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KPLC: Văn bản pháp luật Văn bản Tiếng Anh Decree No. 71/2012/ND-CP dated September 19, 2012 ______________________________________________________________________________

Decree No. 71/2012/ND-CP dated September 19, 2012

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Decree No. 71/2012/ND-CP dated September 19, 2012 of the Government amendments and supplements to a number of articles of Decree No.34/2010/ND-CP of April 02, 2010 of the Government defining administrative sanctions in the field of road transport

THE GOVERNMENT
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No.: 71/2012/ND-CP

THE SOCIALIST REPUBLIC OF VIETNAM
Independence– Freedom – Happiness
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Hanoi, September 19, 2012

 

DECREE

AMENDMENTS AND SUPPLEMENTS TO A NUMBER OF ARTICLES OF DECREE NO.34/2010/ND-CP OF APRIL 02, 2010 OF THE GOVERNMENT DEFINING ADMINISTRATIVE SANCTIONS IN THE FIELD OF ROAD TRANSPORT

 

Pursuant to the December 25, 2001 Law on the Organization of Government;

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

At the proposal of the Minister of Transport;

The Government issues Decree amending and supplementing a number of Articles of the Decree No.34/2010/ND-CP of April 02, 2010 of the Government on sanction of administrative violations in the field of road transport,

Article 1. To amend and supplement a number of Articles of the Decree No.34/2010/ND-CP of April 02, 2010 of the Government on sanction of administrative violations in the field of road transport as follows:

1. To amend and supplement Article 8 as follows:

 "Article 8. Sanction of drivers, persons who are sitting on automobiles and types of vehicles similar to automobile violating principle of road transport

1. A fine of between VND 100,000 and 200,000 shall be imposed for one of the following violations:

a) Failing to obey command and instructions of the signboard, painted lines, except for violations specified in point a, point h, point i, point k clause 2; point a, point đ, point e clause 3; point a, point b, point c, point d, point đ, point i, point k clause 4; point a, point c, point d clause 5; point a clause 6; point a clause 7 of this Article;

b) Shifting direction without giving up the right to go ahead to: pedestrians, wheelchairs of disabled people crossing road at the place where the painted line has for pedestrians; rudimentary vehicles traveling on the roadway for rudimentary vehicles;

c) Shifting direction without giving up the right to go ahead to: vehicles in the opposite direction; pedestrians, wheelchairs of disabled people crossing road at the place where there is no painted lines for pedestrians;

d) When stopping or parking without signal to the drivers of other vehicles;

đ) When parking occupying a street part without locating dangerous signboard in the front and at rear of vehicle as required, except for parking at the location specified to be permitted parking;

e) Failing to keep a safe distance leading collision with the vehicle running right in front or failing to keep a distance as prescribed by the signboard "minimum distance between two vehicles," except for the violations specified in point i clause 4 of this Article;

g) Do not keep a safe distance to collision with the preceding vehicle or distance prescribed by signs "minimum distance between two vehicles", except for violations specified at Point i Paragraph 4 of this Article;

h) Failing to comply with the regulations on giving way at the intersections, except for violations specified in point d, point đ, clause 2 of this Article;

i) Pressing horn or making noise, loud noise affecting the quiet in urban and densely populated areas in the period from 22 pm of the previous day to 5 am of the next day, other than the on-duty prioritized vehicles as prescribed;

k) Drivers, those who sit in the front seats of the vehicles equipped with seat belts without belting when the vehicle are running;

l) Carrying people sitting in the front seats of the vehicles equipped with seat belts without belting when the vehicle are running.

2. A fine of between VND 300,000 and 500,000 shall be imposed on the drivers violate one of the following acts:

a) Shifting lanes not in compliance with the allowed place or having no signals, except for the violations specified in point i clause 4 of this Article;

b) Driving vehicles with a low speed without going on the right side of the roadway;

c) Letting people to sit in the driver’s cab in excess of the prescribed number;

d) Failing to slow down and give way when driving from the alley, the branch roads to the main roads;

đ) Failing to give way to overtaking vehicles when having sufficient safety conditions; failing to give way to vehicles on the priority road and the main road from any direction at the crossroads;

e) On-duty prioritized vehicles having no signal of horn, flags, lights in accordance with provisions;

g) Stopping or parking on the running way of vehicles in the suburban roads where the side-walk is wide; stopping or parking not close to the road edge of the right side in the direction where the roads have narrow the side-walk or have no the side-walk; parking on a slope not inserting wheels; opening vehicles’ doors, letting vehicles’ doors open without ensuring safety;

h) Parking not close to the side-walk, pavement on the right side upon the running way or the nearest wheel away from the side-walk, pavement over 0.25 meters; stopping on the rail way, dedicated bus line; stopping on sewer’s cover, the tunnel’s cover of lines of telephone, high voltage, space for fire trucks to get water; stopping at the place where the signboard “no stopping” locates; leaving driving position, turning off engine when stopping; stopping, parking in the improper place as prescribed on the sections arranged places of stopping, parking; stopping, parking on the road sections served for pedestrians;

i) Turning contrary to the regulations in residential areas;

k) Turning in the lane for pedestrians to cross roads, on bridges, bridge-head, under overpasses, underground, narrow roads, slope road, the road section with many bends where visibility is hidden, where having signboard "no U turn”;

l) Backing up in one-way streets, in the non-stopping areas, on the lanes for pedestrians to cross roads, junction location of roads at the same level with railway, location where visibility is hidden; backing up without observation or signals.

