is not issued by competent authorities;

b) Operating a vehicle without abrake systemor the brake system fails to meet technical standards;operating a vehicle with a defective steering system;

c) Operating the vehicle the specialized equipment of which is not installed in place and thus unsafe when moving;

d) Operating a vehicle withoutlighting system or withoutsound suppressiondevices;

dd) Operating a vehicle without an unexpired certificate or stamp of technical and environmental safety (if required).

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

a) Operating a vehiclebeyond the permissible area;

b) Operatingthe specialized tractor or motorcycles that are illegally manufactured, assembled, or modified on the road.

3. Apart from fines, thevehicleoperator thatcommitthe violations in Point b Clause 2 of this Articleshallalso havetheir vehicle confiscated.

4. Apart from fines, the vehicle operator that commit the violations inPoint b, Point c, and Point d Clause 1of this Article shallbe compelled to install sufficient equipment or restore the technical functions of the equipment, or replace it with those that meet technical standards.

Article 20. Penalties incurred byoperators of cars and tractors that fail to meet hygienic requirements

1.A warning ora fine of from 50,000 VND to 100,000 VND shall be imposed foroperating the vehicle that fail to meet hygienic requirements in urban areas.

2.A fine of from 200,000 VND to 300,000 VND shall be imposed for discharging exhaust beyond permissible limits; discharging stinky gases to the air;

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

a) Spilling oil or chemicals on the road;

b) Carrying break bulk cargo or building materials that are likely to be spilled without covering, or the cover does not work; spilling water from the goods or waste being carried and thus threatening traffic safety and environmental hygiene;

c) Dragging waste on the road and thus threatening traffic safety and environmental hygiene.

4. A fine of from 5,000,000 VND to 10,000,000 VND shall be imposed forspilling waste during the collection or transport.

5. A fine of from 10,000,000 VND to 15,000,000 VND shall be imposed fordumping garbage or waste to the street.

6. Apart from fines, the vehicle operator that commit the violationsmentioned in Clause 5 of this Articleshall also have theirdriving license suspended for 01 month.

7. Apart from the penalties, thevehicle operatorthat commits the violations in Clause1, Clause2, Clause3, Clause4and Clause5of this Article shall be compelled to remove thematerials, garbage, waste, andrecover the original condition thathasbeen changed by the violations. Remedial measures shall be taken if pollution is caused.

SECTION 4. VIOLATIONS AGAINST REGULATIONS ONROAD VEHICLE OPERATORS

Article 21. Penaltiesfor violations against regulations on conditions for operating motor vehicles

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

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

a) Operating a motorcycle or moped without carrying an unexpired Certificate of civil liability insurance for motor vehicles;

b) Operating a motorcycle or moped without carrying the Certificate of vehicle registration;

c) Operating amotorcyclewithoutcarryingadriving license.

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

a) Operating a caror tractorwithout carrying a driving license;

b) Operating a car or tractor without carrying aCertificate of vehicle registration;

c) Operating acar or tractor without carrying the certificate oftechnical and environmental safety (if required).

4. A fine of from 400,000 VND to 600,000 VND shall be imposedupon:

a)A person from 16to under 18years of age that operates amotorcycle, of which the engine capacity is 50cm³or over;

b) The operator of a car or tractor that fails to present an unexpired Certificate of civil liability insurance for motor vehicles;

c) Operating a car or tractorwitha driving licensethat has been expired for less than 06 months.

5.A fine of from 800,000 VND to 1,200,000 VND shall be imposed for operating a vehicle without the driving license or using a driving license that is not issued by a competent authority, or a falsified driving license, except for the violations mentioned in Point b Clause 7 of this Article.

6.A fine of from 1,200,000 VND to 3,000,000 VND shall be imposed upon aperson from 16to under 18years of age that operatesa car or tractor.

7. A fine of from4,000,000 VND to6,000,000 VND shall be imposed uponan operator ofamotorcycle of which the engine capacity is 175cm³or over, a car, or a tractor that commits one of the following violations:

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

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

8. Apart from fines, the vehicle operator that commit the violations inClause 5 or Point b Clause 7of this Article shall also havethe driving license that is not issued by a competent authority or the falsified driving license confiscated.

Article 22. Penalties for violations against regulations on conditions for operatingspecialized motorcycles

1. A fine of from 100,000 VND to 200,000 VND shall be imposedfor:

a) Operating a specialized motorcycle without reaching the permissible age;

b) Operating a specialized motorcycle without carrying a suitable driving license, the certificate of training in traffic rules;

c) Operating aspecialized motorcyclewithout carrying a Certificate of vehicle registration;

d) Operating aspecialized motorcycle withoutcarrying the certificate of technical and environmental safety (if required).

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

SECTION 5. VIOLATIONS AGAINSTREGULATIONS ON ROAD TRANSPORT

Article 23. Penalties incurred by operatorsof passenger vehiclesthat violate traffic rules

1. A fine of from 100,000 VND to 200,000 VND shall be imposedfor:

a) Failing to instruct passengers to sit in place;

b) Failing to comply with regulations on turning on and off the “TAXI” light;

c) Failing to wear uniforms and name tags.

2.A fine of from 300,000 VND to 500,000 VND shall be imposed upon the driver of the passenger car for every person carried beyond the permissible limit of the vehicle (except for buses): 02 people or more on a 9 seater vehicle, 03 people or more on a 10 - 15 seater vehicle; 04 people or more on a 16 - 30 seater vehicle; 05 people or more on a 30 seater vehicle or bigger, except for the violations mentioned in Clause 4 of this Article.

3. A fine of from 500,000 VND to 800,000 VND shall be imposed upong:

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

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

c) Failing to stick to the prescribed route;

d) Allowing the passenger to lie on a hammock in the vehicle or hang from the vehicle while it is running;

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

e) Exceeding the GVWR or outer size of the vehicle;

g) Carrying stinky goods on the passenger vehicle;

h) Failing to have a list of passengers when transporting tourists or passengers under a contract; carrying other people than those in the list; failing to have a transport contract as prescribed;

i) Transporting passengers along a fixed route without carrying a transport order, or the transport order is not certified by both stations;

k) Transporting passengers without attendants (if required);

l) Selling tickets to tourists or passengers under transport contracts;

m) Driving a taxi without a taximeter or using the taximeter improperly while transporting passengers;

n) Failing to stick to the route licensed by a competent authority (if any).

4. A fine of from 800,000 VND to 1,000,000 VND shall be imposedupon the driver of the passenger carfor every person carried beyond the permissible limit of the vehicleif the route is longer than 300 km:02people or more on a9seater vehicle,03people or more on a10-15seater vehicle;04people or more ona 16 - 30seater vehicle;04people or more on a> 30seater vehicle.

5. A fine of from 1,000,000 VND to 2,000,000 VND shall be imposed upong:

a)Allowing passengers to get on or get off the vehiclewhileitis running;

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

c) Forcing passengers to get off the vehicle to avoid inspection by competent persons;

d) Making the vehicle imbalanced when loading cargo;

dd) Picking up, dropping off passengers at improper places along the route where such places are prescribed;

e) Picking up or dropping off passengers where parking and/or stopping is prohibited, or where the road is curved and thus view is blocked;

g) Operating a vehicle to provide passenger transport services without a functional GPS surveillance device.

6. A fine of from 3,000,000 VND to 5,000,000 VND shall be imposedfor:

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

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

c) Attacking passengers physically;

d) Operating the vehiclebeyond time limits;

dd)Operating a passenger vehicle without an unexpired badge.

7. Apart from fines, thevehicleoperators that commit the violations shall also incur the following additional penalties:

a) The driving license shall be suspended for 01 month when the violations mentioned in Clause 2, Clause 4 (exceeding the permissible number of passengers by 50% - 100%); Point d, Point e, Point h, Point i Clause 3; Point a, Point b, Point c, Point d, Point dd, Point e Clause 5 of this Article are committed;

b) The driving license shall be suspended for 02 month when the violations in Clause 6 of this Article arecommitted;

c) The driving license shall be suspended for 04month when the violations mentioned in Clause 2orClause 4 are committed(exceedingthe permissible number of passengersby more than 100%).

8. Apart fromthe penalties, the vehicle operator that commitsthe violations inClause 2 or Clause 4of this Articlemust provide another vehicle to transport the passengers beyond the permissible number.

Article 24. Penalties incurred by operators oftrucks, tractors and carsthat violate traffic ruleswhen transporting goods

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

a) Failing to tie goods firmly where necessary; putting cargo on the roof; making the vehicle imbalanced when loading cargo;

b)Exceeding the GVWR written in the Certificate of vehicle registration orCerticate of technical and environmental safety,but below the levels mentioned in Point a Clause 2, Point a Clause 5, and Clause 6 of this Article.

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

a)ExceedingtheGVWR (written in the Certificate of vehicle registration or Certicate of technical and environmental safety) by 10% - 40% if the GVWR is below 5 metric tons, or by 5% - 30% if the GVWR is 5 metric tons or above, including trailers and semi-trailers;

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

c)Carrying passengers in the cargo container; allowing the passenger tosit on the roof orhang from the vehicle while it is running;

d) Transporting goods without carrying a transport contract or transport order, except for taxi trucks.

3.A fine of from 1,000,000 VND to 2,000,000 VND shall be imposed for transporting goods without a functional a GPS surveillance device (if required).

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

a) Driving a taxitruckwithout a taximeter or the taximeteris installed improperly;

b) Stacking cargo beyond the permissible height (for open-bed trucks); stacking cargo beyond the height of the vehicle or the height approved by a competent authority (for closed-box trucks);

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

a)Exceedingthe GVWR (written in the Certificate of vehicle registration or Certicate of technical and environmental safety) by more than40%to60% if the GVWRis below 5 metric tons,or by more than30%to50% if the GVWRis 5 metric tons or above (including trailers and semi-trailers);

b) Operating the vehicle beyond time limits;

c) Operating a vehicle without an unexpired badge (if a badge is required).

6.A fine of from 5,000,000 VND to 7,000,000 VND shall be imposed for exceedingthe GVWR (written in the Certificate of vehicle registration or Certicate of technical and environmental safety), by more than 60%if the GVWRis below5metric tons, or by more than 50%if the GVW is 5 metric tons or above (including trailers and semi-trailers).

7. Apart fromthefines, theviolatorshall also incur the following additional penalties:

a) The driving license shall be suspended for 01 month when the violations in Pointa orPoint b Clause2 of thisArticle are committed;

b) The driving license shall be suspended for 02 month when the violationsPoint c Clause 2, Point b Clause 4, Clause 5, or Clause 6of this Article are committed;

8. Apart from incurring the penalties, the person that commits the violations inPoint a or Point b Clause 2, Point b Clause 4, Point a Clause 5, or Clause 6 of this Articleshall also be compelled to remove the excessiveamount of goods.

