Decree No. 39/2001/ND-CP dated July 13, 2001 of the Government on administrative sanctions against acts of violating land-road traffic order and safety and urban traffic order and safety

DECREE

ON ADMINISTRATIVE SANCTIONS AGAINST ACTS OF VIOLATING LAND-ROAD TRAFFIC ORDER AND SAFETY AND URBAN TRAFFIC ORDER AND SAFETY

THE GOVERNMENT

Pursuant to the September 30, 1992 Law on Organization of the Government;

Pursuant to the December 2, 1991 Ordinance on the Protection of Traffic Works;

Pursuant to the January 28, 1989 Ordinance on Vietnam People’s Police Force and the July 6, 1995 Ordinance Amending Article 6 of the Ordinance on Vietnam People’s Police Force;

Pursuant to the July 6, 1995 Ordinance on Handling of Administrative Violations;

Pursuant to the Regulation on land-road traffic order and safety and urban traffic order and safety, issued together with the Government’s Decree No. 36/2001/ND-CP of July 10, 2001;

At the proposal of the Minister of Communications and Transport,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1.-Principles for sanctioning administrative violations

1. The administrative sanctioning of acts of violating land-road traffic order and safety and urban traffic order and safety shall be effected by the People’s Committees at all levels, the People’s Police and the land-road traffic inspectorate according to law provisions.

2. Individuals and organizations that commit acts of violating land-road traffic order and safety and urban traffic order and safety shall be administratively sanctioned as prescribed in this Decree.

3. All acts of violating land-road traffic order and safety and urban traffic order and safety must be detected in time and immediately stopped. The sanctioning thereof must be effected rapidly and justly. All consequences entailed by acts of administrative violation must be overcome according to regulations; organizations and individuals that commit acts of administrative violation, causing material damage shall have to pay compensation therefor according to law provisions.

4. An act of administrative violation shall be sanctioned only once.

If one person commits many acts of administrative violation, he/she shall be sanctioned for each of such acts. Persons with sanctioning competence shall decide on the form of sanctioning of each act of violation; if the sanctioning forms are fines, they shall be summed up into a general fine.

If more than one person together commit one act of administrative violation, each of them shall be sanctioned.

5. The administrative sanctioning must be based on the nature and seriousness of violations, extenuating circumstances and aggravating circumstances in order to decide on the appropriate sanctioning forms and handling measures according to the provisions of this Decree.

6. Sanctions shall not be imposed on administrative violations committed in cases of urgent circumstances, legitimate defense, unexpected events or administrative violations committed by persons who are suffering from mental diseases or other diseases which deprive them of the ability to perceive or control their acts.

Article 2.-Levels of fines for administrative violations involving extenuating circumstances or aggravating circumstances

1. Depending on the nature and seriousness of violations, the imposed fines may be increased or reduced as compared with the prescribed levels, but the highest fine level must not exceed 1.5 time and the lowest level must not be lower than 0.5 time the one for the acts of violating prescribed in this Decree.

2. Extenuating and aggravating circumstances shall comply with the provisions of the Ordinance on Handling of Administrative Violations.

Article 3.-Responsibilities of persons competent to sanction administrative violations and the handling of violations committed by competent persons while performing their duties.

1. Persons competent to impose administrative sanctions must sanction the right persons and the right violations strictly according to their competence and law, immediately propose the concerned bodies to promptly take necessary measures to ensure traffic order and safety and protect traffic works.

2. Persons competent to impose administrative sanctions who harass for bribes, tolerate, cover up, refrain from imposing sanctions or impose sanctions not in time, not at the right levels, or ultra vires, shall, depending on the nature and seriousness of their violations, be disciplined or examined for penal liability, if any material damage is caused, they shall have to pay compensation therefor according to law provisions.

Chapter II

FORMS OF ADMINISTRATIVE SANCTION AGAINST ACTS OF VIOLATING LAND-ROAD TRAFFIC ORDER AND SAFETY ADD URBAN TRAFFIC ORDER AND SAFETY

Article 4.-Sanctions for acts of encroaching upon land-road traffic works, thus affecting land-road traffic order and safety and urban traffic order and safety.

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

a/ Planting trees within the road protection corridor, thus obstructing the view of drivers of transport means;

b/ Sun-drying straw, farm products, foodstuffs and other things on roads;

c/ Being engaged in production, business and service activities without permission in the areas of docks, car terminals, waiting rooms;

2. A fine of VND 500,000 for one of the following acts:

a/ Erecting welcoming arches, putting up or hanging advertisement boards or other obstructions within the traffic work protection corridor, thus affecting traffic order and safety;

b/ Leaving construction materials or any other things on roads, thus obstructing traffic order and safety.

3. A fine of VND 1,000,000 for any act of displacing traffic marker posts without permission.

4. A fine of VND 2,000,000 for any acts of stealing, dismantling or damaging traffic structures or components, thus affecting traffic safety.

5. Apart from paying the fine, individuals and organizations shall be forced:

a/ If violating Point a, Clause 1 of this Article, to immediately pull out planted trees;

b/ If violating Point a, Clause 2 of this Article, to immediately dismantle unlawfully built works;

c/ If violating Point b, Clause 1 or Point b, Clause 2 of this Article, to immediately clear up straw, farm products, foodstuffs, construction materials or other things left on roads;

d/ If violating Clause 3 or Clause 4 of this Article, to immediately restore the original state already altered due to acts of violation.