3. A fine of between VND 600,000 and 800,000 shall be imposed for drivers who commit one of the following violations:

a) Driving vehicles beyond the prescribed speed of 05 km/h to less than 10 km/h;

b) Pressing horn, revving up consecutively; pressing hooters, using remote lights in urban areas and densely populated areas, except for on-duty priority vehicles in accordance with provisions;

c) Shifting without reducing speed or turning signals;

d) Turning at the junction location of roads at the same level with railway; failing to comply with the regulations on stopping, parking at the road junction at the same level with railway; stopping or parking within the safe scope of railway;

đ) Stopping or parking in the locations: the left side of one-way streets; on the road section with many bends or near the top of the slope where visibility is hidden; on the bridges, under the overpasses, along with another vehicle which is stopping or parking; the intersection location of roads or within 05 meters from the edge of the junction; the stopping station of the bus; in front or within 05 meters of the two sides of gates of agencies and organizations’ head offices arranged the way for going out and in of cars; where the road width is just enough for one lane; place where road signboard is hidden;

e) Parking not close to the side-walk, pavement on the right side upon the running way or the nearest wheel away from the side-walk, pavement over 0.25 meters; stopping on the rail way, dedicated bus line; stopping on sewer’s cover, the tunnel’s cover of lines of telephone, high voltage, space for fire trucks to get water; stopping at the place where having the signboard “no parking, no stopping”; parking on the pavement contrary to law provisions;

g) Failing to use sufficient lights at night or when having fog, bad weather limiting visibility; using remote lights while avoiding each other;

h) Vehicles without priority right using the signals of horn, flags, lights of the prioritized vehicles;

i) Cars pulling from two different cars or more; cars pushing other cars; cars pulling rudimentary vehicles, motorcycles, motorbikes or dragging things on the road; and vehicles pulling trailers, semi trailers pulling trailers or other vehicles;

k) Carrying people on towed vehicles except for drivers.

4. A fine of between VND 800,000 and 1,200,000 shall be imposed for drivers who commit one of the following violations:

a) Driving in the road tunnels without using near lights; backing up, turning in the road tunnels; stopping, parking, overtaking in the road tunnels not in compliance with the prescribed place;

b) Driving into the forbidden roads, restricted areas and driving opposite to the way of the one-way streets, except for the on-emergency- duty prioritized vehicles in accordance with provisions;

c) Failing to drive in the right side upon its running way, driving improper roadway or lanes as provided;

d) Driving less than the minimum speed on the road sections prescribing the allowed minimum speed;

đ) Stopping, parking, turning contrary to provisions causing traffic jam;

e) Stopping, parking, opening vehicle’s doors not ensuring safety causing accident;

g) Failing to give way or interrupt prioritized vehicles;

h) Failing to take measures to ensure safety in accordance with provisions when car is damaged right at the intersection of roads at the same level with the railway;

i) Failing to comply with the regulations when entering or leaving the highway; driving in emergency lane or the curb of the highway; stopping or parking vehicles on the roadway on the highway; turning, backing up on the highway; changing lanes improperly allowed location or without warning signal when running on the highway; failing to comply with the provisions stated in the signboards on the safety distance for vehicles right in front when running on the highway;

k) Failing to obey the order of traffic light.

5. A fine of between VND 2,000,000 and 3,000,000 shall be imposed for drivers who commit one of the following violations:

a) Driving in access of the prescribed speed from 10 km/h to 20 km/h;

b) Driving on the road that driver’s blood or breath has alcohol concentration but not enough violation level provided in point b clause 1, point a clause 8 of this Article;

c) Overtaking in the case of being banned; overtaking on the right side of other vehicles in the case of not being allowed; having no signal before overtaking;

d) Avoiding vehicles improper provisions; failing to give way to vehicles going the opposite direction as prescribed in place of narrow streets, slope road, location where having the obstacles;

đ) Failing to comply with instructions of the traffic controllers when going through ferry, pontoon bridge or place where having traffic jam; failing to obey the commands of the traffic controllers or traffic inspector.

6. A fine of between VND 4,000,000 and 6,000,000 shall be imposed for drivers who commit one of the following violations:

a) Driving in access of the prescribed speed more than 20 km/h to 35 km/h;

b) Causing a traffic accident but failing to stop, failing to keep intact the field; fled away and failing to report to the competent authority, failing to participate in rescuing victims.