Article 25. Penalties incurred byvehicle operators that violate the regulations on transport of oversize and overweight goods

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

a) Transporting oversize and overweight goods withoutnotice of size;

b) Failing tocomply with the License for transport,except for the violations mentioned in Point b Clause 2 of this Article.

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

a) Transporting oversize and overweight goods withoutan unexpired license for transport;

b) Transporting oversize and overweight goodswithan unexpired license for transportbut the GVW or outer size (after cargo is loaded) exceeds the limits in the license for transport.

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

a) The driving license shall be suspended for 01 month when the violations in Clause 1 of this Article are committed;

b) The driving license shall be suspended for 02 month when the violations in Clause 2 of this Article are committed;

4.If the road infrastructure is damaged by the violations in Clause 1 or Clause 2 of this Article, the violator shall be compelled to restore the original condition apart fromincurringthe penalties.

Article 26. Penalties incurred by vehicle operators that violate the regulations on transport ofpollutants and dangerous goods

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

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

b) Transporting pollutants against the regulations on environment protection, except for the violations mentioned in Clause 2 and Clause 3 of this Article.

2.A fine of from 2,000,000 VND to 3,000,000 VND shall be imposed for transporting dangerous goods without a license or against the license.

3. A fine of from 5,000,000 VND to 10,000,000 VND shall be imposed fortransporting hazardous or radioactive wastes against regulations on environment protection.

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

a) The driving license shall be suspended for 01 month when the violations in Clause 1or Clause 2of this Article are committed;

b) The driving license shall be suspended for 02 month when the violations in Clause 3 of this Article are committed;

5. Apart from the penalties, the vehicle operator that commits the violations in Clause 1, Clause 2orClause 3 of this Article shall be compelledto comply with the regulations on transport of dangerous goods and environment protection. Remedial measuresshall be taken if pollution is caused.

Article 27. Penaltiesfor transporting garbage, wastes, bulk cargo, or other goods against regulations on transport in urban areas

A fine of from 500,000 VND to 1,000,000 VND shall be imposed forthe failure to adhere to the prescribed route, range, and time.

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

1.A fine of from 500,000 VND to 1,000,000 VND shall be imposed upon an individual, a fine of from 1,000,000 VND to 2,000,000 VND shall be imposed upon an organization that load cargo to the vehicle beyond the GVWR written in the Certificate of vehicle registration of Certificate of technical and environmental safety; loading cargo to the vehicle without signing the transport order.

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

a) Failing to put the name and phone number of the transport service provider on the outer sides of the body or doors of the passenger vehicle;

b) Failing to put the name and phone number of the transport service provider, the net weight of the vehicle, the maximum payloadon the outer sides of thetruck doors;

c) Failing to put the name and phone number of the transport service provider, the net weight of the vehicle, themaximum payload of the vehicleon the outer sides of thebody ordoorsof the taxi truck;

d) Failing to number the passenger seats;

dd) Using another color than that registered with competent authority for the bus.

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

a) Failing to establish a department to monitor safety conditions, or the department fails to maintain their operation;

b) Failing to register and post the route, charges, standards of the transport services or ancillary services.

c) Using a 10 seater vehicle or bigger as a taxi;

d)Using a vehicle without "TAXI" light as a taxi; using taxies without taximeters or the taximeters of which are not installed properly;

dd) The symbol (logo) or phone number on the taxi is inconsistent with registration;

e) The number of drivers and attendants on the passenger vehicle is not sufficient according to the registered business plan;

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

h) Employing drivers and attendants without labor contracts;

i) Using the vehicles that fail to meet the conditions to provide transport services;

k) Employing unfit people to operate the transport business;

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

m)The quantity of vehicles is not sufficient for the registered business; no parking space available;

n) The information in the transport order is not completely certified by the station, ornot at all; the violations of the companies and cooperatives that participate in transport service provision at the station are not reported to the administering agency.

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

a) Running the station, parking lot, or rest stop without permission from competent authorities;

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

c) Providing transport services without a Certificate of business registration or the License for transport services;

d)Conducting the business in contravention of theLicense for transport services;

dd) Failing to provide, update, retain, and management information from GPS surveillance devices;

e) Failing toadhere to the registered routes, charges, and service standards;

g) Establishing illegal stations;

h)Using the vehicles without GPS surveillance devices to provide transport services (if required), or the devices are not functional or not conformable with standards;

5. Apart fromthefines, the violator shall also incur the following additional penalties:

a) The badge of the vehicle shall be suspended for 01 month when the violations in Point b, Point d, Point dd, Point e, Point g, Point h, Point i, Point l Clause 3; Point e, Point h Clause 4 of this Article are committed;

b) The licensefor transport servicesshall be suspended for 01month when the violationsin Point a Clause 3, or Point d Clause 4of this Article are committed;

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

a) Take remedial measures when the violations in Clause 2; Point b, Point d, Point dd, Point e, Point g, Point h, Point i, Point l Clause 3; Point d, Point e, Point h Clause 4 are committed

b)Return the excess charges to passengers when the violations in Point e Clause 4 of this Article are committed.

SECTION 6. OTHER ROAD TRAFFIC OFFENCES

Article 29. Penalties for illegal manufacture, assembly of motor vehicles; illegal manufacture or sale of license plates

1. A fine of from 1,000,000 VND to 2,000,000 VND shall be imposed upon the individual, a fine of from 2,000,000 VND to 4,000,000 VND shall be imposed upon the organization thatsells license plates that are not manufactured or allowed by competent authorities.

2. A fine of from 3,000,000 VND to 5,000,000 VND shall be imposed upon the individual, a fine of from 6,000,000 VND to 10,000,000 VND shall be imposed upon the organization thatillegally manufacture or assembly motor vehicles.

3. Apart from fines, theviolators that commit the violations in Clause 1 or Clause 2 of this Article shall have the illegal license plates and vehicles confiscated.

Article 30. Penalties incurred by vehicle owners

1.For owners of mopeds and motorcycles:a fine of from 100,000 VND to 200,000 VND shall be imposed upontheindividual, a fine of from 200,000 VND to 400,000 VND shall be imposed upon the organization that commits one of the following violations:

a) Changing the brand name or color of the vehicle without permission (according to the Certificate of vehicle registration);

b) Failing to follow the procedure for transferring the vehicle ownership when buying, being given, allocated, or inherited a moped or motorcycle.

2. For owners ofcars, tractors, specialized motorcycles:a fine of from 300,000 VND to 400,000 VND shall be imposed upon the individual, a fine of from 600,000 VND to 800,000 VND shall be imposed upon the organization that commits one of the following violations:

a) Using windshields or windows made of unsafe glass;

b) Changing the color of the vehicle without permission(according to the Certificate of vehicle registration);

c) Failing to comply with regulations on license plates and text on the vehicle; except for the violations mentioned in Point a, Point b, and Point Clause 2 Article 28, Point b Clause 2 Article 37 of this Decree.

3. For owners of mopeds and motorcycles: a fine of from 800,000 VND to 1,000,000 VND shall be imposed upon the individual, a fine of from 1.600,000 VND to 2,000,000 VND shall be imposed upon the organization that commits one of the following violations:

a) Changing the chassis number or engine number without permission;

b) Falsifying or forging the documents about vehicle registration;

c) Changing the chassis, engine, shape, size, or functions of the vehicle;

d) Providing false information or using fake documents to apply for reissuance of the license plate or Certificate of vehicle registration;

dd) Allowing an unqualified person according to Clause 1 Article 58 of the Law on Road traffic to use the vehicle on the road.

4. For owners of cars, tractors, specialized motorcycles: a fine of from 1,000,000 VND to 2,000,000 VND shall be imposed upon the individual, a fine of from 2,000,000 VND to 4,000,000 VND shall be imposed upon the organization thatfails to follow the procedure for transferring the vehicle ownership when buying, being given, allocated, or inherited a car, tractor, or specialized motorcycle.

5. For owners of cars, tractors, specialized motorcycles: a fine of from 2,000,000 VND to 4,000,000 VND shall be imposed upon the individual, a fine of from 4,000,000 VND to 8,000,000 VND shall be imposed upon the organization that commits one of the following violations:

a) Changing the frame number or engine number without permission;

b) Falsifying the Certificate of vehicle registration, vehicle registration documents, or the Certificate of technical and environmental safety;

c)Disobeying the order for confiscation of the Certificate of vehicle registration orthe Certificate of technical and environmental safety;

d) Failing to apply for a replacement of the Certificate of vehicle registration after the vehicle is modified;

dd) Allowing an unqualifiedpersonto use thecar or tractor (according to Clause 1 Article 58 of the Law on Road traffic) or specialized motorcycle (according to Clause 1 Article 62 of the Law on Road traffic) on the road;

e)Providing false information or using fake documents to apply for the reissuance of the license plate, Certificate of vehicle registration, or Certificate of technical and environmental safety;

g) Allowing an employer or representative to operate the vehicle and consequently commit the violations mentioned in Clause 2, Point e Clause 3, Clause 4, or Point d Clause 6 Article 23 of this Decree;

h) Allowing an employer or representative to operate the vehicle and consequently commit the violations mentioned inPoint a or Point b Clause 2, Point b Clause 4, Point a or Point b Clause 5, Clause 5 Article 24of this Decree;

i) Allowing an employer or representative to operate the vehicle and consequently commit the violations mentioned inClause 2Article25of this Decree;

k) Allowing an employer or representative to operate the vehicle and consequently commit the violations mentioned in Clause 2, Pointb, Point c, Point d, Point dd, or Point e Clause 3, or Clause 4Article33of this Decree.

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

a) Using hired or borrowed car parts and accessories during inspection;

b)Using specialized motor vehicles withoutthe Certificate of technical and environmental safety.

7. For owners of cars, tractors, specialized motorcycles: a fine of from 6,000,000 VND to 8,000,000 VND shall be imposed upon the individual, a fine of from 12,000,000 VND to 16,000,000 VND shall be imposed upon the organization that commits one of the following violations:

a) Changing the chassis, engine, the brake system, transmission system without permission; changing the original shape or size of the vehicle, which is designed by the manufacturer or approved by a competent authority, without permission; changing the functions of the vehicles;

b) Transforming other types of vehicle into passenger vehicles.

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

a) Thelicense plate, Certificate of vehicle registration (reissued), fake documents shall be confiscatedwhen the violationsPoint b, Point d Clause 3, Point b or Point e Clause 5of this Article are committed;

b) The horn shall be confiscated when the violations in Point a Clause 7 of this Article are committed;

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

a)Restore the brand name or color written in the Certificate of vehicle registration, comply with the regulations onlicense plates and text on the vehicle when the violations in Point a Clause 1, Point b or Point c Clause 2 of this Article are committed;

b)Restore the original shape, size or technical condition of the vehicle when the violations in Point a Clause 2 or Point a Clause 7 of this Article are committed.