Article 5.-Sanctions on individuals and organizations that violate the regulations on construction, maintenance, repair and management of land road traffic works

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

a/ Carrying out activities to construct or repair works located within the land-road traffic work protection corridors or directly related to land-road traffic works without permit of the land road traffic administrations or with the permits but failing to notify such in writing to the body directly managing land road works;

b/ Failing to restore the original state of traffic works, failing to notify in writing the bodies directly managing land roads after completing the construction of the works.

2. A fine of VND 1,500,000 for one of the following acts:

a/ Failing to put up or inadequately putting up signboards, mobile marker posts as prescribed; failing to place barricades, failing to place red lights during nighttime at both ends of the road section where traffic is temporarily suspended;

b/ Failing to take measures to handle in time and measures to guide traffic and prevent accidents when detecting a damaged land road traffic work threatening traffic safety;

c/ Failing to arrange personnel to guide or control traffic when construction is conducted at narrow road sections which are still open for traffic; or at both ends of a bridge, a sluice or a tunnel being under construction;

d/ Failing to promptly remove signboards, barricades, means and other materials after completing the construction;

e/ Leaving materials, earth and rocks, construction equipment, vehicles and machinery outside the construction area, thus obstructing traffic.

3. A fine of VND 2,000,000 on the bodies directly managing traffic works which commit one of the following acts:

a/ Failing to take measures to ensure traffic safety at passes, slopes and dangerous road sections;

b/ Failing to organize traffic guidance or suspend traffic according to traffic regulations during the rainy, flood and storm seasons or in case of other incidents, thus affecting traffic safety;

c/ Using specialized equipment and machinery not up to safety standards for construction work.

4. Apart from paying the fine, individuals and organizations that commit acts of violating specified in this Article shall have to immediately take measures to ensure traffic safety according to regulations.

Depending on the seriousness of the violations, the heads of the State-run construction units or the bodies directly managing traffic works shall be also disciplined, or examined for penal liability if serious consequences are entailed.

Article 6.-Sanctions against individuals and organizations that commit violations, thus causing damage to land road traffic works and affecting traffic order and safety

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

a/ Erecting embankments or scooping water across road surface;

b/ Laying conduits or pipes on traffic roads.

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

a/ Unlawfully drilling, digging, cutting roads;

b/ Failing to restore sections of road which are permitted to be temporarily drilled, dug, cut or leveled after completion of works;

c/ Damaging and disfunctioning the water drainage system of the traffic works;

d/ Opening a passage across a road or the median strip without permission;

3. Apart from paying the fine, individuals and organizations that commit acts of violating specified in this Article shall be forced to:

a/ If violating Point b, Clause 1 of this Article, promptly remove the unlawfully laid pipes;

b/ If violating Point a, Clause 1, or Clause 2 of this Article, promptly restore the original state already altered due to their violations.

Article 7.-Sanctions against individuals and organizations that violate street pavement and thoroughfare order and management

1. Warning or a fine of VND 20,000 for one of the following acts: playing football, shuttle cocks, badminton or other activities on roadbeds and pavements, thus affecting traffic order and safety.

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

a/ Holding markets, displaying commodities for sale on pavements or roads;

b/ Putting up a roof over the pavement or urban road, thus obstructing traffic or badly affecting the beautiful urban view;

c/ Putting up signboards, advertisement boards on the pavement or road, selling sundries, repairing bicycles, cars, motorbikes and mopeds, providing small services at places where such activities are not permitted;

d/ Leaving traffic means on pavements and roadbeds at variance with the regulations;

e/ Unlawfully building steps for vehicles to go from the roadbed onto the pavement or from the pavement into house;

f/ Roller-skating or playing other games or sports on traffic roads.

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

a/ Illegally occupying the pavement for use as bicycle, motorbike and/or car parking lots;

b/ Leaving construction materials and other materials on the pavement, roadbed in the urban area.

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

a/ Opening car stations or stops not at the prescribed places;

b/ Setting up parking lots not at the prescribed places.

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

a/ Using the pavement or roadbed as places for trading construction materials, or grounds for production and business and service provision;

b/ Encroaching upon the pavement and roadbed for construction of unlawful works.

6. Apart from paying the fine, individuals and organizations that commit acts of violating specified at Points b, c and e, Clause 2, and Clause 4 of this Article, shall have to immediately dismantle unlawful works, restore the original state already changed due to their violations. If individuals and organizations that commit acts of violating fail to dismantle the unlawful works or restore the original state, they shall have such works dismantled and must pay all expenses arising from the forcible dismantlement.

Article 8.-Sanctions on cyclists who violate the regulations on traffic order and safety

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

a/ Riding not on the prescribed road lane, riding on the pavement, in flower gardens or parks;

b/ Using an umbrella or parasol to protect oneself from rain or sunshine or using a mobile phone when riding;

c/ Stopping on the roadbed, at places causing obstruction to traffic.

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

a/ Crossing a road, a bridge, a ferry or a dangerous road section without obeying traffic lights, signboards or other traffic signs or the guidance of those who are tasked to guide traffic;

b/ Riding three or more bicycles abreast;

c/ Parking or stopping the bicycle beyond the prescribed line at the crossroad when the red light is on or when the traffic police has signaled to stop.

d/ Failing to give hand-signals to other vehicles behind before making a turn;

e/ Pack-bicycles, bicycles transporting cumbersome commodities exceeding their prescribed limits, violating the regulations on time and routes for their operation;

f/ Refusing to give way to motor vehicles.