7. A fine of between VND 8,000,000 and 10,000,000 shall be imposed for drivers who commit one of the following violations:

a) Driving in access of the prescribed speed of more than 35 km/h; driving the opposite direction on the highway, except for the on-emergency-duty prioritized vehicles as prescribed;

b) Driving on the road that driver’s blood or breath has alcohol concentration exceeding 50 milligram to 80 milligram/100 milliliters of blood or exceeding 0,25 to 0,4 milligram/1 liter of gas;

c) Driving on the road that driver’s body contains narcotic;

d) Driving a vehicle to weave in between traffic and to drive in a zigzag fashion; chasing each other on the road;

e) Failing to pay close attention, driving in access of the prescribed speed causing traffic accidents; avoiding, overtaking not in compliance with provisions causing traffic accident or failing to keep a safe distance between two vehicles in accordance with provisions causing traffic accidents.

8. A fine of between VND 10,000,000 and 15,000,000 shall be imposed for drivers who commit one of the following violations:

a) Driving on the road that driver’s blood or breath has alcohol concentration exceeding 80 milligram/100 milliliters of blood or exceeding 0,4 milligram/1 liter of gas;

b) Failing to comply with the inspection requirements of drugs, alcohol content of the traffic controller or persons who are on duty.

9. A fine of between VND 15,000,000 and 25,000,000 shall be imposed for the violations prescribed in point d clause 7 of this Article causing accident or disregarding the command to stop of persons who are on duty or opposing persons who are on duty.

10. In addition to the fine, the drivers who commit violations are also subject to the following additional sanctions:

a) Violation of point h clause 3 of this Article shall be confiscated whistles, flags and lamps used in contravention of regulations;

b) Violation of Point h, Clause 3; Points b, c, i, k clause 4; Point b, Clause 5; Point a, Clause 6 of this Article shall be stripped the right to use driving license for 30 (thirty) days;

c) Violation of Point i, Clause 3; Points a, e, g, h, Clause 4; Points c, đ Clause 5; Point b, Clause 6; Points a, b, d and đ, Clause 7; Clause 8 of this Article shall be stripped the right to use the driving license 60 (sixty) days. Violation of one of the following points, Clauses of this Article that cause traffic accidents, but not serious enough shall be stripped the right to use the driving license 60 (sixty) days: Points a, b, c, Points d, đ, e, g, h, Clause 1; Points a, b, d, g, h and i, k, l Clause 2; Points c and d, đ, e, g, h, Clause 3; Points b, c, i and k Clause 4; Point b, Clause 5;

d) Violation of Point c, Clause 7, Clause 9 of this Article or recidivism of Point d, Clause 7 of this Article shall be stripped the right to use the driving license for a indefinite term. Violation of one of the following points, Clauses of this Article that causes traffic accidents from level of severity or more shall be stripped the right to use the driving license for a indefinite term: Points a, b, c, d, đ, e, g, h, Clause 1; Points a, b, d, g, h and i, Points k, l Clause 2; Points c, d, đ, e, g, h and i, Clause 3; Points a, b, c, e, h, i and k Clause 4; Points b, đ, Clause 5; Points b, đ, Clause 7; Clause 8. "

2. To amend and supplement Article 9 as follows:

"Article 9. Sanction of riders, persons who are sitting on motorcycles, motorbikes (including electric scooter) and types of vehicles similar to motorcycles and motorbikes violating rules of road transport

1. A fine of between VND 60,000 and 80,000 shall be imposed for one of the following violations:

a) Failing to obey command and instructions of the signal, painted lines, except for violations specified in point a, point đ, point h, clause 2; point c, point đ, point h, clause 3; point c, point d, point e, point g, point i, clause 4; point a, point c, point d clause 5; point đ clause 6; point d clause 7 of this Article;

b) Giving no signal to overtake before doing it;

c) Failing to keep a secure distance leading to collision with the right-in-front vehicle or failing to keep a distance as prescribed of the sign board "minimum distance between two vehicles";

đ) Shifting without giving way to: pedestrians, wheelchairs of disabled people crossing roads on the painted lines for pedestrians; rudimentary vehicles traveling on the roadway for rudimentary vehicles;

đ) Shifting without giving way to: the vehicles in the opposite direction; pedestrians, wheelchairs of disabled people crossing roads at the place where there is no painted line for pedestrians;

e) Backing up three-wheel vehicles without observation or giving warning signals;

g) Using remote lights to avoid each others;

h) Vehicles riders using umbrella, cell phones, audio equipment, except for hearing aids device and those who sit in the vehicles using umbrella.

2. A fine of between VND 80,000 and 100,000 shall be imposed for riders who commit one of the following violations:

a) Shifting lanes improperly allowed location or without giving warning signals;

b) Riding abreast from 3 (three) or more vehicles;

c) Failing to use lights at night or in fog, bad weather limiting visibility;

d) Failing to give way to overtaking vehicles when having sufficient conditions of safety; failing to give way to vehicles on the priority road, main road from any direction at the road junction;

đ) Avoiding vehicles improper provisions; failing to give way to vehicles going the opposite direction as prescribed at the place of narrow streets, slope streets, at the place where having the obstacles;

e) Pressing horn in a period of from 22 pm of the previous day to 5 am of the next day, using remote lights in urban areas, densely populated areas, except for prioritized vehicles which are on duty in accordance with provisions;

g) On-duty prioritized vehicles having no signal of horn, flags and lights in accordance with provisions;

h) Turning at the location being banned.