Article 31. Penalties incurred by attendants on buses, passenger vehicles and tourist buses that violate traffic rules

1. A warning or fine of from 50,000 VND to 60,000 VND shall be imposed for:

a) Failing to help passengers that are children or the elderly that cannot get on and off the vehicle themselves, the people suffering from mobility or visual impairments;

b) Failing to wear uniforms and name tags.

2. A fine of from100,000 VND to200,000 VND shall be imposed upon thebus attendant that collect money without giving tickets to passengers, or sell tickets at higher prices than prescribed rates.

3. A fine of from 300,000 VND to 400,000 VND shall be imposed upon the bus attendenton a passenger vehicle along a fixed routethat collect money without giving tickets to passengers, or sell tickets at higher prices than prescribed rates.

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

a) Transfer passengers to another vehicle without their consents; threatening, humiliating passengers; fighting for passengers; forcing passengers to use services against their will;

b) Forcing passengers to get off the vehicle to avoid inspection by competent persons.

5. A fine of from 3,000,000 VND to 5,000,000 VND shall be imposed forattacking passengers physically.

Article 32. Penaltiesincurred by passengers that violate traffic rules

1. A fine of from 50,000 VND to 100,000 VND shall be imposed for:

a) Failure to follow the instructions of the driver and attendants on road safety;

b) Disturb the order on the vehicle.

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

a) Bringing hazardous, flammable explosive chemicals, dangerous goods, or prohibited goods to the vehicle;

b)Threatening,infringing upon the health or belongings ofother people on the vehicle;

c) Hanging from the vehicle; standing, sitting, lying on the hood, roof, or luggage trunk; opening vehicle doors or committing other unsafe acts while the vehicle is running.

3. Apart from fines, theperson thatcommit the violations in PointaClause 2 of this Article shall havethe hazardous, flammable explosive chemicals, dangerous goods, or prohibited goods confiscated.

Article 33. Penalties incurred by operators of tracked vehicles, the vehicles that exceed the capacity or size of the bridge or road (including passenger vehicles)

1.A fine of from 1,000,000 VND to 2,000,000 VND shall be imposed for failing to comply with the License for transport, except for the violations mentioned in Point b, Point d, and Point dd Clause 3 of this Article.

2. A fine of from2,000,000 VND to3,000,000 VND shall be imposed foroperating a vehicle of which the gross vehicle weight or gross axle weight exceeds the capacity of the bridge or road by 10% - 20%, unless an unexpired license for transport is presented.

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

a) Disobeying the order for weight or size inspection; transferring load or using other tricks to pass the inspection;

b) Operating a vehicle with an unexpired License for transport but the gross vehicle weight or gross axle weight of which exceeds the rating in the License for transport;

c) Operating a vehicle of whichthe grossvehicle weight or grossaxle weight exceeds the capacity of the bridge or road by20% -50%, unless an unexpired license for transport is presented;

d) Carrying goods that exceed the size written in the License for transport;

dd) Operating a tracked vehicle on the road without an unexpired License for transport, or without taking measures to protect the road;

e) Operating a vehicle of which theouter size (including cargo)exceeds thesize ofthe bridge or road,unless an unexpired license for transport is presented.

4. A fine of from5,000,000 VND to7,000,000 VND shall be imposed for operating a vehicle of which thegross vehicle weight orgross axle weight exceeds the capacity of the bridge or road byover 50%, unless an unexpired license for transport is presented.

5. Apart from fines, the vehicle operators that commit the violations shall also incur the following additional penalties:

a) Thedriving license (for cars, tractors) orthe certificate of training in traffic rules(for specialized motorcycles)shall be suspended for 01 month when the violations inClause 1 or Clause 2of this Article are committed;

b) The driving license (for cars, tractors) or the certificate of training in traffic rules (for specialized motorcycles) shall be suspended for 02 month when the violations in Clause 3 or Clause 4 of this Article are committed.

6.Apart from incurring the penalties, the vehicle operator that commits the violations in Clause 1, Clause 2, Clause 3, or Clause 4 of this Article shall also be compelled to remove the excess load, and repair the road infrastructure that is damaged by the violations.

Article 34. Penalties incurred by street racers and street racing watchers

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

a)Cheering, inciting speeding, weaving, chasing, or street racing;

b) Illegally racing bicycles, motored bicycles, tricycles, animal-powered vehicles, or animals on the road.

2. A fine of from 10,00,000 VND to20,000,000 VND shall be imposedfor illegally racing motorcycles, mopeds, and electric motorcycles.

3. A fine of from20,00,000 VND to30,000,000 VND shall be imposed for illegalling racingcars.

4. Apart from fines, the vehicle operators that commit the violations shall also incur the following additional penalties:

a) Thevehicles used for racing (except for animals)shall be confiscated when the violations in PointbClause 1 of this Article are committed;

b) The vehicle and driving license shall be suspended for 04month when the violationsClause 2 or Clause 3of this Article are committed.

Article 35. Penalties incurredbyoperators of motorized vehiclesbearing foreign license plates

1.A fine of from 500,000 VND to 1,000,000 VND shall be imposed upon operators of motorized vehicles bearing foreign license plates that commit one of the following violations:

a) Operating a vehicle without asymbol for nationality recognition;

b) The documents about the vehicle are not translated into English or Vietnamese;

c)Carrying passengers without a list of passengers.

2. A fine of from 4,000,000 VND to 6,000,000 VND shall be imposed for:

a) Using the vehicle within Vietnam’s territory beyond the deadline;

b) Operating beyond permissible areas;

c) Operating the vehicle without an unexpired license for international transport or unexpired international shipping badge;

d) Operating a vehiclewithout a temporary license plate or the temporary license plate on which is not issued by a competent authority;

dd) Transporting passengers or goods against concluded Agreements or Protocols on road transport;

e) Operating a right-hand drive vehicle without a guiding car;

g) The nationality of the operator of the right-hand drive vehicle or a vehicle bearing foreign license plates is not conformable.

3. Apart from the penalties, the vehicle operator that commits the violations in Point a, Point c, Point d, PointddClause 2  of this Articleshall be compelled to re-export the vehicle from Vietnam.

Article 36. Penalties for operator of vehicles registered in free trade zones

1.A fine of from 500,000 VND to 1,000,000 VND shall be imposed upon the operators of motorcycles and mopeds that commit one of the following violations:

a) Failing to present the declaration of temporarily imported road vehicles;

b) Operating a vehiclewithout an unexpired badge, or using a badge that is not issued by a competent authority.

2. A fine of from 4,000,000 VND to 6,000,000 VND shall be imposed upon the operators ofcarsthat commit one of the following violations:

a) Failing to present the declaration of temporarily imported road vehicles;

b) Operating a vehicle withoutanunexpired badge, orusing abadgethatis not issued by a competent authority.

3. Apart from fines, the vehicle operators that commit the violations shall also incur the following additional penalties:

a) The badge that is not issued by a competent authority shall be confiscated when the violations in Point b Clause 1, Point b Clause 2 of this Article are committed;

b) Thevehicleshall be confiscated when the violations inClause 1 or Clause 2of this Article are committed.

4. Apart from the penalties, the vehicle operator that commits the violations inClause 1 orClause 2 of this Article shall be compelled to returnthe vehicleto the free trade zone.

Article 37. Penalties for violations against regulationson driver training and driving test

1. A fine of from 300,000 VND to 400,000 VND shall be imposed upon thedriving instructorthat commits one of the following violations:

a) Allowing the learner that is not wearing the learner’s badge to drive the instructional vehicle;

b) Carrying passengers or goods on the instructional vehicle against the law;

c) Failing to adhere to the route and time in the license for instructional vehicle; failing to sit next to the learner to assist in steering;

d) Failing to wear the instructor’s badge while teaching;

dd) Failing to have a lesson plan.

2. A fine of from 3,000,000 VND to 5,000,000 VND shall be imposedupon:

a)The driver training institution that fails to appoint instructors to sit next to learners to assist in driving, or appoint unqualified people as instructors;

b) The driver training institution that uses instructional vehicles without licenses for instructional vehicles or “Tập lái” sign, fails to write the name of the training institution and administering agency on the doors or both sides of the vehicle;

c)The driver training institution that uses instructional vehicles without a working twin brake system;

d) The driver training institution that recruits learners whose age, health, education, seniority, or length of safe driving does not match the class of vehicle they learn;

dd) The driver training institution that does not have enough driving instructors to serve the training capacity written in the license for driver training;

e) The driver training institution that fails to retain documents about the courses;

g) The individuals that provide false information or fake documents to be allowed to learn, take the test and to be issued with the driving license or certificate of training in traffic rules.

3. A fine of from5,000,000 VND to10,000,000 VND shall be imposed upon:

dd) The driver training institutionthat provides training in the other classes of vehicles than those permitted, or provides training beyond the capacity in the license for driver training;

b) The driver training institution that provides driver training at other locations that those written in the license for driver training;

c) The driver training institution that enrolls learners or provide driver training without an unexpired license for driver training;

d) The driver training institution that fails to adhere to the prescribed training program, allows more learners in an instructional vehicle than the number permitted;

dd) The driver training institution that fails to have adequate classrooms, or the classrooms of which do not have adequate teaching materials;

e) The driver training institutionthat fails to have a practice yard that meet requirements;

g) The driver training institution that fails to have sufficient classes of instructional vehicles to serve the training capacity written in the license for driver training;

h) The driver training institution that issues Certificate of course completion or certificate of basic training to learners improperly;

i) The driving test center that fails to meet the prescribed requirements;

k) The driving test center that changes or use the testing software, grading devices, and classes of testing vehicles without approval by competent authorities;

l) The driving test center that uses inaccurate grading devices in the exam, or uses improper markings on the testing yard;

m) The driving test center that fails to fix the testing fees and charges for other services, or collects testing fees and other charges against the rules.

4.The driving instructor that allows the learner to commit one of the violations in Article 5 of this Decree shall incur a corresponding penalty for such violation.

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

a) The driver training institution shall be suspended from enrolment for 03 months when committing the violations in Point a, Point b, Point c, Point d, Point dd, Point e Clause 2; Point a, Point b, Point c, Point d, Point dd, Point e, Point g, Point h Clause 3 of this Article;

b) The driver training institution shallhave the certificate of eligibilitysuspended for 03 months when committing the violations in Point i, Point k, Point l Clause 3 of this Article;

C)Fake documents shall be confiscated (Point g Clause 2 of this Article).

Article 38. Penalties for violations against regulations oninspection of technical and environmental safety

1. A fine of from 300,000 VND to400,000 VND shall be imposed upon theinspector of the Registry that commits one of the following violations:

a) Falsifying inspection results;

b) Failing to follow relevant procedures and regulations during the inspection.