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

a/ Holding onto motorized vehicles, carrying a bulky load, pulling other objects or leading animal(s) while riding; carrying a person on the handlebar or crossbar of the bicycle; carrying on pillion more persons than allowed; carrying flammable and/or explosive commodities in contravention of regulations;

b/ Taking both hands off the handlebar while riding; pulling, towing or pushing another bicycle; recklessly overtaking another vehicle; making a turn in front of a running motorized vehicle;

c/ Weaving one’s way, riding in zigzags, chasing one another on streets;

e/ Riding from a house, alley or impasse to the road or vice versa without watching, thus affecting traffic safety;

f/ Riding in the opposite direction of a one-way road, no-entry road, road only for motor vehicles or area banned to bicycles.

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

a/ Participating in an unlawful cycling race;

b/ Causing an accident then fleeing.

5. A fine of VND 1,000,000 and confiscation of the bicycle on anyone who participates in an unlawful cycling race and resists the official(s) on duty but not seriously enough to be examined for penal liability.

6. A fine of VND 2,000,000 for acts of organizing unlawful cycling races.

Article 9.-Sanctions against drivers of animal-drawn carts, persons who pull or push carts in violation of traffic order and safety

1. A fine of VND 30,000 for one of the following acts:

a/ Not keeping to the lane reserved for each type of vehicle;

b/ Entering a no-cart road or area marked with a no-cart sign;

c/ Pushing a cart as mobile sale stand on the road in contravention of regulations, causing obstruction to traffic order and safety.

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

a/ Driving two or more carts abreast;

b/ Letting animals draw a cart without a coachman; having not enough tools to contain the animal’s waste matters or failing to clean up the animal’s waste matters dropping on roads;

c/ Having no signal lights or signals as prescribed;

d/ Failing to obey the signal lights, signboards or other traffic signs, or the guidance of the traffic police or traffic control officers when crossing a road, a bridge, a ferry or a dangerous road section;

e/ Failing to observe the regulations on division of traffic flow and routes, and the way-giving principles;

f/ Stopping the cart beyond the prescribed line when the red light is on or the traffic police have signaled to stop;

g/ Driving the cart across a vehicle convoy or a throng of people;

h/ Driving the cart not on the prescribed timetable or driving carts of kinds banned from operation in urban areas;

i/ Failing to give hand-signal when making a turn.

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

a/ Loading onto the cart commodities exceeding the prescribed limit; carrying flammable or explosive commodities at variance with regulations;

b/ Failing to apply measures to ensure safety and safe signals;

c/ Causing big noises in populous areas when loading or unloading commodities from 10 p.m. to 5 a.m.

4. A fine of VND 500,000 for act of unlawful race of animal-drawn carts.

5. A fine of VND 1,000,000 and confiscation of carts and animals on those who participate in an unlawful race of animal-drawn carts and resist the official(s) on duty but not seriously enough to be examined for penal liability.

Article 10.-Sanctions on drivers of cyclos, trailer-bicycles and other vehicles of similar structure for violating traffic order and safety

1. A fine of VND 30,000 for one of the following acts:

a/ The passenger vehicle does not meet the prescribed criteria;

b/ Carrying more than two adults; letting passengers to sit on the side of the vehicle, carrying cumbersome commodities larger, higher or wider than the allowed limits.

2. A fine of VND 50,000 and confiscation of the vehicle for acts of driving a vehicle without the registration certificate or a number plate in localities where there are regulations thereon, or with fake number plate.

3. A fine of VND 500,000 for act of participating in cyclo or trailer-bicycle race or carrying flammable or explosive commodities at variance with regulations.

4. Where the cyclo or trailer-bicycle drivers commit acts of violating the provisions of Article 8 of this Decree, they shall be sanctioned according to the provisions of such Article.

Article 11.-Sanctions against drivers of motorbikes, mopeds, trailer- motorbikes, motor cyclos and other vehicles of similar structure for violating safety order and safety

1. A fine of VND 20,000 on persons sitting on motorbikes or mopeds without wearing helmets while riding on the roads where helmet wearing is required.

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

a/ Riding on the pavement, not keeping to the prescribed lane;

b/ Using an umbrella or a parasol to protect oneself from sunshine or rain or using a mobile phone while riding a vehicle specified in this Article;

c/ Parking or stopping the vehicle on the roadbed, at places with no-stop or no-parking signs;

d/ The driver of a vehicle of a kind specified in this Article carries more persons then allowed or cumbersome commodities; riding two or more vehicles of these kinds abreast;

e/ The driver of a vehicle specified in this Article is under 16 years of age;

f/ Using headlight or hooter while riding in a city, town or township; using horn in areas where honking is banned; or honking noisily thus breaking the quietness from 10 p.m. to 5 a.m.; failing to signal when changing the driving direction or arriving at a place where the view is obstructed;

g/ Gathering in groups of three or more vehicles on the roadbed or on a bridge;

h/ Failing to carry along the motorbike or moped registration certificate.

