VietnameseDecree No. 49/CP dated July 26, 1995 of the Government providing for administrative sanctions against violations of traffic order and safety on land roads and in urban areas
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Decree No. 49/CP dated July 26, 1995 of the Government providing for administrative sanctions against violations of traffic order and safety on land roads and in urban areas
| Issuing body: | Government | Effective date: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Official number: | 49/CP | Signer: | Vo Van Kiet |
| Type: | Decree | Expiry date: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Issuing date: | 26/07/1995 | Effect status: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Fields: | Administrative violation , Public order , Transport |
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THE GOVERNMENT ------- | SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness --------- |
No: 49-CP | Hanoi, July 26, 1995 |
DECREE
PROVIDING FOR ADMINISTRATIVE SANCTIONS AGAINST VIOLATIONS OF TRAFFIC ORDER AND SAFETY ON LAND ROADS AND IN URBAN AREAS
THE GOVERNMENT
Pursuant to the Law on Organization of the Government of September 30th, 1992;
Pursuant to the Ordinance on the Protection of Communication Projects of December 2nd, 1994;
Pursuant to the Ordinance on the Vietnam People's Police of January 28, 1989, and the Ordinance amending Article 6 of the Ordinance on the Vietnam People's Police of July 6, 1995;
Pursuant to the Ordinance on the Handling of Administrative Violations of July 6, 1995;
Pursuant to the Regulations on Traffic Order and Safety on Land Roads and in Urban Areas promulgated together with Decree No.36-CP of the Government on May 29th, 1995;
At the proposals of the Minister of the Interior, the Minister of Communications and Transport, and the Minister of Justice,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- Principles for the handling of administrative violations
1. The administrative sanctions against the violations of traffic order and safety on land roads and in urban areas shall be handled by the People's Committees of various levels and the People's Police and Traffic Inspectorate as prescribed by law.
2. All individuals and organizations that commit acts of violation of traffic order and safety on land roads and in urban areas shall be handed administrative sanctions under the provisions of this Decree.
3. All acts of violation of traffic order and safety on land roads and in urban areas must be detected in time and stopped immediately. The fining must be conducted promptly, justly and openly. All the consequences of the administrative violations must be overcome as prescribed; the organizations and individuals that commit acts of administrative violation causing material damage have the responsibility to make compensations as prescribed by law.
4. Any act of administrative violation shall be handled only once.
A person who commits many acts of administrative violation shall be fined for each of the violations. The person authorized to hand the fine shall decide the form of sanction for each act of violation; if the forms of sanction are cash fines, all the fines shall be added up to become a common fine.
If many persons commit an act of administrative violation, each of them shall be fined separately.
5. The administrative sanctions must be based on the character and extent of the violation, the person of the offender and the extenuating or aggravating circumstances so that an appropriate form and measures of sanction as stipulated in this Decree can be adopted.
6. No sanction against administrative violations shall be applied in case of emergency, legitimate defense, unexpected developments, or in case the offender is affected by a mental disease or other diseases which deprive him/her of the acity of cognizance or of controlling his/her act.
Article 2.- The fines against administrative violations with extenuating or aggravating circumstances are defined as follows:
1. A fine against an administrative violation with extenuating circumstances may be reduced but not to below half the level of fine against such an act of violation stipulated in this Decree.
2. A fine against an administrative violation with aggravating circumstances may be increased but must not exceed the double of the fine against a similar act of violation stipulated in this Decree.
3. The provisions for the extenuating or aggravating circumstances shall conform with the regulations in the Ordinance on the Handling of Administrative Violations.
Article 3.- Sanctions against the persons with authority to hand sanctions against administrative violations.
1. The person with authority to hand administrative sanctions must hand the sanction against the right persons, the right violations and in accordance with his/her competence and law. He/She must immediately ask the concerned agencies to take immediately necessary measures to ensure traffic order and safety and protect the communication project.
2. The person with authority to hand sanctions against administrative violations who hassles, condones or covers up the offender, or who passes over the violation or does not hand the sanction in time or not justly, or who hands the sanction beyond his/her prescribed authority shall, depending on the character and extent of the violation, be subject to discipline or be examined for penal liability. If his/her violation causes material losses, he/she shall have to make compensations as prescribed by law.
Chapter II
FORMS OF ADMINISTRATIVE SANCTION AGAINST VIOLATIONS OF TRAFFIC ORDER AND SAFETY ON LAND ROADS AND IN URBAN AREAS
Article 4.- Sanctions against acts of encroachment upon land communication projects affecting traffic order and safety on land roads and in urban areas.
1. Fine of 100,000 Dong against one of the following acts:
a/ Planting trees within the road protection corridor, thus obstructing the view of the drivers of means of transport;
b/ Drying rice straw and stub, farm produce and foods and other things on the land roads;
c/ Engaged in production, business and service activities without permit in the areas of ports, bus stations and waiting rooms.
2. Fine of 500,000 Dong against one of the following acts:
a/ Erecting welcome archs, putting or hanging advertisement boards or other obstructions within the protection corridor of communication projects thus affecting traffic order and safety;
b/ Putting building materials or any other things on the land roads thus causing obstruction to traffic order and safety.
3. Fine of 1,000,000 Dong against an act of unauthorized removal of a traffic marker post.
4. Fine of 2,000,000 Dong against an act of theft and removal of or damage to the structure and auxiliary parts of a communication project thus affecting traffic safety.
5. Aside from cash fine, the individuals or organizations committing acts defined at this Article is compelled to immediately carry out the following measures:
a/ If they violate Point a, Item 1, they must immediately pull up the trees already planted;
b/ If they violate Point a, Item 2, they must dismantle the construction which has been erected illegally;
c/ If they violate Point b, Item 1 and Item 2, they must clear the straw and stub, farm produce, foods, building materials or other objects which have been laid on the communication road;
d/ If they violate Item 3, Item 4, they must restore the initial state which has been altered as a result of the violation.