2. A fine of from 5,000,000 VND to 7,000,000 VND shall be imposed upon theRegistrythat commits one of the following violations:

a) Failing todisclose the inspection procedure at the office;

b) Failing to carry out inspections as assigned;

c) Employing unqualified people as inspectors;

d) Carrying out inspections without adequate devices and personal protective equipment;

dd) Using the testing devices that are not certified or the certification of which has expired;

e)Using testingdevicesthat are broken and thus inaccurate;

g) Failing to supervise the inspection procedure and check the inspection results.

3.Apart from the fines, the Registry the commits the violations in Point c, Point d, Point dd, Point e Clause 2 of this Article shall also have their “Certificate of eligibility” suspended for 02 years.

Chapter 3.

VIOLATIONS, PENALTIES, FINES, AND REMEDIAL MEASURES FOR RAIL TRANSPORT OFFENCES

SECTION 1. VIOLATIONS AGAINSTREGULATIONS ON SIGNALS, RAILWAY RULES, AND RAILWAY SAFETY

Article 39. Penalties forviolations against regulations on railway signals

1. A fine of from 2,000,000 VND to 3,000,000 VND shall be imposedupon the railway infrastructure company that commits one of the following violations:

a)The signs are not installed or not properly installed;

b)The signals are not sufficient or not functional.

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

a) Install the signs properly when the violations in Point a Clause 1 of this Article are committed;

b) Installsufficient signals and ensure they are workingwhen the violations in PointbClause 1 of this Article are committed;

Article 40. Penalties for violations against regulations ontrain assembly and brake testing

1. A fine of from 300,000 VND to 500,000 VND shall be imposed upon theexaminors that fail to examine incoming and outgoing trains.

2. A fine of from 500,000 VND to 1,000,000 VND shall be imposed upon the train dispatchers and traffic controllersthat commit one of the following violations:

a) Assembling a train against National Technical Regulation on railway operation;

b) Assembling coaches that fail to meet safety requirements;

c)Assembly cargo coaches that contain animals, stinky goods, flammable/explosve substances, hazardous substances, or other dangerous goods into a passenger train.

3. A fine of from 1,000,000 VND to 1.500,000 VND shall be imposed upon thetraffic controller or train captain that commits one of the following violations:

a) Allowing a train without sufficient brake pressure to run from the assembly stration to another station that requires brake testing;

b) Letting the train run without brake testing.

Article 41. Penalties for violations against regulations onshunting

1. A fine of from 500,000 VND to 1,000,000 VND shall be imposed upon the driverof the shunter, shunting commander or worker that commits one of the following violations:

a) Allowing the locomotive to move before receiving a shunting plan or signal from the shunting commander;

b) Exceed the permissible shunting limit;

c) Kicking or droping a coach marked “No kicking”, or in a station where kicking is prohibited;

d) Kicking a coach to a track where another coach is under repair or loading; kicking a coach to a track in the rail section or a track where lighting is insufficient, or in a foggy or storming whether;

dd) Letting the coach pass the safety mark after shunting, except for prescribed special cases;

e) Parking a locomotive or coach on a safety track without order from a competent person.

2. A fine of from 1,000,000 VND to 1,500,000 VND shall be imposed upon thetrain driver or shunting commander tha shunt the train beyond the station perimeter.

Article 42. Penalties for violations against regulations on trainoperation

1. A fine of from 200,000 VND to 400,000 VND shall be imposed upon thetrain driver, train captain, ortraffic controllerthat fails to sign the warning.

2. A fine of from 1,000,000 VND to 2,000,000 VND shall be imposed upon thetraindriver that commits one of the following violations:

a) Reversing the train in a foggy or stormy weather without receiving signals;

b) Reversing the train while the signal transmission is interrupted while another train in the same direction is running behind;

c) Reversing the train in the rail section without orders;

d) Reserving the train when distress signal has been sent;

dd) Reserving the train whenis is pushed by a locomotive to the rail section.

3. A fine of from2,000,000 VND to4,000,000 VND shall be imposed upon thetraffic controller,train driver,orcaptain that allow the train to enter the rail section without evident permission.

4. Apart from fines, the train driveror co-driverthat commits the violations inClause 2 orClause 3 of this Article shall also havetheirtrain driver’s license suspended for 01 month.

Article 43. Penalties for violations against regulations onreceiving and sending trains

1. A fine of from 1,000,000 VND to 3,000,000 VND shall be imposed upon theflagman at the crossing or combined bridge that commits one of the following violations:

a) Failing to adhere the the professional procedure;

b) Failing to record sufficient information about the trains that cross the crossing.

2. A fine of from 1,000,000 VND to 3,000,000 VND shall be imposed upon the flagman at the crossing or combinedbridge thatfails to erect the barrier on time.

3. A fine of from 2,000,000 VND to 4,000,000 VND shall be imposed upon thetraffic controllerthat commits one of the following violations:

a) Failing to take safety measures when a train is approaching;

b) Mistaking the trains;

c) Sending a train without taking the switch key or lock the switch.

Article 44. Penalties for violations against regulations onobservance of railwaysignals

1. A fine of from 300,000 VND to 500,000 VND shall be imposedupon the train driver, shunting commander or worker that commits one of the following violations:

a) Failing to respond to shunting signals by blowing the train whistle;

b) Failing tosend appropriate signals while shunting.

2.A fine of from 1,000,000 VND to 2,000,000 VND shall be imposed upon the train driver or captain that allow the train to run without receiving a safety signal from the traffic controller or the signaling employer.

3. A fine of from 2,000,000 VND to 3,000,000 VND shall be imposedupon the train driver that commits one of the following violations:

a) Passing the signals to enter or leave a closed station without permission from the chief traffic controller;

b) Failing to stop the train when it

c) Keeping the train running after receiving the stop signal.

4. Apart from fines, thetrain driverthat commitsthe violations mentioned in Clause 3 of this Article shall also havehis train driver’s licensesuspended for 01 month.

Article 45. Penalties for violations against regulations ontrain dispatching

1. A fine of from 5,000,000 VND to 7,000,000 VND shall be imposed upon thetrain dispatching that fails to check the adherence to the timetable and train assembly plan.

2. A fine of from 2,000,000 VND to 3,000,000 VND shall be imposed upon thetrain dispatcherthat commits one of the following violations:

a) Sending train orders ultra vires;

b) Failing to send warnings to the train driver on time;

c) Failing to order the blockade of a rail section to execute construction or repair railway infrastructure; sending a rescue train or building train to the section that need blocking;

d) Causing train delay or traffic congestion due to late transmission of orders.

Article 46. Penalties for violations against regulationstraffic at railroad crossings, combined bridges, and tunnels

1. A fine of from 50,000 VND to 60,000 VND shall be imposedupon:

a) The pedestrians that trespass the barrier of the crossing or combined bridge when the light has turned red, disobey the signals, signs, road markings, or instructions of the flagman when going through the crossing or combine bridge;

b) Theoperators of bicycles, motored bicycles, and non-motorized vehicles thatdisobey thesignals,signs,orroad markingswhen going through the crossing or combined bridge.

2.A fine of from 80,000 VND to 100,000 VND shall be imposed upon the operators of bicycles, motored bicycles, and non-motorized vehicles thattrespass the barrier of the crossing or combined bridge when the lighthas turnedred;disobey thesignals orinstructions of the flagmanwhen going through the crossing or combined bridge.

3. A fine of from 100,000 VND to 200,000 VND shall be imposed upon the operators of motorcycles and mopeds(including electric motorcycles) that stop or park within the length of the crossing or combined bridge, or disobey the signals, signs, or road markings when going through the crossing or combined bridge.

4. A fine of from 200,000 VND to 400,000 VND shall be imposed upon the operators of motorcycles and mopeds (including electric motorcycles) thattrespass the barrier of the crossing or combined bridge when the light has turned red;disobey thesignals orinstructionsof the flagmanwhen going through the crossing or combined bridge.

5. A fine of from 400,000 VND to 600,000 VND shall be imposed upon the operators oftractors and specialized motorcyclesthat stop or park within thelengthof the crossing or combined bridge;disobey thesignals, signs, road markings, or instructions of the flagmanwhen going through the crossing or combined bridge.

6. A fine of from 600,000 VND to 800,000 VND shall be imposedupon:

a) Operators oftractors and specialized motorcyclestrespass the barrier of the crossing or combined bridge when the light has turned red;

b) Operators of cars that stop or parkwithin the length of the crossing or combined bridge;disobey thesignals,signs, or road markings when going through the crossing or combined bridge.

7. A fine of from 800,000 VND to 1.200,000 VND shall be imposed upon the operators of motorcycles and mopeds (including electric motorcycles) that trespass the barrier of the crossing or combined bridge when the light has turned red, or disobey the instructions of the flagman when going through the crossing or combined bridge.

8. A fine of from 2,000,000 VND to 3,000,000 VND shall be imposed upon operators ofroadvehicles that commit one of the following violations:

a) Damaging the barrier when operating motor vehicles;

b) Driving tracked vehicles, road rollers, and transporters of oversize and overweight cargo across the crossing without notifying the crossing management unit, or without taking safety measures as guided by the crossing management unit.

9.Apart from incurring the penalties, the person that commits the violations in Clause 8 of this Article shall be compelled to restore the original condition.

Article 47. Penalties for violations against regulationsprevention and settlement of railway accidents

1. A fine of from100,000 VND to200,000 VND shall be imposed upon the individualthat fails to report the railway accident to the nearest station, railway agency, local authority, or police station.

2. A fine of from 1,000,000 VND to 2,000,000 VND shall be imposed upon theresponsible forindividual that fails todiscover obstacles on the railway line that threaten the safety, or fail to report them or take protective measures.

3. A fine of from 2,000,000 VND to 3,000,000 VND shall be imposed upon the responsible for individual that fails to discoverreport railway accidents to relevant organizations and individuals.

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

a) Failing to provide sufficient information or documents related to the railway accident;

b) Avoiding helping people while possible;

c) Failing to be present at the crash scene when being reported of a railway accident;

d) Failing to take meausres for preventing railwayaccidents whenbeing reported of damaged railway works;

dd) Failing to settle the problems and thus affecting the train operation;

e) Obstructing the restoration of the railway when an accident happens.

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

a) Deliberately changing the crash scene;

b) Taking advantage of the accident toappropriate assets in the accident; disturbing, obstructing the handling of the railway accident;

c) Making a getaway after causing a railway accident;

d) Avoiding, disobeying the orders of competent persons or authorities for restoration of rail transport.

6. A fine of from 15,000,000 VND to 20,000,000 VND shall be imposed upon the rail transport company that commits one of the following violations:

a) Failing to prevent and handle railway accidents to ensure safe and continuous rail transport;

b) Disobeying the direction of the organization in charge of preventing and handling railway accidents;

c) Failing to report the threats to train operation and suspension of train operation to the traffic controllers at the two ends of the rail section where the threat occurs, or the rail transport operators;

d) Failing to suspend train operation when the rail infrastructure is found threatening train operation safety.