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

a/ Driving faster than the speed limit; entering a restricted road or area;

b/ Refusing to give way to priority vehicles or other vehicles which have given signals for overtaking according to regulations;

c/ Failing to obey the signal lights, signboards or other traffic signs, or the guidance of the traffic police or traffic control officers when crossing a road, a bridge, or dangerous road section;

d/ Using a motorbike, moped, trailer-motorbike or motor cyclo to pull, push another or lead an animal, pull an object; or holding onto another vehicle while riding;

e/ Driving a vehicle with no horn, brake or lights or with inoperative horn, brake or light; a vehicle with an unreadable or bent number plate;

f/ Driving a vehicle using a car’s horn, fixed with an exhaust pipe without silencer or with an accelerating exhaust pipe;

g/ Driving a moped, motorbike, trailer-motorbike or a motor cyclo without a prescribed driving license; hiring out the driving license or using a borrowed driving license;

h/ Failing to observe the inspection and control by the traffic police when violating the regulations on traffic order and safety;

i/ Failing to complete the procedures for region transfer or transfer of the ownership over a vehicle as prescribed by law.

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

a/ Riding a motorbike at high speed from the house, alley or impasse to the main road and vice versa;

b/ Riding an unregistered vehicle or a registered vehicle which is stuck with a number plate not compatible with the number in the vehicle’s registration certificate; riding a vehicle without a number plate or with a fake one;

5. A fine of VND 500,000 for one of the following acts:

a/ Taking both hands off the handlebar when riding a vehicle; recklessly overtaking another vehicle; riding a vehicle without a silencer; letting the vehicle’s support stand drag on the road while riding; riding two or more vehicles abreast at the same speed on road for 50 m or more;

b/ Riding a vehicle on the road while having an amount of alcohol exceeding 80 mg per 100 ml of blood or 40 mg per liter of breath, or using narcotics or other stimulants banned from use by law;

c/ Failing to keep intact the scene after causing an accident;

d/ Using a priority light, horn or banner at variance with the regulations or having no priority right but using a priority light, horn or banner.

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

a/ Erasing or altering the vehicle’s dossier, registration certificate, engine number, frame number but not seriously enough to be examined for penal liability;

b/ Carrying flammable or explosive commodities at variance with the regulations.

7. A fine of VND 5,000,000 for one of the following acts:

a/ Riding a motorbike with cylinder capacity of 175 cm3 or above at variance with the regulations;

b/ Altering the vehicle’s characteristics;

c/ Causing an accident then fleeing away;

d/ Weaving one’s way, driving in zigzags, chasing one another, thus causing accidents, but not seriously enough to be examined for penal liability; failing to obey the stop orders issued by the official(s) on duty; riding a vehicle on one wheel on traffic road.

8. Apart from paying the fine, the drivers of mopeds, motorbikes, trailer-motorbikes, motor cyclos, who violate the provisions of this Article shall be also handled as follows:

a/ If violating Point b, Clause 4 or Point a, Clause 5 of this Article, to have their driving licenses stripped for 60 (sixty) days;

b/ If violating Clause 7 of this Article, to have their driving licenses stripped indefinitely; if repeating the violation, to have their vehicles confiscated and pay compensation for any damage caused by their violation;

c/ If violating Point c, Clause 7 of this Article, to pay compensation for any damage;

d/ If violating Point f, Clause 3 or Point d, Clause 5 of this Article, to have the horn, light, banner or exhaust pipe confiscated.

Article 12.-Sanctions on unlawful moped or motorbike racers; organizers and encouragers of these races

1. A fine of VND 500,000 on those who gather to encourage and incite unlawful motorbike races;

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

a/ Inciting unlawful motorbike races and committing acts of obstructing the official(s) on duty;

b/ Riding a vehicle after the ongoing unlawful motorbike race;

3. A fine of VND 10,000,000 on unlawful motorbike racers.

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

a/ Participating in an unlawful motorbike race and resisting the official(s) on duty but not seriously enough to be examined for penal liability;

b/ Recidivism of participation in an unlawful motorbike race.

5. A fine of VND 50,000,000 on organizers of unlawful motorbike races, whose violation is not serious enough to be examined for penal liability;

6. Apart from paying the fine, unlawful motorbike or moped racers who also violate the provisions of one of the points of Clause 4, this Article, shall also have their vehicles confiscated, their driving licenses stripped indefinitely; and who violate Point b, Clause 2, this Article, shall also have their driving licenses stripped for 90 days.

Article 13.-Sanctions against automobile drivers who violate traffic order and safety

1. A fine of VND 20,000 on automobile drivers and persons sitting next to the drivers who fail to fasten the safety belts when the automobiles are running and such automobiles are designed and equipped with safety belts.

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

a/ Failing to keep an automobile to the prescribed road part, road lane or route and driving an automobile not within the prescribed time;

b/ Parking or stopping, veering, overtaking, reversing, turning around, turning right or left an automobile not according to regulations;

c/ Blowing hooter in a city, town or township or blowing horn in areas where there is a non-honking signboard, honking at nighttime from 10 p.m. to 5 a.m. in the city, town or township; using headlights from 7 p.m. to 5 a.m. when another vehicle is coming from the opposite direction;

d/ The number plate is unreadable, hidden or lacks letters(s) and/or numeral(s) as prescribed, the number plate is stuck not in the prescribed position on the vehicle.

c/ Driving an automobile without horn, headlights, signal lights, windshield wipers, windshield and/or rearview mirrors.