Article 5.- Sanctions against individuals or organizations that violate the regulations on construction, maintenance, repair and management of the land roads.
1. Fine of 1,000,000 Dong against one of the following acts:
a/ To conduct activities in construction, maintenance and repair of projects within the corridor of protection of land transport projects or projects directly related to the land transport projects without permits from the management agencies of the land roads. Even if they have permits, they are still liable to sanction if they do not report in writing to the agency directly managing the land transport project;
b/ Failing to restore the initial state of the communication project and failing to report in writing to the agency directly managing the land road after having completed the construction of the project.
2. Fine of 1,500,000 Dong against one of the following acts:
a/ Failing to plant or to plant not in conformity with the regulations concerning the signboards and mobile marker posts; failing to put up barriers; failing to put up red signs at night at both ends of the road section where traffic is temporarily suspended;
b/Failing to take measures of handling in time or measures to direct traffic in order to prevent accidents when detecting a damaged part of the land transport project threatening traffic safety;
c/ Failing to place persons to guide or direct traffic when a construction work is done at a narrow section of road where traffic must continue; or at either end of a bridge, culvert or underground road under construction;
d/ Failing to clear immediately the signboards, barriers, means and other materials after the construction is completed;
e/ To put materials, earth, stone and construction equipment, vehicles and machines outside the area of construction, thus causing obstruction to traffic.
3. Fine of 2,000,000 Dong against the agency directly managing the transport project which commits one of the following acts:
a/ Failing to take measures to ensure traffic safety on the dangerous passes, slopes and road sections;
b/ Failing to provide traffic guidance or to stop traffic as prescribed by traffic rule during the storm and flood season, or in case of other incidents affecting traffic safety;
c/ Using means and specialized equipment below the safety norms in construction.
4. Aside from cash fine, the individual or organization committing violations stipulated at this Article shall have to take immediate remedy actions to ensure traffic safety as prescribed.
Depending on the extent of his violation, the person responsible for the State construction unit or the agency directly managing the transport project shall be subjected to discipline. If his act leads to serious consequences, he shall be examined for penal liability.
Article 6.- Sanctions against individuals and organizations whose violations cause damage to land transport projects and affect traffic order and safety.
1. Fine of 100,000 Dong against one of the following acts:
a/ Erecting embankments or scooping water across the road;
b/Laying conduits or pipes of various kinds on the road bed.
2. Fine of from 2,000,000 Dong against one of the following acts:
a/ Conducting illegal drilling, digging or cutting on the roads;
b/ Failing to restore the sections of road where it was temporarily permitted to conduct drilling, digging, cutting or leveling after completing the project;
c/ Damaging or neutralizing the effect of the drainage system of the communication project;
d/ Opening without authorization a passage across a road or the dividing line on the road.
3. Aside from cash fine, the offending individuals or organizations shall be obliged to take the following measures:
a/ If they violate Point b, Item 1, they must immediately remove the conduit or pipe that has been illegally laid;
b/ If they violate Point a, Item 1 or Item 2, they must immediately restore the initial state which has been altered by the violation .
Article 7.- Sanctions against individuals or organizations that violate order in the management of pavements and roads in urban centers.
1. To be served a warning or fined 20,000 Dong in one of the following cases: to play football, shuttlecock or badminton, or engage in other activities on the roadbed and pavement, thus affecting traffic order and safety.
2. Fine of 50,000 Dong against one of the following acts:
a/ To encroach on the pavement or roadbed, to hold market or display commodities for sale;
b/ To put up a roof or any cover over the pavement or an urban road, thus obstructing traffic or damaging the lands e of the town;
c/ To use the pavement or roadbed for the erection of signboards or advertisement bills; to sell miscellanies, to repair bicycles or conduct small businesses in places where such activities are not permitted;
d/ To park means of transport on the pavement and roadbed contrarily to the prescriptions;
e/ To build without authorization a step or steps for the movement of means of transport from the roadbed to the pavement and from the pavement into the house.
3. Fine of 200,000 Dong against one of the following acts:
a/ To use the pavement as a place to keep bicycles, motorbikes and motorcars;
b/ To place building materials and other materials on the pavement or roadbed in an urban area.
4. Fine of 2,000,000 Dong against one of the following acts:
a/ To use the pavement or roadbed as a place to trade in building materials or to conduct production activities, repairs, or to wash cars, motorbikes, to display sale stands or counters, or to do service businesses;
b/ To use the pavement or roadbed to erect illegal constructions.
5. Aside from cash fine, the individual or organization that violates the regulations in Points b, c and d of Item 2 and Item 4 of this Article shall have to immediately dismantle the constructions they have illegally set up and restore the initial state which has been altered by the violation.
Article 8.- Sanctions against cyclists who violate the regulations on traffic order and safety:
1. Fine of 10,000 Dong against one of the following acts:
a/ To ride not on the lane reserved for cyclists, to ride on the pavement, in the public flower gardens and parks;
b/ To use umbrellas for protection against rain or shine while riding on bicycle;
c/ To stop the bicycle on the roadbed or on the banned direction thus causing obstruction to traffic;
d/ To ride at high speed from the house or alley or sidestreet onto the main road, or from the main road into the alley or sidestreet without proper observation, thus affecting traffic safety;
e/ To ride into the opposite direction of a two-way road, or into a banned road or an area marked with a "no entry" sign, or a road exclusively reserved for motorized vehicles.