3. A fine of between VND 100,000 and 200,000 shall be imposed for one of the following violations:

a) Stopping or parking on the roadway in the suburban roads where side-walk has;

b) Failing to slow down or give way when driving from the alleys, branch road to the main one;

c) Riding in access of the prescribed speed from 05 km/h to less than 10 km/h;

d) Riding at a low speed without going on the right side of the roadway obstructing traffic;

đ) Stopping or parking in urban roadway obstructing traffic; gathering from 3 (three) or more vehicles in the road, on bridges, in tunnels; parking in urban roadway, street contrary to the provisions of law;

e) Pressing horn, revving up consecutively in urban areas and densely populated areas, except for on-duty priority vehicles in accordance with provisions;

g) Vehicles having no priority right but using the signal of horn, flags, lights of the prioritized vehicles;

h) Failing to comply with provisions of stopping, parking at the road junction at the same level with railway; stopping or parking within the safe scope of railway; stopping or parking on the tramway, loading and disembark of the buses, on the bridge, the road junction, on the lanes for pedestrians to cross the road; stopping at places where have signboard of non-stop; parking at the places where have signboards of non-stop, non-park;

i) The riders, those who sit in the vehicles without helmet or with helmet but not fastening straps in accordance with standard when participating in traffic on the road;

k) Carrying those who are sitting on vehicles without helmets or with helmets but not fastening straps in accordance with standard, except for emergency transport of patients, children under 06 years old, escorting those who violate the law;

l) Carrying two (two) people on the vehicles, except for emergency transport of patients, children under 14 years old, escorting those who violate the law.

4. A fine of between VND 200,000 and 400,000 shall be imposed for one of the following violations:

a) Shifting without reducing speed or without signals of turning direction;

b) Carrying from 3 (three) people or more on vehicle;

c) Failing to obey the order of traffic lights;

d) Riding below minimum speed on the road specified the allowed minimum speed;

đ) Riding as group obstructing the traffic;

e) Riding into the highway, except for vehicles for the management and maintenance of highways;

g) Driving a vehicle not following the right direction; going the wrong way, lanes as specified or riving on the pavements;

h) Overtaking the right side in cases of not permitted;

i) Going into the prohibited and restricted areas; going in the opposite direction of one-way streets, except for prioritized vehicles going to do emergency duties as prescribed;

k) The riders or persons sitting on the vehicles hanging on to, pulling or pushing other vehicles, other things, leading animals, carrying bulky objects, persons sitting in the vehicles standing on the saddle, holder or sitting on the steering wheel; loading goods in vehicles exceeding the prescribed limit; operating vehicles to pull other vehicles, other animals;

l) Carrying goods in excess of design load recorded in the vehicle registration certificate for vehicles with design load regulations.

5. A fine of between VND 500,000 and 1,000,000 shall be imposed for riders who commit one of the following violations:

a) Riding in access of the prescribed speed from 10km/h to 20 km/h;

b) Riding on the road that rider’s blood or breath has alcohol concentration exceeding 50 milligram to 80 milligram/100 milliliters of blood or exceeding 0,25 milligram to 0,4 milligram/1 liter of gas;

c) Overtaking in the case of being banned, except for violations specified in point h clause 4 of this Article;

d) Riding in the road tunnels without using lights; stopping, parking, overtaking in the road tunnel not in compliance with the prescribed places; turning in road tunnels;

đ) Failing to comply with instructions of the traffic operators when going on ferry, pontoon bridge or place of traffic congestion; failing to obey the commands of the traffic operators or traffic controllers; failing to give way or obstructing traffic prioritized vehicles.

6. A fine of between VND 2,000,000 and 3,000,000 shall be imposed for riders who commit one of the following violations:

a) Using strut or other things dragging on the road when the vehicle is running;

b) Riding on the road that has narcotic in the body;

c) Failing to pay close attention, riding vehicles over speed as regulated causing traffic accidents; overtaking or changing lanes improperly as prescribed causing traffic accidents;

d) Causing traffic accidents without stopping, keeping intact the scene, escaping without reporting to the competent authority, participating in the first aid for victims;

đ) Riding in access of the prescribed speed more than 20 km/h;

e) Riding on the road that rider’s blood or breath has alcohol concentration exceeding 80 milligram/100 milliliters of blood or exceeding 0.4 milligrams/1 liter of gas;

g) Failing to comply with inspection requirements for drug and alcohol concentration of traffic controller or on-duty officials.

7. A fine of between VND 5,000,000 and 7,000,000 shall be imposed for riders who commit one of the following violations:

a) Letting both hands down while riding; using legs to ride; sitting on one side to ride vehicle; lying down on the saddle while riding; changing rider when the vehicle is running;

b) Driving a vehicle to weave in between traffic and to drive in a zigzag fashion in and outside urban areas;

c) Riding one wheel for a two-wheel vehicle, two wheels for tricycles;

d) Riding into groups from 2 (two) or more vehicles running over the prescribed speed.