Article 48. Penalties for violations against regulationsrailway safety assurance

1. A fine of from 300,000 VND to 500,000 VND shall be imposed for:

a) Walking, standing, lying, sitting on/in railway bridges/tunnels, except for the workers on duty;

b) Trespassing the railway fences;

c)Taking animals across the railway at improper positions, or leaving animals to pull a vehicle across the railway without an operator;

d) Walking, standing, lying, sitting on the roof of the coach, locomotive, steps; hanging, standing, sitting on the sides of the coach, locomotive, or connector; opening the train doors; poking the head, arm, leg, or other stuff out the coach when the train is running, except for the workers on duty;

dd) Placing farming products and other stuff on the railway line or other railway roads;

e)Spillingdebris or other materials on therailway line.

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

a) Anchoring ships, boats, or other watercrafts within the safety perimeter of the railway bridge;

b)Placing road vehicles, equipment, materials, or cargo in the railway clearance, except for the violations mentioned in Point b Clause 3 of this Article.

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

a) Obstructing the train operation; arbitrarily using signals or equipment to stop the train, unless a threat to railway safety is found;

b)Placing obstacles on the railway line.

4. A warning or fine of from 5,000,000 VND to 10,000,000 VND shall be imposedupon the person that drops wood, stones, or other items that cause an accident.

5. Apart from the fines, the violator shall alsobe compelled to:

a)Return to the proper positions as instructed by the railway employees on the trainwhen the violations in Point aor Point dClause 1 of this Article are committed;

b) Remove theships, boats, or other watercraftsfrom thesafety perimeter of the railway bridgewhen the violations in PointaClause 2 of this Article are committed;

c)Removing theroad vehicles, equipment, materials, or cargofromtherailway clearance when theviolations in Point bClause2 of this Articleare committed;

b) Remove thefarming products and other stuff railway line or other railway workswhen the violations mentioned in PointddClause 1 of this Article are committed;

dd) Remove the debris,obstacles, and other materials from the railway linewhen the violations inPoint e Clause 1 or Point b Clause 3of this Article are committed.

SECTION 2. VIOLATIONS AGAINST REGULATIONS ONRAILWAYINFRASTRUCTURE

Article 49. Penalties for violations against regulations onprotection of railway works

1. A fine of from100,000 VND to200,000 VND shall be imposed upon the individualthat dump garbage or waste on the railway, except for the violations in Point a Clause 2 of this Article.

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

a) Dumping or placing hazardous substances or waste on the railway;

b) Illegally dumping debris or other materials on the railway;

c) Placing flammable or explosive substances within the land area for railway;

d) Blocking the signs, landmarks, or signals of railway works;

dd) Damaging the drainage system of railway works;

e) Illegally placing concrete, wood, steel, or other materials within the safe corridor of the railway works.

3. A fine of from 5,000,000 VND to 10,000,000 VND shall be imposed upon the individual, a fine of from 10,000,000 VND to 20,000,000 VND shall be imposed upon the organization that commits one of the following violations:

a) Digging, extracting earth and stone within the perimeter of the railway or the railway safety corridor;

b) Damaging, removing fences that separate the railway and the road without permission; moving or destroying the marks of railway perimeters or railway safety corridor;

c)Damaging, changing, movingthe signs, landmarks, or signals of railway works.

4. A fine of from 10,000,000 VND to 20,000,000 VND shall be imposed upon the individual, a fine of from 20,000,000 VND to 40,000,000 VND shall be imposed upon the organization that commits one of the following violations:

a) Illegally opening a railway crossing, setting up power or communication line, building an overpass, underpass, drain, or other works across the railway;

b)Illegallydrilling, digging, cuttingthe railway;

c) Illegally Removing, moving the rails, sleepers, parts, equipment, and signaling system of the railway.

5. A fine of from 20,000,000 VND to 25,000,000 VND shall be imposed upon the individual, a fine of from 40,000,000 VND to 50,000,000 VND shall be imposed upon the organization that commits one of the following violations:

a) Using explosive to extract stones, sand, or gravel that cause the railway work to subside, crack, or block the railway;

b)Connecting the national railway to another railwayagainst the law.

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

a)Remove the debris, hazardous substances, waste, and other materials from the railwaywhen the violations inClause 1, Point a or Point b Clause 2of this Article are committed;

b) Remove theflammable or explosive substances fromtheland area for rail transportwhen the violations in PointcClause 2 of this Article are committed;

c)Removethe illegal construction and restore the original conditionwhenthe violations in Point d, Pointdd, Point e Clause 2; Clause 3; Clause 4; Clause 5 of this Article are committed.

Article 50. Penalties for violations against regulations onconstruction, resource attraction, and other activities in the vicinity of railway works

1. A fine of from 1,000,000 VND to 3,000,000 VND shall be imposed upon the individual, a fine of from 2,000,000 VND to 6,000,000 VND shall be imposed upon the organization thatfails to take measures for ensure railway safety.

2. A fine of from 3,000,000 VND to 6,000,000 VND shall be imposed upon the individual, a fine of from 6,000,000 VND to 12,000,000 VND shall be imposed upon the organization thatdamages railway works.

3. A fine of from10,000,000 VND to20,000,000 VND shall be imposed upon the individual, a fine of from20,000,000 VND to40,000,000 VND shall be imposed upon the organization that commitsthe violations in Clause 1 or Clause 2 of this Article and causes a railway accident.

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

a) Take measures to ensurerailway safety whenthe violations mentioned in Clause1of thisArticleare committed;

b)Restore the original condition of the railway work when theviolations in Clause2of this Article are committed.

Article 51. Penalties for violations against regulations on using land area forrail transport

1. A fine of from 300,000 VND to 500,000 VND shall be imposed upon the individual, a fine of from 600,000 VND to 1,000,000 VND shall be imposed upon the organization that commits one of the following violations:

a)Using the land within the perimeterthe railwayworkor the railway safety corridorfor farming purposes and thus causing the railway work to subside, crack, or block the railway;

b) Planting trees higher than 1.5 m; planting trees within 02 m from the ground;

a)Trading goods, holding markets, herding cattlewithin the perimeter of the railway or the railway safety corridor.

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

a)Placing vehicles, equipment, materials, goods, wastes, or other itemswithin the perimeter of the railway or the railway safety corridor(except for the vehicles, equipment, and materials serving the construction and repair of railway works);

b)Illegallyputting upbooths,temporary constructions within the land area for rail transport;

c)Putting up advertising boards and other items within the land area for rail transport, except for the violations in Point b Clause 3 of this Article;

d) Delaying removing the booths or construction, and thus obstructing the construction, repair, expansion, or threaten the safety of the railway work at the request of competent authorities.

3. A fine of from 20,000,000 VND to 30,000,000 VND shall be imposed upon the individual, a fine of from 40,000,000 VND to 60,000,000 VND shall be imposed upon the organization that commits one of the following violations:

a) Illegally putting up tents, kiosks, temporary constructionswithinthe landareafor rail transport;

b)Putting up an advertising board within thelandareaforrailway.

4. Apart from the fines, theperson ororganization that commits the violations in Pointa Clause 2of this Article shall haveillegal items confiscated, except for waste.

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

a)Cut down the trees illegally planted when the violations in Point a or Point b Clause 1 of this Article are committed;

b)Remove the waste from the railway perimeter or railway safety corridorwhen the violations mentioned inPoint aClause 2 of this Article are committed;

c) Removethe illegal booths and temporary constructions from the land area for rail transport;

d)Remove theadvertising boards and other blocking items fromthe landareafor rail transport;

dd) Remove theadvertising board andillegalpermanent constructionsfrom the landareafor rail transportwhen the violations in Clause 3 of this Article are committed.

Article 52. Penalties for violations against regulations onrailway infrastructure administration

1. A fine of from 5,000,000 VND to 10,000,000 VND shall be imposed upon the railway infrastructure company that commits one of the following violations:

a) Failing to make written records on important positions that are likely to affect railway safety;

b) Failing to carry out periodic inspections;

c)Failing to discover or report the discovered infringements upon therailwayperimeteror the railway safety corridorunder their management to competent authorities;

d) Failing to repair damaged railway works;

dd) Failing to repair, replace, or fortify damaged parts of the railway infrastructure to sustain the quality in terms of speed and capacity.

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

a) Make written records on important positions that are likely to affect railway safetywhen the violations in Point a Clause 1 of this Article are committed;

b) Take measures to ensure railway safety when the violations mentioned in Point b, Point c, Point d, Point dd Clause 1 of this Article are committed.

Article 53. Penalties for violations against regulations onconstruction ofrailway works

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

a) Failing to notify the agency in charge of the railway work before commencing the construction;

b) Failing to provide adequate signaling and safety equipment during the construction;

c) Failing to install adequate signs and signals; failing to take measures to ensure the safety during the construction on the railway;

d) Operating railway equipment during the construction without appropriate qualifications;

dd)Using the building equipment in a way that threatens traffic safety;

e) Carrying on the construction beyond the deadline without applying for an extension of the license;

g) Failing to remove the building materials and equipment from the railway clearance after the blockade period is over;

h) Failing to remove the signs and other materials; failing to transfer the as-built dossier to the organization in charge of railway infrastructure after the construction is completed;

i) Failing to notify the agency in charge of railway administration of the completion of the construction.

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

a) Carrying out the construction without a license or without a valid license, or against the license issued by a competent authority;

b) Failing to take measures for preventing accidents when finding that the construction threatens the safety of railway transport operations.

3. A fine of from 10,000,000 VND to 15,000,000 VND shall be imposed upon the individual, a fine of from 20,000,000 VND to 30,000,000 VND shall be imposed upon the organization that fails to take measures for ensure railway safetyon an operational track and thus causes a railway accident.

4. Apart fromthefines, theorganization or individualthat commit  the violations mentioned in PointeClause 1, Point a Clause 2, orClause3of this Article shall be suspended from construction for 01 month or have their license for construction suspended for 01 month(if any).

5.Apart from the penalties, the organization or individual that commit the violations in Clause 1, Clause 2 or Clause 3 of this Article shall be compelled to immediately take measures for ensuring railway safety.

SECTION 3. VIOLATIONS AGAINST REGULATIONS ONRAILWAYVEHICLES

Article 54. Penalties for violations against regulations onrailworthiness

1. A fine of from 500,000 VND to 1,000,000 VND shall be imposed upon the individual, a fine of from 1,000,000 VND to 2,000,000 VND shall be imposed upon the organization thatoperates improvised vehicles on the railway.

2. A fine of from 3,000,000 VND to 5,000,000 VND shall be imposed upon the individual, a fine of from 6,000,000 VND to 10,000,000 VND shall be imposed upon the organization thatallow vehicles to operate on the railway without certificates of registration or certificates of technical and environmental safety, unless they are newly imported, being tested, or sent back for repair.