2. Fine of 20,000 Dong against one of the following acts:
a/ To ride past a crossroads, a bridge, a ferry or a dangerous road section without obeying the signal light or sign and other traffic signs, or the guidance of the traffic police or a member of the traffic control service;
b/ To ride three and more abreast, or to carry more persons than permitted;
c/ To stop the bicycle beyond the prescribed limit at the crossroads when the red light is on or when the traffic police has signaled to stop;
d/ Failing to signal by hand before changing direction;
e/ Riding or pushing a bicycle with a cumbersome load exceeding the prescribed limit, or violating the regulations on the timetable and road lane.
3. Fine of 50,000 Dong against one of the following acts:
a/ Holding on to a motorized vehicle, carrying a cumbersome load while riding, tugging along an animal, carrying on pillion more persons than allowed;
b/ Riding without holding the handlebar; pulling, towing or pushing another bicycle; recklessly outstripping another vehicle, turning to another direction in front of a motorized vehicle;
c/ Weaving one's way on the bike, riding in zigzags, chasing one after another on the street.
4. Fine of 500,000 Dong against one of the following acts:
a/ Taking part in an unauthorized cycling race;
b/ Causing an accident and fleeing the scene.
5. Fine of 1,000,000 Dong and confiscation of the bicycle of anyone who takes part in an unauthorized cycling race and who refuses to obey the person on duty but not yet liable to examination for penal liability.
6. Fine of 2,000,000 Dong against the act of organizing an unauthorized cycling race.
Article 9.- Sanctions against the drivers of animal-drawn carts, or the persons who pull or push carts in violation of traffic order and safety.
1. Fine of 30,000 Dong against one of the following acts:
a/ Not keeping to the lane reserved for each kind of vehicle;
b/ Entering a prohibited road or an area marked with a "no entry" sign;
c/ Pushing a cart as a mobile sale stand on the road contrarily to prescriptions, thus causing obstruction to traffic order and safety.
2. Fine of 50,000 Dong against one of the following acts:
a/ To ride two and more abreast;
b/ To let an animal draw a cart without guardian;
c/ To have no signal light or sign as prescribed;
d/ Failing to observe the signal light, traffic sign and other traffic signals or the guidance of the traffic police or the traffic control personnel when crossing a road, a bridge, a ferry or a dangerous road section;
e/ Failing to obverse the regulations on road and lane division, and the principle on priority of passage;
f/ To stop the bicycle beyond the prescribed limit when the red light is on, or in spite of the "stop" order of the traffic police;
g/ To ride through a motorcade or a throng of people;
h/ To ride outside the prescribed time, or to ride a kind of vehicle banned from circulation in urban areas;
i/ Failing to warn by hand when changing the direction of the ride.
3. Fine of 100,000 Dong against one of the following acts:
a/ To load the vehicle beyond the allowed limit;
b/ Failing to carry out safety measures and safety signals;
c/ To cause big noise in a population area when loading or unloading commodities from 10 p.m. to 5 a.m.
4. Fine of 500,000 Dong against organizing an unauthorized animal race.
5. Fine of 1,000,000 Dong and confiscation of the cart and the animal against participating in an unauthorized animal race and resisting the person on duty, but not yet liable to be examined for penal liability.
Article 10.- Sanctions against drivers of cyclo and hauling bicycle violating traffic order and safety.
1. Fine of 30,000 Dong against one of the following acts:
a/ The cyclo does not meet the prescribed criteria;
b/ The cyclo carries more than two adults; arranges for the passenger(s) to sit on the side of the cyclo, carries cumbersome commodities larger, higher or wider than the allowed limits.
2. Fine of 50,000 Dong and confiscation of the cyclo if the cyclo is not registered, does not have the name plate (in the locality where registration and name plates are mandatory), or if the cyclo carries a fake name plate.
3. Fine of 500,000 Dong against all cyclo and hauling bicycle race.
4. Fine of 1,000,000 Dong and confiscation of the cyclo or hauling bicycle against participating in a cyclo or hauling bicycle race coupled with resisting the person on duty, but not yet liable to be examinated for penal liability.
5. In case the driver of a cyclo or hauling bicycle commits one of the violations stipulated in Article 8 of this Decree, he/she shall be penalized according to the provisions of this Article.
Article 11.- Sanctions against drivers of mopeds, motorcycles, hauling motorbikes and motorized cyclos violating traffic order and safety.
1. Fine of 50,000 Dong against one of the following acts:
a/ Not keeping to the right lane, riding on the pavement, into a banned area, or a road with a "no entry" sign;
b/ Using an umbrella to protect oneself against shine and rain when riding a moped or motorcycle;
c/ Parking or stopping on the roadbed or at a no-parking or no-stopping place;
d/ The driver of the mobbed or motorcycle carries more persons than prescribed, or carries cumbersome commodities and other objects; or ride on mopeds, motorcycles, hauling motorcycles or motorized cyclos two and more abreast;
e/ The driver of the moped, motorcycle, hauling motorcycle or motorized cyclo is under 16 years of age;
f/ Failing to signal when changing direction or passing through a place where the view is obstructed; using the main headlight from 7 p.m. to 5 a.m. in the cities, towns or townships; honking noisily thus breaking the quietness of the night from 10 p.m. to 5 a.m., or passing through a place marked with the "no honking" sign.
2. Fine of 100,000 Dong against one of the following acts:
a/ Overspeeding; riding into the opposite direction of a two-way road; or entering a banned road or area;
b/ Failing to observe the rule of traffic priority, refusing to let another vehicle overtake and pass even though the latter has asked permission by honking or flashing signal;
c/ Riding past a road, bridge, ferry or dangerous road section without observing the signal light or sign or other traffic signals, or the guidance of the traffic police or the traffic control personnel;
d/ Using motorcycles, mopeds, hauling motorcycles, motorized cyclos to pull, push or as hauler for another vehicle, or to pull an animal or an object;
e/ To use a vehicle without lights, horns or brakes, or with inoperative lights, horns or brakes, or to use horns reserved only for priority cars and trucks; to use unreadable name plates;
f/ To ride a moped, motorcycle, hauling motorcycle, motorized cyclo without driving license as prescribed; to lend the driving license;
g/ Refusing to submit to the inspection and control by the traffic police when caught violating traffic regulations;
h/ Failing to fill the procedure for transferring ownership right of the vehicle or when transferred to another area as prescribed .