3. A fine of VND 300,000 for one of the following acts:

a/ Driving an automobile in the opposite direction of a one-way street, or a road banned to vehicles of certain kinds;

b/ Driving an automobile at high speed from an alley, an impasse or by-road to the main road or vice versa;

c/ Refusing to give way to another vehicle which has signaled for the overtaking or refusing to give way to vehicles going on the main road;

d/ Failing to observe the signal lights, signboards, traffic signs or the guidance of the traffic police, land-road traffic inspectors or traffic control personnel when crossing a road, a bridge, a ferry or a dangerous road section;

e/ Driving an automobile transporting earth, sand, construction materials or other commodities without coverings or safety measures;

f/ Refusing to carry accident victim(s) for first aid treatment when driving past a scene of accident;

g/ Driving an automobile with no brakes, driving at nighttime with inadequate lights as prescribed;

h/ The automobile is stuck with a fake number plate;

i/ The driving license has expired but the time limit for the exchange thereof is not finished, the certificate of technical safety control and environmental protection has expired but the automobile has not yet been re-examined.

4. A fine of VND 500,000 for one of the following acts:

a/ Refusing to give way to a priority vehicle;

b/ Driving an automobile to push or pull another vehicle, to pull a semi-trailer or a trailer at variance with the regulations;

c/ Carrying cumbersome commodities or objects, which are higher, longer or wider than allowed;

d/ Carrying bamboo, iron, steel or other materials and letting them drag on the road or without taking any safety measures;

e/ The driver is not in the prescribed age group;

f/ Failing to obey or obstructing the inspection, control and guidance of the traffic police or the traffic control personnel when being caught in violation;

g/ Lending or hiring out the driving license, assigning unsafe automobiles to drivers or assigning automobiles to persons who have no driving license;

h/ Failing to keep a safe distance at places where there is a signboard prescribing the minimum distance between automobiles;

i/ Parking, stopping the automobile or opening the automobile’s door, causing accident to other(s) but not seriously enough to be examined for penal liability;

j/ Loading the automobile with commodities lop-sided.

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

a/ Driving after having consumed an amount of alcohol or beer higher than the allowed percentage, or used narcotics or other stimulants;

b/ Practicing driving without a driving practice permit or without an instructor sitting beside; the automobile does not have the "driving practice" signboard as prescribed; driving without auxiliary brakes and rearview mirror(s); driving on a public road without permission; driving outside the prescribed routes or areas;

c/ Carrying commodities exceeding the allowed tonnage of the automobile;

d/ Using trucks for the transportation of passengers without permission of the competent authorities or at variance with regulations;

e/ Driving without a driving license or with a driving license which does not match the kind of the automobile being driven; driving an automobile with no certificate of technical safety inspection and environmental protection, or driving an automobile which is not registered or certified for region transfer according to law provisions.

f/ Erasing, modifying the automobile’s registration certificate, the engine’s numbers, the frame’s numbers, the certificate of technical safety inspection and environmental protection or other papers but not seriously enough to be examined for penal liability;

g/ Using one of the following fake papers: driving license, certificate of technical safety inspection and environmental protection and registration certificate;

h/ The driver commits a violation and resists the official(s) on duty when being handled, but not seriously enough to be examined for penal liability;

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

a/ Causing an accident then fleeing away, failing to come and report the accident to competent authorities, but not seriously enough to be examined for penal liability;

b/ Changing the automobile’s components, parts, accessories in order to avoid the inspection by competent State bodies.

7. A fine of VND 5,000,000 for any acts of transporting noxious, hazardous, flammable and/or explosive substances at variance with the regulations, or parking, stopping automobiles which carry the above-mentioned substances at crowded places or important works.

8. A fine of VND 20,000,000 on unlawful car racers.

Where an unlawful car racer resists the official(s) on duty but not seriously enough to be examined for penal liability or if he/she commits recidivism, he/she shall be subject to a fine of VND 50,000,000, the confiscation of his/her automobile and the deprivation of his/her driving license.

9. Apart from paying the fine prescribed in this Article, the automobile drivers shall be also subject to the following sanctioning forms:

a/ If violating Point a, Clause 5, or Point a, clause 6, Clause 7 of this Article, to have their driving licenses stripped of for 90 days;

b/ If violating Point a, Clause 6 of this Article, to pay compensation for any damage;

c/ If violating Point c, Clause 5 of this Article, to reduce the load before continuing the trip.

Article 14.-Sanctions on drivers of passenger cars and passengers thereon for violating traffic order and safety

1. A fine of VND 100,000 on passengers for one of the following acts:

a/ Causing disorder in the car;

b/ Obstructing the transportation of passengers;

c/ Threatening the life, health and/or property of other passengers, the car driver and/or his/her assistant(s), but not seriously enough to be examined for penal liability;

d/ Clinging to the car, sitting on its roof or committing other unsafe acts while the car is running.

2. A fine of VND 200,000 on passenger car drivers for one of the following acts:

a/ Letting passengers stay in the car when the car is embarking onto or disembarking from a ferry, or while on a ferry;

b/ Taking and/or releasing passengers when the car is running, not at the right stations or prescribed places, at non-stop or non-parking places or at winding road sections where the view is obstructed;

c/ Failing to shut the car’s door when it starts running.