3. Apart from the fines, the person or organization that commits the violations in Clause 1 of this Article shall havetheir improvised vehicle confiscated.

Article 55. Penalties for violations against regulationsnecessary information and instructions for railway vehicles

1. A fine of from 2,000,000 VND to 3,000,000 VND shall be imposed upon the organization in charge ofadministration of railway vehicle operation that commits one of the following violations:

a) Failing to add sufficient number,  registration number, and other symbols on the vehicle;

b) Failing to put up the regulations, route, names of destination stations, and how to deal with accidents or fire on the train in the form of notice boards or other means of information.

2. Apart from the penalties, the violator shallalsobe compelled to:

a)Put sufficient number, registration number, and other symbols on the trainwhen the violations in Point a Clause 1 of this Article are committed;

b) Put up the regulations, route, names of destination stations, and how to deal with accidents or fire on the train in the form of notice boards or other means of informationwhen the violations in Point b Clause 1 of this Article are committed.

Article 56. Penalties for violations against regulations onequipment for braking, and assembling trains

1. A fine of from 3,000,000 VND to 5,000,000 VND shall be imposed upon the organization in charge of administration of railway vehicle operation that commits one of the following violations:

a) No automatic or manual brake is installed on the railway vehicle, or the brake is not functional;

b) Noemergency brake handleis installedin passenger coaches and at the working position of the captain, or the emergency brake handle is not functional;

c) Failing to periodically check and seal the emergency brake handle;

d)Failing to install a pressure gaugeat the working position of the captainand some passenger cars,or thegaugeis notfunctional;

dd) The assembling equipment does not meet requirements.

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

a)Installtheautomatic or manual brakewhen the violations in Point a Clause 1 of this Article are committed;

b) Install theemergency brake handle at the working position of the captain and passenger coacheswhen the violations in Point aor Point dClause 1 of this Article are committed;

c) Install theassembling equipment properlywhen the violations in PointddClause 1 of this Article are committed.

Article 57. Penalties for violations against regulations necessaryequipment onrailway vehicles

1. A fine of from 1,000,000 VND to 2,000,000 VND shall be imposedupon the captain of a passenger train or freight train that commits one of the following violations:

a) No fire-fighting equipment and materials, first-aid kits, equipment for choking and signaling on the freight train;

b) No emergency escape equipment, fighting equipment and materials, first-aid kits, tools and materials for minor repairs, equipment for choking and signaling on the passenger train.

2. A fine of from 2,000,000 VND to 3,000,000 VND shall be imposed upon the organization in charge of administration of railway vehicle operation thatputs a passenger coach into operation without adequate and functional equipment.

3. A fine of from 3,000,000 VND to 5,000,000 VND shall be imposed upon the organization in charge of administration of railway vehicle operation that commits one of the following violations:

a) The locomotive or powered vehicle does not have a speedometer, equipment for recording speed and information related to the train operation (black box), equipment that helps the driver to stay awake while operating the train (if required), or such equipment is not functional;

b) No speedometer or equipment for communication between the driver and the captain at the working position of the captain, or the equipment installed is not functional.

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

a)Provide adequate fire-fighting equipment and materials, first-aid kits, equipment for choking and signaling on the freight trainwhen the violations in PointaClause 1 of this Article are committed;

b) Provide adequateemergency escape equipment, fighting equipment and materials, first-aid kits, tools and materials for minor repairs, equipment for choking and signaling on the passenger trainwhen the violations in PointbClause 1 of this Article are committed;

c)Installa speedometer, equipment for recording speed and information related to the train operation (black box), the equipment that helps the driver to stay awake while operating the train (if required)on the locomotive or powered vehicle when the violations inPoint a Clause 3 of this Articleare committed;

d)Install aspeedometor or equipment for communication between the driver and the captain at the working position of the captainwhen the violations in Point b Clause 3 of this Article are committed.

SECTION 4.PENALTIES FOR VIOLATIONS COMMITTED BY RAILWAY EMPLOYEES

Article 58. Penalties incurred by the employees directly serving the train operation that violate regulations on qualifications

1.A fine of from 1,000,000 VND to 2,000,000 VND shall be imposed upon the train drive that operate a railway vehicle without carrying an unexpired train driver’s license, or the license does not match the vehicle.

2. A warning or fine of from 4,000,000 VND to 6,000,000 VND shall be imposed for using fakequalifications, train operator’s license, or failing to obtain a train driver’s license.

3. Apart from the fines, thepersonthat commits the violations in Clause 2 of this Article shall have their faketrain driver’s license or qualification confiscated.

Article 59. Penalties incurred by train dispatchers, train captains, duty officers, and other employees that violate regulations on alcohol content

1.A fine of from 500,000 VND to 1,000,000 VND shall be imposed for working under the influence of alcohol but the BAC or BrAC is below the level mentioned in Point a Clause 2 of this Article.

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

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

b) Disobeyingthe duty officer’sorder for alcoholcontenttesting.

Article 60. Penaltiesincurred by the employees on the train or in the station that violateregulations onrailway safety assurance

1. A fine of from 500,000 VND to 1,000,000 VND shall be imposedupon:

a) The captain that allows people to walk, stand, lie, or sit on the roof of the coach, hang from the coach, locomotive, or connector;

b) The captain that allows passengers to get on freight train;

c) The attendant that allows street vendors and people without tickets to get on the train, allows passengers to get on or get off the train while it is running;

d) The patrolling employees that fail to check and discover the damage to the tunnel, bridge, or railway, or fail to take measures when such damage is discovered, or fail to report the damage to competent persons and thus threaten railway safety;

dd) Failing to adhere to professional procedures and thus causing the train to delay.

2.A fine of from 1,000,000 VND to 2,000,000 VND shall be imposed for failing to follow professional procedures and thus threatening railway safety.

3. A fine of from 2,000,000 VND to 3,000,000 VND shall be imposed upon thestation manager that allow a coach to carry cargo beyond its capacity.

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

a)Instruct the people at fault to go back to proper positions when the violations inPoint a Clause 1 of this Article are committed;

b)Remove the amount of cargo that exceeds the coach capacity whenthe violations in Clause 3 of this Article are committed.

Article 61. Penalties incurred by the driver and co-driver

1.A fine of from 300,000 VND to 500,000 VND shall be imposed upon the co-driver that fails to comply with the signalling code, supervise the train speed, or observe and inform the driver of signals and signs.

2. A fine of from 500,000 VND to 1,000,000 VND shall be imposedupon the driver that commits one of the following violations:

a) Leave the driving position while the locomotive is working;

b) Allowing unauthorized people or cargo in the locomotive;

c) Damaging the equipment that keeps the driver awake while operating the train;

d) Disobeyingthe instructions of the captain, signals or signs;

dd) No flags, signal lamps, flares, or chocks in the locomotive during the shift;

3. A fine of from 1,000,000 VND to 2,000,000 VND shall be imposed upon the driver that commits one of the following violations:

a) Stopping the train against the rules without acceptable explanation;

b) Letting the train moving pass the stop signal;

c)Exceeding the speed limits by5 km/hbut less than10 km/h.

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

a)Exceeding the speed limits by10 km/h-20 km/h;

b) Workingthe influence of alcohol but the BAC or BrAC is below the level mentioned inClause 6 orPoint a Clause7of this Article.

5. A fine of from 5,000,000 VND to7,000,000 VND shall be imposedupon the driver that exceeds the speed limits by more than 20 km/h.

6.A fine of from 8,000,000 VND to 10,000,000 VND shall be imposed for workingwhile BAC exceeds50 mg -80 mg per 100 ml of blood, or BrAC exceeds0.25 mg0.4 mg per liter of breath;

7. A fine of from 10,000,000 VND to 15,000,000 VND shall be imposed for:

a)Workingwhile BAC exceeds 80 mg per 100 ml of blood, or BrAC exceeds 0.4 mg per liter of breath;

b) Disobeying the duty officer’s order for alcohol content testing.

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

a) Thetrain driver’slicense shall be suspended for 01 month when the violations in Clause3 or Clause 4of this Article are committed;

b) The traindriver’slicense shall be suspended for 02month when the violations inClause 5,Clause6or Clause7of this Article are committed;

9. Apart from the penalties, thepersonthat commits the violations in PointbClause 2 of this Article shall be compelled toremove the passengers and cargo from the locomotive.

Article 62. Penalties for violations against regulations onemployees directly serving train operation

A fine of from 4,000,000 VND to 8,000,000 VND shall be imposed for employing the people without qualifications that match their positions; employing the people that fail to meet health standards.

Article 63. Penaltiesfor violations against the laws on training and issuance of qualifications

1. A fine of from 3,000,000 VND to 5,000,000 VND shall be imposedupon the training institution that:

a) Fails to meet the requirements and standards of a rail employee training institution;

b) Fails to comply with the regulations on recruitment, training programs, examination, issuing/replacing qualifications;

2. A warning or fine of from 5,000,000 VND to 10,000,000 VND shall be imposed forproviding training or issuing qualifications without approval by competent authorities.

3. Apart from the fines, the organization that commits the violations in Clause 1 of this Article shallbe suspended from recruitment for 02 months.

4. Apart from the penalties, the person that commits the violations in Clause 2 of this Article shallbe compelled to revoke the qualifications illegally issued.

SECTION 5. VIOLATIONS AGAINST REGULATIONS ONRAILWAY SERVICES

Article 64. Penalties for violations against regulations onconditions for railway service provision

1. A fine of from 4,000,000 VND to 6,000,000 VND shall be imposed upon thecompany that loading, unloading goods at the train station or freight yard, the company that store goods at the train station, the company that manufactures, assemblies, modifies, repairs vehicles, the company that provides rail transport services, the railway infrastructure company that commits one of the following violations:

a) Failing to apply for a business registration;

b) Using the material-handling equipment that fails to meet safety standards; employing the people without qualifications to operate material-handling equipment;

c) Failing to comply with regulations on fire safety and environmental hygiene in the warehouse; using substandard warehouses or yards;

d) Manufacturing, assembling, modifying, repairing vehicles without supervision and quality control; failing to employ bachelors in auto mechanics; failing to make plans for fire safety and environmental pollution prevention;

dd) Providing rail transport services or road infrastructure services without a safety certificate, or using a fake or expired safety certificate;

e) Providing rail transport services without an insurance contract (for transport of passengers and dangerous goods by train); failing to employ a person that holds a bachelor s degree in rail transport or has at least 03 years experience of rail transport operation to administer rail transport operation;

g) Failing to employ a person that holds a bachelor’s degree in railway infrastructure or has at least 03 years’ experience of railway infrastructure operation to take charge of railway infrastructure operation.

2. Apart from the fines, theorganization that commits the violations in Point dd Clause 1 of this Article shall have their fake or expired certificate confiscated.