3. Fine of 200,000 Dong against one of the following acts:
a/ Riding at high speed from the house, alley or sidestreet into the main street, and vice versa;
b/ Riding an unlicensed vehicle, a vehicle without name plate or with a fake name plate.
4. Fine of 500,000 Dong against one of the following acts:
a/ Riding without holding on the handle bar, overtaking another vehicle contrarily to traffic rules; using a vehicle without a noise reduction device; letting the support bar drag on the roadbed while riding;
b/ Driving the vehicle after drinking alcohol, beer or other stimulants past the prescribed volume percentage;
c/ Failing to keep intact the evidences after causing an accident.
5/ Fine of 1,000,000 Dong against one of the following acts:
a/ Weaving one's way or riding in zigzags or chasing one another on the road;
b/ Riding a motorcycle with cylinder acity of 175 cm3 and above without permit;
c/ Altering the characteristics of the vehicle;
d/ Causing an accident and fleeing the scene.
6. Fine of 2,000,000 Dong against one of the following acts:
a/ Weaving one's way or riding in zigzags, chasing one another and causing accident but not yet liable to be examined for penal liability;
b/ Weaving one's way or riding in zigzags, chasing one another and causing accident and ignoring the order of the person on duty to stop.
7. Apart from cash fine, the driver of a moped, motorcycle, hauling motorcycle, motorized cyclo who commits one of the violations mentioned in this Article shall also be subject to the following sanctions:
a/ If he/she violates Point b, Item 4, Point a and Point d, Item 5, he/she will have the driving license withdrawn for a period of 60 days;
b/ If he/she violates Item 6, he/she will have the driving license withdrawn and the vehicle confiscated in case of recidivism;
c/ If he/she violates Point a, Item 6, he/she will have to pay compensations for the damage.
Article 12.- Sanctions against the participants, organizers and exhorters of unauthorized motorcycle races.
1. Fine of 100,000 Dong against exhorters of unauthorized motorcycle races.
2. Fine of 300,000 Dong against the exhorters of unauthorized motorcycle races who also prevent the person on duty from performing his task.
3. Fine of 5,000,000 Dong against the participants in an unauthorized motorcycle race.
4. Fine of 20,000,000 Dong against one of the following acts:
a/ Taking part in an unauthorized motorcycle race and resisting the person on duty but not yet liable to be examined for penal liability;
b/ Recidivism of unauthorized motorcycle race.
5. Fine of 50,000,000 Dong against the organizers of unauthorized motorcycle races.
6. Apart from cash fine, the participant in an authorized motorcycle race who violates one of the stipulations in Item 4 of this Article shall also have his/her motorcycle confiscated.
Article 13.- Sanctions against the drivers of automobiles violating traffic safety and order.
1. Fine of 200,000 Dong against one of the following acts:
a/ Driving an automobile not in keeping with the prescribed lane or road;
b/ To park stop, veer, drive past, back away, turn around or turn left or right not in keeping with prescriptions;
c/ Honking in cities, towns and townships or a place where honking is prohibited, honking at night time from 10 p.m. to 5 a.m. in the cities, towns and townships; using headbeams from 7 p.m. to 5 a.m. when another automobile is coming from the opposite direction;
d/ The name plate is unreadable or hidden or lacks one or two letters or numbers required. To put the nameplate not at the prescribed place;
e/ To drive an automobile without horn, headlights, signal lights, screen wipers and windshields.
2. Fine of 500,000 Dong against one of the following acts:
a/ To drive an automobile into the opposite direction of a two-way road, a road banned to some kinds of vehicle;
b/ Overspeeding; driving at high speed from an alley or sidestreet into a mainroad, or vice versa;
c/ Refusing to let another vehicle overtake and pass even if it has signaled to ask permission to do so, or refusing to make way for another vehicle moving on the same main road;
d/ Driving past a bridge, a ferry or a dangerous road section without complying with the signal light, signs or other traffic signals, or the guidance of the traffic police or the personnel of the traffic control service;
e/ Driving a vehicle transporting earth, sand and other materials or other commodities without the necessary cover or without the necessary safety measures;
f/ Refusing to carry a victim of accident for emergency care when riding past the place where the accident takes place;
g/ To drive an automobile without brakes, driving at night without the prescribed lights.
3. Fine of 1,000,000 Dong against one of the following acts:
a/ Refusing to make way for a priority vehicle;
b/ Using his automobile to push or haul another vehicle, to pull a boiler casing or a trailer at variance with prescriptions;
c/ Transporting cumbersome goods or objects higher, longer and wider than allowed;
d/ Transporting bamboo, iron and steel or other materials but letting them drag on the road or without taking the necessary safety measures;
e/ The driver is under or above the prescribed age;
f/ To refuse to comply with or to prevent the control and inspection or guidance by the police or the personnel in the traffic control service when he/she is caught in the act of violation;
g/ To lend or hire the driving license.
4. Fine of 2,000,000 Dong against one of the following acts:
a/ Driving after taking alcohol, beer or other stimulants with volume percentages higher than allowed;
b/ Practicing driving without the practice permit or without an instructor sitting beside; the vehicle does not carry the "practice driving" sign as prescribed; to drive without the supplementary brakes and the rearview mirror; driving on a public road without authorization, or outside the prescribed lane or road;
c/ Transporting goods and objects above the allowed weight.