8. A fine of between VND 10,000,000 and 14,000,000 shall be imposed for violation of clause 7 of this Article which causes the accident or fails to obey orders to stop vehicle of on-duty officer or against on-duty officer.

9. Apart from fine, violating riders are also subject to the following forms of additional sanctions:

a) Violations of point g clause 3 of this Article, horns, flags, flights used contrary to provisions shall be confiscated;

b) Violation of points b, c, i Clause 4; Point b, Clause 5; Point đ, Clause 6 of this Article, shall be stripped the right to use the driving license 30 (thirty) days;

c) A violation of Point đ, Clause 5; Points a, c, đ, e, g, Clause 6; Clause 7 of this Article shall be stripped the right to use the driving license 60 (sixty) days; recidivism or violation of multiple times of Clause 7 of this Article shall be stripped the right to use the driving license for an indefinite term, confiscated vehicles. Violation of one of the following points, clauses of this Article that causes traffic accidents, but not serious enough shall be stripped the right to use the driving license for 60 (sixty) days: Points a, c, d, đ, e, g, h, Clause 1; Points b, c, d, đ, h, Clause 2; Points a, b, đ, g, h, Clause 3; Point a ; Points b, c, e, g, Points i, k, Clause 4; Points b, đ, Clause 5;

d) Violation of Point b, Clause 6, Clause 8 of this Article shall be stripped the right to use the driving license for an indefinite term. Violation of one of the following points, clauses of this Article that causes traffic accidents from severity or more shall be stripped the right to use the driving license for an indefinite term: Points a, c, d, đ, e, g, h, Clause 1; Points b, c, d, đ, h, Clause 2; Points a, b, đ, g, h, Clause 3; Points a, b, c, e, g and i and k Clause 4; Points b, d and đ, Clause 5; Points a, c, e, g, Clause 6. "

3. To amend and supplement Article 15 as follows:

"Article 15. Sanction of individuals and organizations that violate the use and exploitation within the land reserved for roads

1. A warning or a fine of between VND 100,000 and 200,000 shall be imposed on vendors or other retailers of goods on urban roadways, sidewalk and streets prescribed to prohibit vendors, except for violations of regulations at Point c, Clause 3, Point e, Clause 4 of this Article;

2. A fine of between VND 300,000 and 500,000 shall be imposed for one of the following violations:

a) Using, exploiting temporarily on road corridor land for agricultural purposes affecting work safety and traffic safety;

b) Planting trees within the land reserved for roads in the suburban road section hiding the visibility of operators of vehicles.

3. A fine of between VND 2,000,000 and 3,000,000 shall be imposed for one of the following violations:

a) Constructing illegally houses in the land reserved for roads in suburban roads;

b) Setting up tents, kiosk, gates, fences of all kind, other temporary works illegally within the land reserved for roads other than the violations specified in point đ clause 4, point a clause 5 of this Article;

c) Gathering as market, trading food service, showing and sale of goods, repairing vehicles, washing car, setting, hanging signboards, billboards, roofs on urban roadways, pavements or conducting unauthorized activities, services on urban roadways, streets obstructing traffic, except for violations specified at Point d, đ, e, g, Clause 4, Point c, Clause 5, Point a, Clause 6 of this Article;

d) Appropriating urban roadways or pavements under 05 m2 to be vehicle keeping service.

4. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for one of the following violations:

a) Discharging, placing illegally materials, wastes in the land reserved for roads in suburban roads;

b) Arbitrarily excavating, filling, leveling ground in the road corridor;

c) Arbitrarily mounting to the works of road signs the contents not related to meaning, purpose of the road works;

d) Illegally using road land or road safety corridor as a place to gather or transit goods, supplies, building materials, machinery, equipment and other items;

đ) Erecting tents, kiosks, other temporary works illegally in urban areas in the road tunnels, overpass and tunnels for pedestrians;

e) Showing and selling machinery, equipment, supplies, construction materials or producing or processing goods on urban roadways, pavements;

c) Appropriating urban roadway or pavements from 05 m2 to less than 10 m2 to be vehicle keeping service.

6. A fine of between VND 10,000,000 and 15,000,000 shall be imposed for one of the following violations:

a) Constructing illegally houses in the land reserved for roads in urban roads;

b) Planting trees on the streets not in compliance with regulations;

c) Appropriating urban roadway or pavements from 10 m2 to less than 20 m2 to be vehicle keeping service.

6. A fine of between VND 20,000,000 and 30,000,000 shall be imposed for one of the following violations:

a) Appropriating urban roadway or pavements from 20 m2 or more to be vehicle keeping service;

b) Setting Billboards up on the road safety corridor land without written agreement of the competent road management agency;

c) Opening the branch roads to illegally connect to the main roads.

7. A fine of between VND 30,000,000 and 40,000,000 shall be imposed for acts of constructing other solid works illegally within land reserved for roads.
8. Apart from being fined, violating organizations, individuals provided in clause 2, 3, 4, 5, 6 and clause 7 of this Article are also applied the following remedies: forced to remove the construction works, billboards, trees planted illegally, clean up materials, waste, goods, and restore the original state which has been changed due to administrative violations".