3. A fine of VND 500,000 on passenger car drivers for one of the following acts:

a/ Letting passengers to cling to the car’s door, sit on the car’s side wall or roof;

b/ Transferring or ceding passengers to another en route without the passengers’ consent;

c/ Transporting more passengers than allowed for each kind of car;

d/ Transporting together with passengers animals, smelly commodities or substances that affect the passengers’ health;

e/ Releasing passengers to avoid inspection and/or control of competent officials(s);

f/ Transporting passengers and commodities together in the passenger cabins, putting commodities and luggage not at prescribed places;

g/ Using cars with expired use duration to transport passengers.

4. A fine of VND 2,000,000 for act of transporting noxious, hazardous, flammable and/or explosive substances together with passengers on the car.

5. Apart from paying the fine, the passenger car drivers who commit acts of violating the provisions of this Article shall be also forced:

a/ If violating Points a and c, Clause 2, Points a, c and d, Clause 3; Clause 4 of this Article, to immediately take remedy measures to ensure traffic safety;

b/ If violating Point c, Clause 3, Clause 4 of this Article, to have their driving licenses stripped of for 90 (ninety) days.

6. Passenger car drivers who commit acts of violating the provisions of Article 13 of this Decree shall be also sanctioned according to the provisions of such Article.

Article 15.-Sanctions against drivers of lambrettas, "Cong Nong" and "Bong Sen" mini-trucks and other vehicles of similar technical standard, for violating traffic order and safety

1. A fine of VND 100,000 on drivers of lambrettas for one of the following acts:

a/ Letting a passenger(s) sitting beside;

b/ Having no seats for passengers;

c/ Letting other persons cling to the vehicle;

d/ Loading commodities on the vehicle’s roof;

e/ The vehicle does not have enough lights, stop lights and signal lights as prescribed.

2. A fine of VND 500,000 on drivers of "Cong Nong and "Bong Sen" mini-trucks and other vehicles of similar technical standard, for one of the following acts:

a/ Carrying people;

b/ Failing to equip the vehicle with enough lights, with horn and brake, or equipping the vehicle with such things which, however, are no longer effective;

c/ Carrying flammable and/or explosive commodities at variance with regulations.

3. The drivers of lambrettas, "Cong Nong" and "Bong Sen" mini-trucks and other vehicles of similar technical standard, who violate the provisions of Article 13, Article 14 or Article 17 of this Decree, shall be sanctioned according to the provisions of these Articles.

Article 16.-Sanctions against drivers of caterpillars, overloaded or oversized vehicles for violating traffic order and safety

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

a/ Driving the vehicle on the road, across a bridge or ferry without a permit or with an expired permit;

b/ Failing to keep the right routes prescribed in the permit.

2. A fine of VND 2,000,000 for one of the following acts (except for vehicles which have been granted special permits):

a/ Transporting commodities, thus making the gross tonnage of the vehicle, after deduction of the allowed error, exceed the load-bearing capacity of the road or bridge up to 2 %;

b/ Transporting commodities with sizes exceeding the permitted size limits of a bridge or road, for less than 50 cm in height, less than 20 cm in width, or less than 50 cm in length of the bridge or road.

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

a/ Transporting commodities, thus making the gross tonnage of the vehicle, after deduction of the allowed error, exceed the load-bearing capacity of the road or bridge by over 2 %;

b/ Transporting commodities with sizes exceeding the permitted size limits of bridge or road, for the levels prescribed at Point b, Clause 2 of this Article;

4. Apart from paying the fine, the drivers who commit any acts of violating the provisions of this Article shall also have their driving licenses stripped of for 60 (sixty) days, be forced to unload the overweighed or overloaded commodities, and the vehicle owners or drivers shall have to bear all expenses arising therefrom, including the expense for the means for unloading the oversized or overloaded commodities.

Article 17.-Sanctions for violations of the technical safety standards of automobiles

1. A fine of VND 500,000 for one of the following acts:

a/ Driving a vehicle with tires of improper sizes or technical standards;

b/ The steering system fails to meet technical standards.

2. A fine of VND 1,000,000 for any act of changing the vehicle’s shape, size, shell frame or failing to meet the technical standards of the brake system, steering system and/or transmission system.

3. A fine of VND 3,000,000 for any act of changing the vehicle’s components, frame, engine or characteristics without permission of competent authorities.

4. A fine of VND 5,000,000 for driving right-hand drive automobiles.

5. Apart from paying the fine, the persons committing acts of violating the provisions of this Article shall also:

a/ For drivers who are also owners of the automobiles and violate Clause 3 of this Article, have their driving licenses stripped of for 180 (one hundred and eighty) days and the technical safety inspection and environmental protection certificates revoked;

b/ If violating Clause 4 of this Article, have their automobiles confiscated.

Article 18.-Sanctions against individuals and organizations committing acts of causing environmental pollution in land road traffic and urban traffic

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

a/ Spilling lubricant, mud or sludge onto the road surface;

b/ Failing to take measures to ensure hygiene by the driver of an animal-drawn cart;

c/ Letting earth, sand, garbage or other waste matters scatter on road by persons who pull or push carts, or carry, shoulder such thing;

d/ Letting animals defecate on the pavement or roadbed in the urban area;

e/ Relieving oneself on the pavement or roadbed in the urban area;

f/ Throwing carcasses, garbage or other waste matters onto roads, pavements or streets;

g/ Driving a dirty vehicle (caterpillar, car, lambretta, "Bong Sen" mini-truck or another vehicle of similar technical standard) into the city or urban area.