5. Fine of 2,000,000 Dong against an offending driver of automobile who resists the person on duty when forced to stop but not yet liable to be examined for penal liability.
6. Fine of 2,000,000 Dong against one of the following acts:
a/ The driver does not have a driving license or the license does not conform with the kind of vehicle which he is driving; his vehicle does not have a circulation permit or the permit has expired; it is not duly registered, is not certified for transfer of region or does not have the operating permit as prescribed;
b/ Erasing or fiddling with the registration certificate, the operating permit and other permits;
c/ To put up a fake name plate, using a fake driving license, a fake circulation permit, or a fake certificate of ownership.
7. Fine of 5,000,000 Dong against one of the following acts:
a/ Causing an accident and fleeing the scene but not yet liable to be examined for penal liability;
b/ Borrowing or hiring a whole automobile or some components of another vehicle to avoid control by the authorized agency.
8. Fine of 10,000,000 Dong against any act of transporting noxious, inflammable and explosive substances not in conformity with prescriptions, or to stop or park such a vehicle in a crowded place.
9. Fine of 20,000,000 Dong against participants in an unauthorized motor race.
If a participant in a motor race who resists the person on duty but is not yet liable to be examined for penal liability, or if he/she is a recidivist, he/she shall be fined 50,000,000 Dong, have his/her vehicle confiscated and his driving license withdrawn.
10. Apart from cash fine, the offender as described in this Article shall also be subject to the following sanctions:
a/ If he/she violates Point a, Item 4, and Item 7 and Item 8, he/she shall have his/her driving license withdrawn for a period of 90 days;
b/ If he/she violates Point c, Item 4, he/she shall have to immediately reduce the freight and bear all the cost of this unloading;
c/ If he/she violates Point a, Item 7, he/she shall have to pay compensation for the damage.
Article 14.- Sanctions against drivers of passenger cars violating traffic order and safety.
1. Fine of 200,000 Dong against one of the following acts:
a/ Allowing the passengers to stay in the car when the car descends on or mounts from a ferry boat;
b/ To take or release passengers when the car is running, or to do so at the wrong stations or outside the prescribed places;
c/ Failing to shut the car door on departure or while the car is running.
2. Fine of 500,000 Dong against one of the following acts:
a/ Allowing passengers to hang on the car door, or to sit on the walls and roof of the car;
b/ To discharge or cede passenger of one's car to another car without the consent of the concerned passengers;
c/ Loading goods improperly which causes the car to lose its balance;
d/ To carry more passengers than prescribed for each kind of vehicle (except buses).
3. Fine of 1,000,000 Dong against using trucks to carry passengers without authorization or at variance with prescriptions.
4. Fine of 2,000,000 Dong against the transportation of noxious substances or inflammable and explosive substances.
5. Aside from cash fine, the offending driver of a passenger car as stipulated in this Article is also subject to the following sanctions:
a/ If he/she violates Point a, Point c, Item 1, Item 2, Item 3 and Item 4, he/she shall have to take immediate remedy measures to ensure traffic safety;
b/ If he/she violates Point d, Item 2, Item 3 and Item 4, he/she shall have his/her driving license withdrawn for a period of 90 days.
6. The offending driver of a passenger car who violates the stipulations of Article 13 of this Decree shall be penalized under the provisions of this Article.
Article 15.- Sanctions against the drivers of three wheeled vans, the so-called "cong nong" and "bong sen" primitive vans and other transport means of similar technical standard who violate traffic order and safety.
1. Fine of 100,000 Dong against the driver of a three-wheeled van who commits one of the following violations:
a/ Allowing a passenger to sit beside the driver;
b/ Having no seats for passengers;
c/ Allowing passengers to hang on outside the van;
d/ To load goods on the roof of the van;
e/ The vehicle is deficient in headlights, brake lights and signal lights as prescribed.
2. Fine of 500,000 Dong against the driver of "cong nong" or "bong sen" or other vehicles of similar technical standard who commits one of the following violations:
a/ Carrying one or several passengers;
b/The vehicle is deficient in lights, horn and brakes or these implements have become inoperative.
3. The driver of a three-wheeled van, a "cong nong" or "bong sen" van or other means of transport with similar technical standard who violates one of the provisions of Article 13 and Article 14 of this Decree shall be sanctioned under the provisions of these Articles.
Article 16.- Sanctions against the driver of carterpillar vehicles, oversized or overloaded vehicles who violates traffic order and safety:
1. Fine of 5,000,000 Dong against one of the following acts:
a/ Driving the vehicle on the roads or bridges without permit or with expired permits;
b/ Not keeping to the lane and road and area written in the permit;
c/ Overloading, discharging or reducing the load or taking other acts aimed at dodging freight control by the authorized person.
2. Aside from cash fine, the driver of carterpillar vehicles, oversized and overloaded vehicles who violate Point a, Point b of this Article shall have his driving license withdrawn for a period of 90 days; he/she shall have to reduce the load and size of the vehicle immediately. All the cost arising therefrom including the hire of means to reduce the load and reduce the size shall be borne by the owner and driver of the vehicle.
3. The driver of a carterpillar vehicle, oversized or overloaded vehicle who commits one of the violations stipulated in Article 13 and Article 14 of this Decree shall be sanctioned under the provisions of these Articles.
Article 17.- Sanctions against violations of safety technical norms of automobiles.
1. Fine of 500,000 Dong against one of the following acts:
a/ Driving a vehicle with tires that do not conform with the proper size and technical norms;
b/ The steering mechanism does not meet the technical norms.
2. Fine of 1,000,000 Dong against any act of altering the shape, size and frame of the vehicle or the system of brakes and the system of motive transmission and movement which does not ensure the technical norms.