4. To amend and supplement Article 19 as follows:

"Article 19. Sanction of automobile drivers and types of vehicles similar to automobile violating the provisions on conditions of means when participating in traffic

1. A fine of between VND 100,000 and 200,000 shall be imposed for the act driving vehicles without windshields or with but broken, useless (for vehicles designed to mount windshield).

2. A fine of between VND 300,000 and 500,000 shall be imposed for one of the following violations:

a) Driving vehicles without sufficient lights, license plate lights, brake lights, signal lights, wipers, mirrors, instruments of exit, firefighting equipment, air pressure clock, clock of vehicle’s speed or with all of mentioned things but useless, not in compliance with design standard (if having provisions required to have those things).

b) Driving without horn or with horn but useless;

c) Driving vehicles without silencers or with but not in compliance with technical regulations.

3. A fine of between VND 800,000 and 1,000,000 shall be imposed for one of the following violations:

a) Driving vehicles not enough braking system or with but not in compliance with technical safety standards;

b) The vehicle's navigation system is not in compliance with the technical safety standards;

c) Driving vehicle without mounting license plate or with but not in compliance with prescribed place; license plate with unclear words, number; the license plates to be bent, hidden, broken;

d) Driving vehicles not fitted with full wheels or tires or mounted wrong size tires or not ensuring technical standards;

e) Arbitrarily changing the size of trunk; arbitrarily fitting more seats on the vehicle of transporting passengers.

4. A fine of between VND 2,000,000 and 3,000,000 shall be imposed for one of the following violations:

a) Driving vehicle having no vehicle registration certificate, registration of trailers or semi trailers in accordance with provisions;

b) Failing to mount license plates (if having regulations required to mount license plates);

c) Having no certificates or stamps of technical safety and environmental protection testing (if required to be tested) or with but expired (including trailers and semi-trailers);

d) Driving vehicle installed horn exceeding prescribed volume;

đ) Driving vehicle fitted more rear lights.

5. A fine of between VND 4,000,000 and 6,000,000 shall be imposed for one of the following violations:

a) Vehicle registered for temporary work over the scope and duration permitted;

b) Driving vehicles over the service year to participate in traffic (if having regulations on the use life);

c) Driving vehicles produced or assembled by themselves (including small farm trucks subject to suspension of participation in traffic);

d) Driving motorcycles with incorrect license plates compared to the vehicle registration certificates or with license plates not be issued by the competent agencies;

đ) Using testing certification book, certificates, stamps of technical safety and environmental protection testing, vehicle registration certificate which is not issued by the competent agency or using vehicle registration certificate not in compliance with number of frames, number of machines (including trailers and semi-trailers).

6. Apart from being fined, violating drivers also applied the following forms of additional sanctions and remedies:

a) Violation of clause 1, clause 2; point c, point d, point đ Clause 3 of this Article shall be forced to install completely or replace the technical safety standards sufficient equipment; to remove the equipment installed more not in compliance with provisions;

b) Violation of point a, b Clause 3 of this Article shall be forced to restore the technical features of the equipment or replace the technical safety standards sufficient equipment; to be stripped the right to use driving license for 30 (thirty) days;

c) Violation of Points d and đ, Clause 4 of this Article shall be confiscated added lights, horn exceeding volume and forced to mount the horn according to technical regulations;

d) Violation of Clause 4 of this Article shall be stripped the right to use the driving license for 30 (thirty) days;

đ) Violation of point d, point đ, clause 5 of this Article shall be confiscated testing certification book, certificates, stamps of technical safety and environmental protection testing, vehicle registration certificate, license plates not issued by the competent authority; to be stripped the right to use driving license for 30 (thirty) days;

e) Violation of Point b, Point c, Clause 5 of this Article shall be confiscated vehicles and stripped of the right to use the driving license for 60 (sixty) days."

5. To amend and supplement Article 24 as follows:

"Article 24. Sanctions against violations of regulations on the conditions of motorized vehicle riders

1. Issuing a warning to those who are from enough 14 and under 16 years old riding mopeds and motorcycles (including electric scooters) and vehicles similar to motorcycles or driving automobiles, tractors and vehicles similar to automobiles.

2. A fine of between VND 80,000 and 120,000 shall be imposed for one of the following violations:

a) Riders of mopeds and motorcycles, other vehicles similar to motorcycles and similar to mopeds having no or not carrying the valid certificate of civil liability insurance of motorized vehicle owner;

b) Riders of mopeds and motorcycles, other vehicles similar to motorcycles and similar to mopeds not bringing their vehicle registration certificates, certificates of technical safety and environmental protection testing (if required to be inspected);

c) Riders of motorcycles not bringing their driving license.