Article 65. Penalties for violations against regulations on railway service provision

1. A fine of from 2,000,000 VND to 3,000,000 VND shall be imposed upon therail transportcompany that commits one of the following violations:

a) Transporting corpses and bones against the law;

b) Transporting living or wild animals against the law.

2. A fine of from 5,000,000 VND to 10,000,000 VND shall be imposed upon the rail transport company that commits one of the following violations:

a) Failing to undertake special transport missions at the request of competent authorities;

b)Failing to comply with regulations ontransporting oversize and overweight goods;

c) Failing to comply with regulations onloading, unloading, and transporting dangerous goods;

d) Failing to ensure passengers are provided with adequate conveniences when the transport is interrupted due to accidents, natural disasters, or sabotage.

3. Apart from the penalties, thecompany that commits the violations in Clause 1 or Point c Clause 2 of this Articleshall be compelled toremove the corpses, bones, living or wild animals from the train.

Article 66. Penalties formaking, using fake train tickets and selling train tickets against the law

1. A warning or fine of from 100,000 VND to 200,000 VND shall be imposed forusing fake tickets on the train.

2. A fine of from 2,000,000 VND to 4,000,000 VND shall be imposed upon:

a) Ticketing staff of the train station, ticket agents, or on the train that sells tickets against the law;

b) Trading tickets to earn illicit profits.

3. A fine of from 10,000,000 VND to 15,000,000 VND shall be imposed upon the individual, a fine of from 20,000,000 VND to 30,000,000 VND shall be imposed upon the organization that commits one of the following violations:

a) Making fake tickets;

b) Transporting fake tickets;

c)Sellingfake tickets;

d) Storing fake tickets.

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

a)The fake tickets shall be confiscated when the violations in Clause 1 of this Article are committed;

b)Alltickets shall be confiscated when the violations inPoint bClause 2 of this Article are committed;

c) The fake ticketsand equipment used for making and transporting fake ticketsshall be confiscated when the violations in Clause 3 of this Article are committed;

d)The illicit profits shall beconfiscated when the violations inClause 2 orPointcClause 2 of this Article are committed.

SECTION 6. OTHERRAIL TRANSPORTOFFENCES

Article 67. Penalties for violations againstotherregulations on railwaysafety and security

1. A fine of from 100,000 VND to 200,000 VND shall be imposedfor:

a) Peddling on the train or in the train stations;

b) Failing to comply with train regulations on the train;

c) Throwing earth, stones, or other items from the train while it is running.

2. A fine of from 300,000 VND to 500,000 VND shall be imposedfor:

a)Disturbing the order or safety on the train orin the train stations;

b) Threatening, infringing upon the health or belongings of passengers of railway employees;

c) Bringing animals that carry contagious diseases or wild animals to the station or to the train;

d) Bringing corpses, bones, flammable/explosive substances, or weapons to the station or train.

3. Apart from the penalties, thepersonthat commits the violations inPoint c or Point d Clause 2of this Article shall be compelled to remove the corpses, bones,animals, flammable/explosive substances, or weapons from the station or train.

Chapter 4.

POWER TO IMPOSE PENALTIES AND PENALTY IMPOSITION PROCEDURE

SECTION 1. POWER TO IMPOSE PENALTIES

Article 68. Power to impose administrative penalties for road traffic offences and rail transport offences

1.Presidents of the People’s Committees are entitled to impose penalties for the violations mentioned in this Decree that are committed locally.

2.Traffic police officers are entitled to impose penalties for:

a) The violations against traffic rules mentioned in this Decree;

b) The violations against regulations on protection of road infrastructure mentioned in Clause 1, Clause 2, Clause 4, Clause 5 Article 15 of this Decree.

3.Railway police officers are entitled to impose penalties for the violations against regulations on railway safety mentioned in this Decree.

4.Police officers, rapid reaction forces, mobile police officers, and administration police officers are entitled to impose penalties for the violations mentioned in the following Points, Clauses, and Articles of this Decree if such violations are related to their duties:

a) Point dd, Point i Clause 1; Point g, Point h Clause 2; Point b, Point d, Point dd, Point e Clause 3; Point a, Point b, Point d, Point dd, Point e, Point h Clause 4; Point b Clause 5; Point b, Point d Clause 7; Clause 8; Clause 9; Clause 10 Article 5;

b) Point e Clause 2; Point a, Point dd, Point e, Point h, Point i, Point k, Point l, Point o Clause 3; Point b, Point c, Point dd, Point e, Point g, Point i, Point k, Point m Clause 4; Point b, Point d, Point dd Clause 5; Point a, Point b, Point e Clause 6; Clause 7; Clause 8; Clause 9 Article 6;

c) Point b, Point d, Point dd, Point e, Point h, Point i Clause 2; Point b, Point d, Point dd Clause 3; Point d, Point e, Point g Clause 4; Point b, Point c Clause 5; Point a Clause 6; Clause 7; Clause 8 Article 7;

d) Point c, Point e, Point g Clause 1; Clause 2; Clause 3; Clause 4 Article 8;

dd) Article 9, Article 10, Article 11, Article 12;

e) Clause 1, Clause 2, Clause 4, Clause 5 Article 15;

g) Article 18, Article 20;

h) Point b Clause 3; Point a, Point b, Point c, Point dd, Point e Clause 5; Point a, Point b, Point c Clause 6 Article 23;

i) Article 26, Article 29;

k) Clause 4, Clause 5 Article 31; Article 32, Article 34;

l) Article 46, Article 48, Article 49, Article 50, Article 51, Article 66, Article 67.

5.Chiefs of police stations of communesare entitled to impose penalties for the violations mentioned in thefollowingPoints, Clauses, and Articlesof this Decreeif such violations are related to their duties:

a) Point dd, Point i Clause 1; Point g, Point h Clause 2; Point b, Point d, Point dd, Point e Clause 3; Point a, Point b, Point d, Point dd, Point e, Point h Clause 4 Article 5;

b) Point e Clause 2; Point a, Point dd, Point e, Point h, Point i, Point k, Point l, Point o Clause 3; Point b, Point c, Point dd, Point e, Point g, Point i, Point k, Point m Clause 4; Point b, Point d, Point dd Clause 5 Article 6;

c) Point b, Point d, Point dd, Point e, Point h, Point i Clause 2; Point b, Point d, Point dd Clause 3; Point d, Point e, Point g Clause 4; Point b, Point c Clause 5 Article 7;

d) Point c, Point e, Point g Clause 1; Clause 2; Clause 3; Clause 4 Article 8;

dd) Article 9, Article 10;

e) Clause 1, Clause 2, Clause 3 Article 11;

g) Clause 1, Clause 2 Article 12;

h) Clause 1, Clause 2 Article 15;

i) Article 18; Clause 1, Clause 2 Article 20;

k) Point b Clause 3; Point a, Point b, Point c, Point dd, Point e Clause 5 Article 23;

l) Clause 1 Article 26; Clause 1 Article 29;

m) Clause 4 Article 31; Article 32; Clause 1 Article 34;

n) Clause 1, Clause 2, Clause 3, Clause 4, Clause 5, Clause 6, Clause 7 Article 46; Clause 1 Article 48; Clause 1 Article 49; Clause 1 Article 51; Clause 1 Article 66; Article 67.

6.Transport inspectors, the persons assigned to carry out transport inspections are entitled to impose penalties for violations against regulations on transport services and ancillary services at stopping and parking positions, bus stations, parking lots, rest stops, weigh stations, tollbooths, and transport companies when vehicles stop or park on the road; violations against regulations on driver training, issuance of driving licenses, technical and environment protection safety inspection, road infrastructure protection, technical standards of road infrastructure, and other violations mentioned in:

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

b) Point a, Point dd, Point h Clause 3; Point m Clause 4; Point d Clause 5 Article 6;

c) Point d, Point dd, Point e, Point g, Point h, Point i Clause 2; Point b Clause 3; Point dd, Point e, Point g Clause 4; Point b, Point c Clause 5 Article 7;

d) Point dd, Point e Clause 1; Point a, Point b Clause 2; Point b Clause 3 Article 8;

dd) Point a Clause 1; Clause 2; Clause 3; Point a, Point b Clause 4; Point a Clause 5 Article 11;

e) Article 12, Article 13, Article 14, Article 15;

g) Clause 1; Clause 2; Clause 3; Clause 4; Point b, Point dd Clause 5 Article 16;

h) Article 19, Article 20;

i) Clause 3; Point b, Point c Clause 4; Clause 6; Clause 7 Article 21;

k) Article 22; Article 23;

l) Clause 1; Point a, Point b, Point d Clause 2; Clause 3; Clause 4; Clause 5; Clause 6 Article 24;

m) Article 25, Article 27, Article 28;

n) Clause 2; Point a, Point dd, Point g, Point h, Point i, Point k Clause 5; Clause 6; Clause 7 Article 30;

o) Article 31, Article 33, Article 37, Article 38;

p) Clause 1, Clause 2, Clause 3, Clause 4, Clause 5, Clause 6, Clause 7 Article 46; Point b Clause 2, Point b Clause 3 Article 48if the violation is committed at a railway crossing or a bridge shared by trains and road traffic.

7.Rail transport inspectors are entitled to impose penalties for the violations mentioned in Chapter III of this Decree, except for the violations in Point c Clause 5 Article 47, Clause 3 Article 50, Clause 3 Article 53 of this Decree.

Article 69. Power to impose penalties of the Presidents of the People’s Committees

1. Presidents of People’s Committees of communesare entitled to:

a) Issue warnings;

b) Impose fines of up to4,000,000VND for road traffic offences and up to5,000,000VND for rail transport offences;

c) Confiscate the items and vehicles illegally used, the value of which does not exceed the fine level mentioned in Point b of this Clause;

d)Take theremedial measures mentioned inPoints a, b, and c Clause 1 Article 4 of this Decree.

2. Presidents of People’s Committees ofdistrictsare entitled to:

a) Issue warnings;

b) Impose fines of up to 20,000,000 VND for road traffic offences and up to 37,500,000 VND for rail transport offences;

c) Suspend the licenses, practising certificates, or suspend the operation;

d) Confiscate the items and vehiclesat fault, the value of which does not exceed the fine level mentioned in Point b of this Clause;

dd) Take the remedial measures mentioned in Points a, b,c, d,andeClause 1 Article 4 of this Decree.

3. Presidents of People’s Committees ofprovincesare entitled to:

a) Issue warnings;

b) Impose fines of up to 40,000,000 VND for road traffic offences and up to 75,000,000 VND for rail transport offences;

c) Suspend the licenses, practising certificates, or suspend the operation;

d) Confiscate the items and vehicles illegally used;

dd) Take the remedial measures mentioned in Clause 1 Article 4 of this Decree.

Article 70. Power to impose penalties of the police

1.Police officers on duty are entitled to:

a) Issue warnings;

b) Impose fines of up to 400,000 VND for road traffic offences and up to 500,000 VND for rail transport offences.