3. Fine of 3,000,000 Dong against any act of changing the whole feature of the vehicle or its engine, or changing the characteristics of the vehicle without the permission of the authorized agency.
4. Fine of 5,000,000 Dong against the use of right-hand drive automobiles.
5. Aside from cash fine, the offender as stipulated in this Article shall also be subjected to the following sanctions:
a/ If he/she violates Item 3, he/she shall have the driving license withdrawn for a period of 180 days and have the circulation permit of his/her vehicle revoked;
b/ If he/she violates Item 4, his/her vehicle shall be confiscated.
Article 18.- Sanctions against the individual or organization that take acts causing environmental pollution in land traffic and in urban traffic:
1. Fine of 100,000 Dong against one of the following acts:
a/ Spilling lubricant, mud or sludge on the roadbed;
b/ The driver of animal-drawn carts fails to take measures to ensure hygiene;
c/ The person who pulls or pushes a cart or carries loads lets earth, sand, garbage or other waste matters scatter on the road;
d/ The driver lets his animals soil the pavement or roadbed in the urban area;
e/ He himself urinates or defecates on the pavement or roadbed in an urban area;
f/ To throw dead animals or garbage or other waste matters onto the roadbed of the communication line, on the pavement or roadbed in an urban area;
g/ To drive dirty vehicles (carterpillar vehicles, motorcars, three-wheeled vans, "bong sen" or other vehicles with similar technical standard) into the towns or urban areas.
2. Fine of 500,000 Dong against the drivers of automobiles, three-wheeled vans, "bong sen" and other vehicles with similar technical standard who take one of the following acts:
a/ To discharge smoke beyond the allowed limit, discharge dust and noxious stench into the air, or cause noise above the allowed level;
b/ To discharge oil, grease and noxious chemicals onto the communication lines;
c/ To scatter earth, sand, garbage and other waste matters onto the communication lines.
3. Aside from cash fine, the individual or organization that commits violations stipulated in this Article shall also have to take measures to overcome the consequences of their violations.
Article 19.- Sanctions against individuals or organizations committing other violations against traffic order and safety on land roads and in urban areas:
1. Warning or fine of 20,000 Dong against pedestrians who do not keep to the part of the road reserved for them or who do not comply with the traffic lights, signs and other signals, or the guidance of the traffic police or the personnel of the traffic control service.
2. Fine of 50,000 Dong against one of the following acts:
a/ To let buffaloes, oxen, cows and horses and other animals range freely on the communication lines;
b/ Riding on the back of buffaloes, oxen, cows, asses, horses or other animals and roaming in the cities, towns and other places banned to animals.
3. Fine of 100,000 Dong against one of the following acts:
a/ To throw brick, earth, stone or any other objects on persons or means of transport;
b/ Failing to put up temporary signs or to warn in time the local administration or the unit directly in charge of traffic or the traffic police at the nearest place when an unsafe land communication project is detected.
4. Fine of 200,000 Dong against all acts of fighting or exhorting others to fight, thus causing disorder on the street, or on the means of transport, and affecting the order and safety of land traffic and traffic order and safety in urban areas.
5. Fine of 500,000 Dong against one of the following acts:
a/ Placing or scattering spikes or spiked boards and other Pointed iron things on the communication lines;
b/ To stretch a string or cord or set up a barrier across the road thus obstructing traffic;
c/ Failing to provide the necessary means and to take measures to prevent accidents when cutting branches or felling trees on the roadside;
d/ Taking advantage of a traffic accident to appropriate the property of others but not yet liable to be examinated for penal liability;
e/ Devising a trick to cause a fake accident in order to ask for compensation.
6. Aside from cash fine, the individual or organization that violates the stipulations in this Article is also subject to the following sanctions:
a/ If he/she violates Point b, Item 5, he/she shall have to immediately remove the obstacle on the road;
b/ If he/she violates Point b, Item 3, Points a, c and d of Item 5 he/she shall have to take measures to ensure traffic safety.
Chapter III
AUTHORITY IN HANDING ADMINISTRATIVE SANCTIONS AGAINST VIOLATIONS OF TRAFFIC ORDER AND SAFETY ON LAND ROADS AND IN URBAN AREAS
Article 20.- Assignment of authority in handing administrative sanctions.
1. The People's Committee at various levels has the authority to hand sanctions against violations of traffic order and safety on land roads and in urban areas within the area under their jurisdiction;
2. The inspector of land traffic has the authority to hand sanctions against the violations defined in Articles 4, 5, 6, 7 and 16 of this Decree;
3. The People's Police has the authority to hand sanctions against all violations of traffic order and safety on land roads and in urban areas as stipulated in this Decree;
4. If the administrative sanction comes within the sanctioning authority of many agencies, the sanction shall be handed by the first agency to take up the case.
Article 21.- Sanctioning authority of the People's Committee at various levels.
1. The President of the People's Committee at the commune, ward and township has the authority:
a/ To serve a warning;
b/ To fine up to 200,000 Dong;
c/ To confiscate evidences of and means used in the violation valued up to 500,000 Dong;
d/ To force the offender to pay compensations for damage up to 500,000 Dong;
e/ To force the offender to take measures to overcome the consequences of his/her administrative violation.
2. The President of the People's Committee in a district or town or city under the province has the authority:
a/ To serve a warning;
b/ To fine up to 10,000,000 Dong;
c/ To confiscate evidences of and means used in the violation;
d/ To force the offender to restore the initial state which has been altered by the administrative violation; to force the offender to dismantle the illegally erected construction;
e/ To force the offender to pay compensations up to 1,000,000 Dong;
f/ To force the offender to take measures to overcome the consequences of the administrative violation.