3. A fine of between VND 200,000 and 400,000 shall be imposed for one of the following violations:

a) Riders of motorcycles, other vehicles similar to motorcycles having no certificate of technical safety and environmental protection inspection (if required to be inspected) or having but expired;

b) Drivers of cars, tractors not bringing their vehicle registration certificates, driving licenses, certificates of technical safety and environmental protection inspection (if required to be inspected);

4. A fine of between VND 400,000 and 600,000 shall be imposed for one of the following violations:

a) Those who are from enough 16 and under 18 years old riding motorcycles with cylinder capacity of from 50 cm3 or more;

b) Drivers of automobiles, tractors and other vehicles similar to automobiles having no or not carrying the valid certificate of civil liability insurance of motorized vehicle owner;

c) Drivers of automobiles, tractors and other vehicles similar to automobiles having driving licenses but have expired less than 6 (six) months.

5. A fine of between VND 800,000 and VND 1,200,000 shall be imposed for motorcycle riders having no driving licenses or using driving licenses not issued by the competent authority, driving licenses to be erased, except for the violations specified at Point b, Clause 7 of this Article.

6. A fine of between VND 1,000,000 and 3,000,000 shall be imposed for those who are from enough 16 years to less than 18 years old driving automobiles, tractors, types of vehicles similar to automobiles.

7. A fine of between VND 4,000,000 and 6,000,000 shall be imposed for riders of motorcycles with a cylinder capacity of from 175 cm3 or more, drivers of automobiles, tractors and types of vehicles similar to automobiles violating one of the following violations:

a) Having driving license but incompatible with type of vehicle which is being controlled or has expired from 6 (six) months or more;

b) Having no driving license or using driving license not issued by the competent agency, driving license which was erased.

8. Apart from being fined, violating drivers also applied the following forms of additional sanctions: violation of clause 5, point b clause 7 of this Article shall be confiscated driving license not granted by the competent agency or driving license which was erased."

6. To amend and supplement Article 26 as follows:

"Article 26. Sanction of drivers of passenger carrying cars, cars carrying violators of regulations on road transport

1. A fine of between VND 100,000 and 200,000 shall be imposed for one of the following violations:

a) Failing to guide passengers to sit in the right location specified in cars;

b) Failing to comply with regulations on turn on, turn off the light box "TAXI".

2. A fine of between VND 300,000 and VND 500,000 shall be imposed per each person over the provisions that the means are allowed to carry to drivers of people, passenger carrying cars (excluding buses) committing violation: carrying over from 02 people or more on the 9 seat cars, carrying over from 03 people or more on the cars from 10 seats to 15 seats, carrying over from 04 people or more on the cars from 16 seats to 30 seats, carrying over from 05 people or more on the cars over 30 seats, except for the violations specified in clause 4 of this Article.

3. A fine of between VND 500,000 and 800,000 shall be imposed for one of the following violations:

a) Failing to shut down doors when the car is running;

b) Letting people sit in the cars when they are up and down the ferry, pontoon bridge, or when they are on the ferry (except for the elderly, the sick, the disabled);

c) Failing to run the right routes, schedules, itineraries of transportation as prescribed;

d) Letting people mount hammocks on the car or cling to the door, outside the car when it is running;

đ) Arranging, tying luggage or cargo not ensuring safety; let the baggage, cargo drop down the road;

e) Carrying luggage and cargo in excess of tonnage upon the design of the vehicle or in access of the vehicle’s outside dimensions; putting cargo in the passenger compartments;

g) Carrying goods with smelliness in the passenger carrying cars;

h) Vehicles transporting tourist, passengers under the contract without passenger list, the contract of carriage in accordance with provisions;

i) Transporting passengers upon fixed routes not in compliance with vehicle routes, having no “vehicle’s log book” or with but having no confirmation of two head depots as prescribed;

k) Vehicles transporting passengers without service personnel in accordance with provisions;

l) Vehicles transporting tourist, passengers under the contract selling tickets to passengers;

m) Failing to use meter or using meter not in accordance with provisions as carrying passengers.

4. A fine of between VND 800,000 and VND 1,000,000 shall be imposed per each person over the provisions that the means are allowed to carry to drivers of passenger carrying cars running the routes with distances more than 300 km committing violation: carrying over from 02 people or more on the 9 seat cars, carrying over from 03 people or more on the cars from 10 seats to 15 seats, carrying over from 04 people or more on the cars from 16 seats to 30 seats, carrying over from 05 people or more on the cars over 30 seats

5. A fine of between VND 1,000,000 and 2,000,000 shall be imposed for one of the following violations:

a) Letting people get in or down when the vehicle is running;

b) Transferring passengers to another vehicle along the way without passengers' consent; threatening, insulting, competing, drawing passengers; forcing passengers to use the service unwanted;

c) Letting passengers down to avoid the inspection and control of the competent persons;

d) Loading on the vehicles deflecting vehicles;

đ) Loading and drop off of passengers not in compliance with prescribed place on the routes determined the place of dropping off passengers;

e) Loading and drop off of passengers at the place prohibited stopping, parking and curve where visibility is obscured.