2. A fine of VND 500,000 on drivers of cars, lambrettas, "Bong Sen" mini-trucks or other vehicles of similar technical standard, for committing one of the following acts:

a/ Discharging smoke beyond the allowed limit, discharging dust, fetid smell into the air; causing noise above the allowed level;

b/ Discharging oil, grease and/or noxious or hazardous chemicals on traffic road;

c/ Letting earth, sand or waste matters scatter on traffic road.

3. Apart from paying the fine, individuals and organizations that commit acts of violating the provisions of this Article shall also have to take measures to overcome the consequences entailed by their violations.

Article 19.-Sanctions against individuals and organizations that commit other violations of land-road traffic order and safety and urban traffic order and safety

1. Warning or a fine of VND 20,000 on pedestrians who do not keep to the road part reserved for them or fail to obey the traffic lights, signboards, other traffic signs or the guidance of the traffic police or traffic control personnel.

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

a/ Letting buffaloes, oxen, cows, horses or other cattle run freely on traffic road;

b/ Riding buffaloes, oxen, cows, horses or other cattle in city, town or other places banned to animals.

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

a/ Throwing bricks, earth, rocks, sand or any other thing on persons or traffic means;

b/ Failing to put up temporary signs or to report in time to local authorities, the unit directly in charge of traffic or the traffic police of the nearest place when detecting unsafe land-road traffic works.

4. A fine of VND 200,000 for all acts of fighting, or inciting others to get into a fight, thus causing disorder on the street, on transport means, affecting land-road traffic order and safety and urban traffic order and safety.

5. A fine of VND 500,000 for one of the following acts:

a/ Placing or scattering spiked boards or other pointed iron objects on the road;

b/ Stretching a string or cord or setting up a barrier across the road without permission, thus obstructing traffic;

c/ Failing to provide the necessary means and to take measures to prevent accidents when cutting tree branches or felling trees on the roadside;

d/ Taking advantage of traffic accidents to appropriate others’ property but not seriously enough to be examined for penal liability;

e/ Employing tricks to cause a fake accident in order to ask for compensation;

f/ Manufacturing, trading in number plates of land-road motorized vehicles without permission of competent authorities.

6. Apart from paying the fine, individuals and organizations that commit acts specified in this Article shall also be forced:

a/ If violating Point b, Clause 5 of this Article, to promptly remove the obstacles to traffic;

b/ If violating Point b, Clause 3, Points a and c, Clause 5 of this Article, to take measures to ensure traffic safety;

c/ If violating Point f, Clause 5 of this Article, to have number plates and equipment and tools for the manufacture thereof confiscated, to immediately stop the manufacture and trading in the number plates of land-road motorized vehicles.

Article 20.-Sanctions against organizations and individuals that violate the land-road transportation business conditions, thus affecting traffic order and safety

1. A fine of VND 5,000,000 for any act of violating the conditions for doing business in operating parking lots.

2. A fine of VND 10,000,000 for any act of violating the conditions for doing business in operating car stations.

3. A fine of VND 50,000,000 for any act of violating the conditions for doing business in super-long and super-heavy commodity transportation.

4. A fine of VND 100,000,000 for any act of violating the conditions for doing business in passenger transportation or international transportation.

Chapter III

COMPETENCE TO IMPOSE ADMINISTRATIVE SANCTIONS ON VIOLATIONS OF LAND-ROAD TRAFFIC ORDER AND SAFETY AND URBAN TRAFFIC ORDER AND SAFETY

Article 21.-Assignment of competence to impose administrative sanctions

1. The People’s Committees at various levels shall have competence to sanction violations of land-road traffic order and safety and urban traffic order and safety in the localities under their respective management.

2. The land-road traffic inspectors shall have competence to sanction acts of violating the provisions of Articles 4, 5, 6, 7, 9; Point b, Clause 2 of Article 13; Points f and j, Clause 4 of Article 13; Points c, d and e, Clause 5 of Article 13, Points a and b, Clause 2 of Article 14; Article 16; Article 18; Clauses 1, 2 and 3; Points a, b and c, Clauses 5 and 6 of Article 19; and Article 20 of this Decree.

3. The People’s Police force shall have competence to sanction all acts of violating land-road traffic order and safety and urban traffic order and safety prescribed in this Decree.

4. Where an administrative violation falls under the sanctioning competence of many agencies, the agency that first handles the violation shall effect the sanctioning.

Article 22.-The sanctioning competence of the presidents of the People’s Committees at various levels

1. The presidents of the People’s Committees of communes, wards and townships are competent to:

a/ Serve warnings;

b/ Impose fines not exceeding VND 200,000

c/ Confiscate material evidences and means employed in the violation, valued at up to VND 500,000;

d/ Force compensation for damage not exceeding VND 500,000;

e/ Force the application of measures to overcome the consequences entailed by the administrative violations.

2. The presidents of the People’s Committees of urban districts, rural districts and provincially-run cities are competent to:

a/ Serve warnings;

b/ Impose fines not exceeding VND 10,000,000;

c/ Confiscate material evidences and means employed in the violations;

d/ Force the restoration of the original state like before the administrative violation is committed, force the dismantlement of unlawfully-constructed works;

e/ Force the compensation for damage not exceeding VND 1,000,000;

f/ For the application of measures to overcome consequences entailed by the administrative violations.