3. The President of the People's Committee of a province or city directly under the Central Government has the authority:
a/ To serve a warning;
b/ To fine up to 100,000,000 Dong;
c/ To confiscate evidences of and means used in the violation;
d/ To force the offender to restore the initial state which has been altered by the administrative violation; to force the offender to dismantle the illegally erected construction;
e/ To force the offender to take measures to overcome the consequences of the administrative violation;
f/ To force the offender to pay compensations up to 1,000,000 Dong.
Article 22.- Sanctioning authority of the People's Police.
1. A member of the People's Police on duty has the authority:
a/ To serve a warning;
b/ To fine up to 100,000 Dong.
2. His/her immediate superior has the authority:
a/ To serve a warning;
b/ To fine up to 200,000 Dong;
c/ To force the offender to pay compensations up to 500,000 Dong.
3. The Head of the police in a commune, ward or township has the right to apply various forms of administrative sanction as well as measures to overcome the consequences stipulated at Item 1, Article 21 of this Decree.
4. The Head of the police at the district, town and city level under a province has the authority:
a/ To serve a warning;
b/ To fine up to 2,000,000 Dong;
c/ To withdraw the driving license and the circulation permit of the vehicle;
d/ To confiscate evidences of and means used in the violation;
e/ To force the offender to restore the initial state which has been altered by the administrative violation; to force the offender to dismantle the illegally erected construction;
f/ To force the offender to take measures to overcome the pollution of the living environment or the spread of epidemics caused by the administrative violation;
g/ To force the offender to pay compensations up to 1,000,000 Dong for the damage caused by the administrative violation .
5. The Head of the traffic and order police at the provincial level, the Head of the special force unit, the mobile police unit at company and equivalent level and higher has the same sanctioning authority as the Head of the district police.
6. The Head of the Traffic and Order Police Department has the authority:
a/ To serve a warning;
b/ To fine up to 20,000,000 Dong;
c/ To apply additional forms of sanction and measures to overcome the consequences as stipulated in Item 4, Article 22 of this Decree.
7. The Director of the Police Service at the provincial level has the authority:
a/ To serve a warning;
b/ To fine up to 20,000,000 Dong;
c/ To apply additional forms of sanction and measures to overcome the consequences as stipulated in Item 4 Article 22 of this Decree.
Article 23.- Sanctioning authority of the Traffic Inspector.
1. A traffic inspector of the Traffic Committee or Team has the authority:
a/ To serve a warning;
b/ To fine up to 200,000 Dong;
c/ To confiscate evidences of and means used in the violation valued up to 500,000 Dong;
d/ To force the offender to restore the initial state which has been altered by the administrative violation; to force the offender to dismantle the illegally erected construction;
e/ To force the offender to take measures to ensure traffic safety.
2. The Head of the Traffic Inspectorate under the Service or Division of Land Road Management has the authority:
a/ To serve a warning;
b/ To fine up to 10,000,000 Dong against one of the violations stipulated in this Decree;
c/ To force the offender to pay compensations up to 1,000,000 Dong for the damage caused by the administrative violation;
d/ To apply additional forms of sanction and measures to overcome the consequences as stipulated in Item 1, Article 23 of this Decree.
Article 24.- Payment and collection of fines.
An individual or organization that commits an administrative violation against traffic order and safety on land roads and in urban areas and that is fined, shall pay the fine at the prescribed place. If he/she evades the payment or deliberately delays the payment, he/she shall be forced to pay an additional fine as prescribed by law.
All acts of collection of fine on the spot are strictly prohibited.
Article 25.- Order and procedures of handing the sanctions.
The order and procedures of handing the sanction must comply with the provisions of the Ordinance on the Handling of Administrative Violations.
Article 26.- Forcible execution of decision on sanction against administrative violations .
1. An individual or organization that is sanctioned for an administrative violation but that does not willingly implement the decision, shall be forced to do so through the following measures:
a/ Deduction of part of his/her wage or income, deduction from his/her bank accounts;
b/ Confiscation of part of his/her property having a value equivalent to the fine for auctioning;
c/ Application of other forcible measures to ensure execution of the decision on sanction.
2. The person with authority to hand the sanction is entitled to issue a decision of forcible implementation, and has the duty to organize its enforcement.
3. The People's Police has the responsibility to carry out the decision of the People's Committee of the same level on forcible implementation, and to coordinate with other State agencies in organizing the execution of the decision on forcible implementation by this agency when required.
Article 27.- Complaints and denunciations.
1. An individual or organization subject to administrative sanction or their legal representative is entitled to file a complaint against this decision as stipulated in Article 88 of the Ordinance on Handling of Administrative Violations.
2. All citizens have the right to denounce to the authorized State agencies the administrative violations by any individual or organization and the violations by the persons having the authority to hand administrative sanctions.
Chapter IV
IMPLEMENTATION PROVISIONS
Article 28.- This Decree takes effect from the 1st of August 1995; the provisions of this Decree replace the regulations issued earlier by the Government concerning the administrative sanctions in the domain of traffic order and safety on land roads and in urban areas.
Article 29.- The Minister of the Interior, the Minister of Communications and Transport, the Minister of Finance shall, within the scope of their functions and tasks, have to provide detailed guidance and to organize the implementation of this Decree.
Article 30.- The Ministers, the Heads of ministerial-level agencies, the Heads of the agencies attached to the Government and the Presidents of the People's Committees in the provinces and cities directly under the Central Government shall have to implement this Decree.