2.Senior officers of the persons mentioned in Clause 1 of this Article are entitled to:

a) Issue warnings;

b) Impose fines of up to 1,200,000 VND for road traffic offences and up to 1,500,000 VND for rail transport offences.

3.Chief of police stations of communes, chiefs of police stations at border checkpoints and export-processing zones are entitled to:

a) Issue warnings;

b) Impose fines of up to 2,000,000 VND for road traffic offences and up to 2,500,000 VND for rail transport offences.

c) Confiscate the items and vehicles illegally used, the value of which does not exceed the fine level mentioned in Point b of this Clause;

d) Take the remedial measures mentioned in Pointa and Point cClause 1 Article 4 of this Decree.

4.Chiefs of police stations of districts, chiefs of divisions of Road Traffic Police Authority and Rail Transport Police Authority; chiefs of departments affiliated to provincial police divisions, company commanders and above are entitled to:

a) Issue warnings;

b) Impose fines of up to 8,000,000 VND for road traffic offences and up to 15,000,000 VND for rail transport offences;

c) Suspend the licenses, practising certificates, or suspend the operation;

d) Confiscate the items and vehicles illegally used, the value of which does not exceed the fine level mentioned in Point b of this Clause;

dd) Take the remedial measures mentioned in Points a, c, and e Clause 1 Article 4 of this Decree.

5.Directors of provincial police authorities are entitled to:

a) Issue warnings;

b) Impose fines of up to 20,000,000 VND for road traffic offences and up to 37,500,000 VND for rail transport offences;

c) Suspend the licenses, practising certificates, or suspend the operation;

d) Confiscate the items and vehicles illegally used, the value of which does not exceed the fine level mentioned in Point b of this Clause;

dd) Take the remedial measures mentioned in Points a, c,dd,and e Clause 1 Article 4 of this Decree.

6.The Directors of Road Traffic Police Authority, Rail Transport Police Authority, and Administration Police Authority are entitled to:

a) Issue warnings;

b) Impose fines of up to 40,000,000 VND for road traffic offences and up to 75,000,000 VND for rail transport offences;

c) Suspend the licenses, practising certificates, or suspend the operation;

d) Confiscate the items and vehicles illegally used;

dd) Take the remedial measures mentioned in Points a, c, dd, and e Clause 1 Article 4 of this Decree.

Article 71. Power to impose penalties oftransport inspectors

1.Inspectors and the persons assigned as inspectors are entitled to:

a) Issue warnings;

b) Impose fines of up to 400,000 VND for road traffic offences and up to 500,000 VND for rail transport offences;

c) Confiscate the items and vehicles illegally used, the value of which does not exceed the fine level mentioned in Point b of this Clause;

d) Take the remedial measures mentioned in Points aandc Clause 1 Article 4 of this Decree.

2. Chief Inspectors of Services of Transport, chiefs of local road authorities affiliated to Directorate for Roads of Vietnam, chief of inspectorates of Services of Transport, chiefs of inspectorates of Directorate for Roads of Vietnam, chiefs of inspectorates of Vietnam Railway Administration, chiefs of inspectorates of local road authorities affiliated to Directorate for Roads of Vietnam are entitled to:

a) Issue warnings;

b) Impose fines of up to 20,000,000 VND for road traffic offences and up to 37,500,000 VND for rail transport offences;

c) Suspend the licenses, practising certificates, or suspend the operation;

d) Confiscate the items and vehicles illegally used, the value of which does not exceed the fine level mentioned in Point b of this Clause;

dd) Take the remedial measures mentioned in Clause 1 Article 4 of this Decree.

3.Chiefs of inspectorates of the Ministry of Transport are entitled to:

a) Issue warnings;

b) Impose fines of up to 28,000,000 VND for road traffic offences and up to 52,500,000 VND for rail transport offences;

c) Suspend the licenses, practising certificates, or suspend the operation;

d) Confiscate the items and vehicles illegally used, the value of which does not exceed the fine level mentioned in Point b of this Clause;

dd) Take the remedial measures mentioned in Clause 1 Article 4 of this Decree.

4. Chief Inspectors ofthe Ministryof Transport,the Director of Directorate for Roads of Vietnam, and the Director ofVietnam Railway Administration are entitled to:

a) Issue warnings;

b) Impose fines of up to 40,000,000 VND for road traffic offences and up to 75,000,000 VND for rail transport offences;

c) Suspend the licenses, practising certificates, or suspend the operation;

d) Confiscate the items and vehicles illegally used;

dd) Take the remedial measures mentioned in Clause 1 Article 4 of this Decree.

Article 72.Rules fordetermining the power to impose penalties and takeremedial measures

1.The power to impose administrative penalties for road traffic offences, rail transport offences, and to take remedial measures shall be determined in accordance with Article 52 of the Law on Penalties for administrative violations.

2.The maximum fines mentioned in Article 69, Article 70 and Article 71 of this Decree are imposed upon an individual; the maximum fines can be imposed upon an organization is twice the maximum fines imposed upon an individual that commits the same violations.

3.Any of the persons mentioned inClause 2, Clause 3 Article 69; Clause 4, Clause 5, Clause 6 Article 70; Clause 2, Clause 3, Clause 4 Article 71is entitled to suspend the violator’s license or practising certificate if the violation, by law, causes the license or practising certificate to be suspended.

Article 73. The power to make records on administrative violations

1.The persons below are entitled to make records on road traffic offenses:

a) The persons entitled to impose administrative penalties for road traffic offenses mentioned in Articles 69, 70, and 71 of this Decree;

b) The patrolling officials and civil servants are entitled to make records on the infringements upon road infrastructure, illegal occupation of land for road traffic and road safety corridor;

c) Police officers are entitled to make records on the violations committed locally.

2. The persons below are entitled to make records onrail transportoffenses:

a) The persons entitled to impose administrative penalties forrail transportoffenses mentioned in Articles 69, 70, and 71 of this Decree;

b)The train captain isentitled to make records on the violations committedon the train;

c) Police officers are entitled to make records on the violations committed locally.

SECTION 2.PENALTY IMPOSITION PROCEDURE

Article 74.Procedure for imposing penalties upon vehicle owners

1.If the owner of the vehicle at fault is present at the scene, the person entitled to impose penalties shall make a record and a decision on penalty imposition in accordance with Article 30 of this Decree.

2.If the owner of the vehicle at fault is not present at the scene, the person entitled to impose penalties shall make a record and impose penalties in accordance with law, the vehicle operator shall add a signature on the record as a witness, and may implement the decision on penalties on the vehicle owner’s behalf. If the vehicle operator does not implement the decision on penalties on the vehicle owner’s behalf, the person entitled to impose penalties shall impound the vehicle to ensure the implementation of the decision on penalties.

3.If a penalty mentioned in Chapter II is imposed upon both the vehicle owner and the operator or the attendant, the owner is also the operator of the vehicle, or the owner is also an attendant on the vehicle, the owner of the vehicle at fault shall incur the penalty.

4.The violations mentioned in Point b Clause 1 and Clause 4 Article 30 of this Decree shall be only verified through investigations if the accident is serious, or through vehicle registration.

Article 75. Impounding vehicles and papers related to operators and vehicles at fault

1.To immediately stop the violation, the person entitled to impose penalties is allowed to impound the vehicle for up to 07 days before issuing a decision on penalties for the violations in:

a) Point b Clause 5; Point b, Point d Clause 7; Clause 8; Clause 10 Article 5;

b) Point b Clause 5; Point b, Point e Clause 6; Clause 7; Clause 8; Clause 9 Article 6;

c) Point d Clause 4; Point a Clause 6; Clause 7; Clause 8 Article 7;

d) Point d, Point dd Clause 4 Article 8if the operator at fault is under 16 years of age;

dd) Clause 4; Point d, Point dd Clause 5 Article 16;

e) Clause 3 Article 17;

g) Point a, Point dd Clause 1 Article 19;

h) Clause 1; Point a, Point c Clause 4; Clause 5; Clause 6; Clause 7 Article 21.

2.To ensure the implementation of the decision on penalties, or to verify the facts before issuing the decision on penalties, the person entitled to impose penalties may impound the vehicles and papers related to the operator that commits one of the violations in this Decree according to Clause 6 and Clause 8 Article 125 of the Law on Penalties for administrative violations. When the papers are impound according to Clause 6 Article 125 of the Law on Penalties for administrative violations, if the violator fails to settle the case at a competent agency after the arranged date, and keeps operating the vehicle, that person shall incur the penalties operating a vehicle without papers.

3.When the vehicle is impounded as prescribed in Clause 1 and Clause 2 of this Article, the vehicle owner shall incur the costs (if any) of using another vehicle to transport the passengers and goods on the impounded vehicle.

Chapter 5.

IMPLEMENTATION

Article 76. Effect

1.This Decree takes effect on January 01, 2014.

2.This Decree supersedes:

a) The Government s Decree No.34/2010/NDD-CPdated April 02, 2010 on administrative penalties for road traffic offenses.

b)The Government s Decree No.71/2012/NDD-CPdated September 19, 2012 on amendments tothe Government s Decree No. 34/2010/NDD-CP.

c) The Government s Decree No.44/2006/NDD-CPdated April 25, 2006 on administrative penalties for rail transport offenses;

d) The Government s Decree No.156/2007/NDD-CPdated October 19, 2007 on amendments tothe Government s Decree No. 71/2012/NDD-CP.

3.The vehicle operators that commit the violations in Point dd Clause 1 Article 5 and Point h Clause 2 Article 7 of this Decree shall incur penalties from July 01, 2014 if the danger sign is not “Caution: Parking vehicles”.

4.Point b Clause 1 Article 30 of this Decree shall be applied from January 01, 2017.

5. Clause4Article 30of this Decreeshall be applied from January 01, 2015.

6. Clause 1 Article 28 of this Decree shall be applied fromJuly01, 2014.

Article 77. Transition terms

1.The road traffic offenses and rail transport offenses committed before this Decree takes effect and discovered afterwards, the regulations that are advantageous to the organizations and individuals at fault shall apply.

2.The Decrees mentioned in Clause 2 Article 76 of this Decree shall apply to the decisions onadministrative penalties forroad traffic offenses andrail transport offenses mentionedthat have been issued or implemented before this Decree takes effect.

Article 78.Responsibility for implementation

1.The Ministry of Public Security and the Ministry of Finance must quickly amend the regulations on procedures for transferring vehicle ownership towards simplification of formalities, including the procedure for vehicle ownership transfer at police stations and the procedure for paying registration fees at finance authorities, specifying the entities responsible for following the procedure for vehicle ownership transfer.

2.Ministers, Heads of ministerial agencies, Heads of Governmental agencies, Presidents of the People’s Committees of provinces are responsible for the implementation of this Decree./.

For the Government

The Prime Minister

Nguyen Tan Dung