3. The presidents of the People’s Committees of the provinces and centrally-run cities are competent to:

a/ Serve warnings;

b/ Impose fines not exceeding VND 100,000,000;

c/ Confiscate material evidences and means employed in the violations;

d/ Force the restoration of the original state as it was before the administrative violation is committed, force the dismantlement of unlawfully-constructed works;

e/ Force the application of measures to overcome consequences entailed by the administrative violations.

f/ Force the compensation for damage not exceeding VND 1,000,000;

Article 23.-The sanctioning competence of the People’s Police

1. The people’s policemen on duty are competent to:

a/ Serve warnings;

b/ Impose fines not exceeding VND 100,000.

2. The immediate superior officers of the People’s policemen are competent to:

a/ Serve warnings;

b/ Impose fines not exceeding VND 200,000;

c/ Force the compensation for damage not exceeding VND 500,000.

3. The heads of the commune/ward/township police offices may apply various forms of administrative sanction, apply consequence-overcoming measures as specified in Clause 1, Article 22 of this Decree.

4. The heads of the police offices of the rural districts, urban districts and provincial towns shall be entitled to:

a/ Serve warnings;

b/ Impose fines not exceeding VND 2,000,000.

c/ Strip of driving licenses;

d/ Confiscate material evidences and means employed in the violations;

e/ Force the restoration of the original state as it was before the administrative violation is committed, force the dismantlement of unlawfully-constructed works;

f/ Force the application of measures to deal with the environmental pollution and/or the spread of epidemics caused by the administrative violations;

c/ Force the compensation for damage caused by the administrative violations, not exceeding VND 1,000,000.

5. The heads of the traffic police offices of the provinces, provincial towns and centrally-run cities; the heads of the police offices in charge of administrative management over social order; the heads of the task-force units and mobile police units of the company, equivalent or higher level are competent to impose sanctions like the heads of the police offices of rural districts, rural districts, towns and provincial capitals and towns as prescribed in Clause 4 of this Article.

6. The director of the land-road and railway traffic police department, the director of the police department in charge of administrative management over social order and the directors of the police offices of the provinces and centrally-run cities are competent to:

a/ Serve warnings;

b/ Impose fines of up to VND 20,000,000;

c/ Apply additional sanctioning forms and consequence-overcoming measures specified in Clause 4, Article 23 of this Decree.

Article 24.-The sanctioning competence of the land-road traffic inspectorate

1. The land-road traffic inspectors are competent to:

a/ Serve warnings;

b/ Impose fines not exceeding VND 200,000;

c/ Confiscate material evidences and means employed in the violations; valued at not more than VND 500,000;

d/ Force the restoration of the original state as it was before the administrative violation is committed, force the dismantlement of unlawfully-constructed works;

e/ Force the application of measures to ensure traffic safety.

2. The heads of the land-road traffic inspection boards of the land-road management regions and the provincial/municipal Communications and Transport (Communications and Public Works) Services are competent to:

a/ Serve warnings;

b/ Impose fines not exceeding VND 10,000,000 for violations specified in this Decree;

c/ Force the compensation for damage caused by administrative violations, not exceeding VND 1,000,000;

d/ Apply additional sanctioning forms, consequence-overcoming measures specified in Clause 1 of this Article.

Article 25.-Collection and payment of fines

1. Individuals and organizations that commit administrative violations of land-road traffic order and safety and urban traffic order and safety and are fined shall have to pay fines at the prescribed places. If they evade or fail to pay the fines in time, thus delaying the payment, they shall be forced to pay the fines according to law provisions.

2. The sanctioning and the sanctioned persons are strictly forbidden to collect and pay fines at places at variance with law provisions on sanctioning of administrative violations.

Article 26.-Sanctioning order and procedures

The sanctioning order and procedures shall comply with the provisions of the Ordinance on Handling of Administrative Violations.

Article 27.-Forcible execution of decisions to sanction administrative violations

1. Individuals and organizations that are sanctioned for administrative violations but fail to voluntarily comply with sanctioning decisions shall be forced to execute such sanctioning decisions by means of the following measures:

a/ Deduction of part of their salary or income, deduction of money in their bank accounts;

b/ Inventory of part of the property with value being equivalent to the fine amount for auction;

c/ Application of other forcible measures for the execution of the sanctioning decisions.

2. Persons with sanctioning competence shall be entitled to issue decisions on forcible execution and have the task of organizing the forcible execution.

3. The People’s Police force shall have to enforce the decisions on forcible execution, issued by the People’s Committees of the same level, and coordinate with other State bodies in organizing the enforcement of the latter’s forcible execution decisions when so requested.

Article 28.-Complaints and denunciations

1. Individuals and organizations that are administratively sanctioned or their lawful representatives may lodge complaints about sanctioning decisions according to the provisions of Article 88 of the Ordinance on Handling of Administrative Violations.

2. Citizens may denounce administrative violations committed by individuals and organizations as well as violations committed by persons competent to impose administrative sanctions to competent State bodies.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 29.-This Decree takes effect 15 days after its signing.

This Decree replaces the Government’s Decree No. 49/CP of July 26, 1995 and Decree No. 78/1998/ND-CP of September 26, 1998.

Article 30.-The Minister of Public Security, the Minister of Communications and Transport and the Minister of Finance shall, within the scope of their respective tasks, have to guide in detail and organize the implementation of this Decree.

Article 31.-The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government, and the presidents of the People’s Committees of the provinces and centrally-run cities shall have to implement this Decree