ON BEHALF OF THE GOVERNMENT THE PRIME MINISTER Vo Van Kiet |
APPENDIX
(issued together with the Statute on the Organization and Operation of the Vietnam Post and Telecommunications Corporation)
I. LIST OF MEMBER UNITS OF THE VIETNAM POST AND TELECOMMUNICATIONS CORPORATION
(at the time of the establishment of the Corporation)
A. STATE-OWNED ENTERPRISES WITH INDEPENDENT ACCOUNTING:
01. The Postal Equipment Factory,
02. The Postal Materials Factory,
03. Communications Equipment Manufacturing Enterprise No.1,
04. Communications Equipment Manufacturing Enterprise No.2,
05. The Telecommunications Cable and Materials Factory,
06. The Postal Printing Factory,
07. The Stamp Printing Factory,
08. The Postal Building Materials Company, (1)
09. The Telephone Equipment Company,
10. The Postal Design Company,
11. The Postal Project Company,
12. The Postal Construction Company,
13. Postal Materials Company 1, (2)
14. Postal Materials Company 2, (3)
15. The Stamp Company,
16. The Mobile Communications Company,
17. The Postal Finance Company.
B. UNITS WITH DEPENDENT ACCOUNTING:
01. The International Telecommunications Company,
02. The Interprovincial Telecommunications Company,
03. The International and Interprovincial Postal Company,
04. The Computer and Data-Transmission Company,
05. The Central Press Distribution Company,
06. The Central Postal Department,
07. The Hanoi Post and Telecommunications,
08. The Hai Phong Post and Telecommunications,
09. The Ho Chi Minh City Post and Telecommunications,
10. The Post and Telecommunications of An Giang Province,
11. The Post and Telecommunications of Ba Ria - Vung Tau Province,
12. The Post and Telecommunications of Bac Thai Province,
13. The Post and Telecommunications of Ben Tre Province,
14. The Post and Telecommunications of Binh Dinh Province,
15. The Post and Telecommunications of Binh Thuan Province,
16. The Post and Telecommunications of Can Tho Province,
17. The Post and Telecommunications of Cao Bang Province,
18. The Post and Telecommunications of Darlac Province,
19. The Post and Telecommunications of Dong Nai Province,
20. The Post and Telecommunications of Dong Thap Province,
21. The Post and Telecommunications of Gia Lai Province,
22. The Post and Telecommunications of Ha Bac Province,
23. The Post and Telecommunications of Ha Giang Province,
24. The Post and Telecommunications of Ha Tay Province,
25. The Post and Telecommunications of Ha Tinh Province,
26. The Post and Telecommunications of Hai Hung Province,
27. The Post and Telecommunications of Hoa Binh Province,
28. The Post and Telecommunications of Khanh Hoa Province,
29. The Post and Telecommunications of Kien Giang Province,
30. The Post and Telecommunications of Kon Tum Province,
31. The Post and Telecommunications of Lai Chau Province,
32. The Post and Telecommunications of Lam Dong Province,
33. The Post and Telecommunications of Lang Son Province,
34. The Post and Telecommunications of Lao Cai Province,
35. The Post and Telecommunications of Long An Province,
36. The Post and Telecommunications of Minh Hai Province,
37. The Post and Telecommunications of Nam Ha Province,
38. The Post and Telecommunications of Nghe An Province,
39. The Post and Telecommunications of Ninh Binh Province,
40. The Post and Telecommunications of Ninh Thuan Province,
41. The Post and Telecommunications Service of Phu Yen Province,
42. The Post and Telecommunications of Quang Binh Province,
43. The Post and Telecommunications of Quang Nam - Da Nang Province,
44. The Post and Telecommunications of Quang Ngai Province,
45. The Post and Telecommunications of Quang Ninh Province,
46. The Post and Telecommunications Service of Quang Tri Province,
47. The Post and Telecommunications of Soc Trang Province,
48. The Post and Telecommunications of Song Be Province,
49. The Post and Telecommunications of Son La Province,
50. The Post and Telecommunications of Tay Ninh Province,
51. The Post and Telecommunications of Thai Binh Province,
52. The Post and Telecommunications of Thanh Hoa Province,
53. The Post and Telecommunications of Thua Thien - Hue Province,
54. The Post and Telecommunications of Tien Giang Province,
55. The Post and Telecommunications of Tra Vinh Province,
56. The Post and Telecommunications of Tuyen Quang Province,
57. The Post and Telecommunications of Vinh Long Province,
58. The Post and Telecommunications of Vinh Phu Province,
59. The Post and Telecommunications of Yen Bai Province.
C. NON - BUSINESS UNITS:
01. The Postal Science and Technology Institute,
02. The Postal Economy Institute,
03. The Postal Information Center,
04. Post and Telecommunications Training Center I,
05. Post and Telecommunications Training Center II,
06. Postal Workers' School I,
07. Postal Workers' School II,
08. The Postal Workers' School for Mountainous Areas,
09. The Post Hospital,
10. Post Sanitorium I,
11. Post Sanitorium II,
12. The Post Medical Insurance.
II. LIST OF JOINT VENTURE UNITS WITH ITAL CONTRIBUTION FROM THE VIETNAM POST AND TELECOMMUNICATIONS CORPORATION
(at the time of the establishment of the Corporation)
1. The Cable Company VINADESUNG (international transaction name: VINADESUNG),
2. The Acatel Network Systems Vietnam (international transaction name: ANSV),
3. The Switchboard Equipment Joint Venture Company (the international transaction name: VKX Ltd.),
4. The Fiber Optic Cable Production Joint Venture Company VINA-GSC (international transaction name: VINA-GSC),
5. The Fiber Optic Cable and Accessories Limited (international transaction name: FOCAL),
6. The Telecommunications Equipment Limited (international transaction name: TELEQ).
Footnotes:
(1) The previous name was the Concrete and Postal Construction Factory.
(2) The previous name was the Postal Material Export-Import Service Company.
(3) The previous name was the Postal Materials Company of Region 2.-
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