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

a) Driving vehicle to participate in transportation business without mounting equipment for monitoring vehicle's journey (if required to be fitted) or with but equipment does not work, not in compliance with regulations as prescribed;

b) Transporting goods banned from circulation,

7. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for one of the following violations:

a) Transporting dangerous, hazardous, flammable, explosive goods or animals and other goods that affect the health of the passengers on passenger carrying vehicles;

b) Transporting passengers on the hood, roof and the luggage compartment of the vehicle;

c) Assaulting passengers;

d) Driving cars constantly exceeding the stipulated time;

đ) Vehicles transporting passengers having no or failing to stick badges (signboard) in accordance with provisions or with but expired.

8. Apart from being fined, violating drivers also applied the following forms of additional sanctions and remedies:

a) Violation of clause 2; clause 4 (in case of exceeding more than 50% to 100% of number of people allowed to carry of means as stipulated); point d, point đ, point e, point g, point h, point i clause 3; clause 5; clause 6 of this Article shall be stripped the right to use driving license for 30 (thirty) days. Violation of point b clause 6 of this Article, goods banned from circulation shall be confiscated;
b) Violation of clause 7 of this Article shall be stripped the right to use driving license for 60 (sixty) days; violation of clause 2, clause 4 of this Article (in case of exceeding more than 100% of number of people allowed to carry of means as stipulated) shall be stripped the right to use driving license for an indefinite term;

c) Violation of clause 2, clause 4 of this Article (in case of transporting passengers) violators must arrange other means to transport the passengers over the provisions that the vehicles are permitted to transport.

7. To amend and supplement Article 27 as follows:

"Article 27. Sanction of drivers of trucks, tractors and vehicles similar to automobile carrying goods

1. A fine of between VND 300,000 and 500,000 shall be imposed for one of the following violations:

a) Transporting goods on vehicles which are required to be tied firmly but not implemented; loading on the roof of the cab; loading deflecting vehicles;

b) Transporting goods exceeding the design tonnage stated in the vehicle registration certificate or book certifying technical safety and environmental protection inspection, but not enough level as violation stipulated in point a clause 2, point a clause 4 of this Article.

2. A fine of between VND 800,000 and 1,200,000 shall be imposed for one of the following violations:

a) Transporting goods exceeding the design tonnage stated in the vehicle registration certificate or book certifying technical safety and environmental protection inspection from 10% to 40% for vehicles with tonnage of less than 5 tons and from 5% to 30% for vehicles from 5 tons or more (including trailers and semi-trailers);

b) Loading on the roof of the vehicle trunk; loading in access of the width of the vehicle trunk; loading beyond the front, rear of the vehicle trunk more than 10% of length of vehicle;

c) Transporting people on the vehicle trunk contrary to regulations; letting people sit on the hood, cling to the outside of the vehicles when they are running;

d) Driving vehicles in the transportation business of goods without bringing the transportation contract or shipping document as required, except for taxi-trucks.

3. A fine of between VND 2,000,000 and 3,000,000 shall be imposed for one of the following violations:

a) Driving taxi-trucks without a meter or installing meter not in compliance with provisions;

b) Driving vehicles for the transportation business of goods without installing equipment monitoring vehicle’s journey (if required to be fitted) or with but equipment does not work, not in compliance with regulations as prescribed;
c) Transporting goods banned from circulation; transporting illegally or failing to fully comply with the regulations on transport of wildlife;

d) Carrying goods in excess of permissible height of loading goods for opened trucks (without hood); carrying goods in exceed of the height according to the vehicle’s design or design, improvement which has been approved by the competent authority for closed trucks (with hood).

4. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for one of the following violations:

a) Transporting goods exceeding the design tonnage stated in the vehicle registration certificate or book certifying technical safety and environmental protection more than 40% for trucks with tonnage of less than 5 tons and more than 30% for trucks with tonnage from 5 tons or more (including trailers and semi trailers);

b) Driving vehicles continuously over the prescribed time;

c) Driving vehicles without badges or with but expired for vehicles required to have badges.

5. Apart from being fined, violators are also applied the following forms of additional sanctions and remedies:

a) Violation of Point a, Point b, Clause 2; Point d, Clause 3; Point a, Clause 4 of this Article shall be required to lower part of overload goods and unload the goods in exceed of the specified size; violations of Point c, Clause 3 of this Article, then confiscate goods banned from circulation, wildlife illegally transported;

b) Violation of Point a, Point b, Clause 2; Point a, Point b, Clause 3 of this Article shall be striped the right to use the driving license for 30 (thirty) days;

c) Violation of Point c, Clause 2; Points c and d, Clause 3; Clause 4 of this Article shall be striped the right to use the driving license for 60 (sixty) days."

8. To amend and supplement Article 33 as follows:

"Article 33. Sanctioning vehicle’s owner violating regulations related to road transport

1. A fine of between VND 100,000 and 200,000 for moped, motorcycle owner and vehicles similar to motorcycles arbitrarily changing brands, the vehicle's paint color not in compliance with the vehicle registration certificate.

2. A fine of between VND 300,000 and 500,000 shall be imposed for owners of automobiles, tractors, specialized motorcycles, and types of vehicles similar to automobile committing one of the following violations:

a) Installing the windshield, the vehicle’s door glass which is not type of safety glass;

b) Arbitrarily changing the color of the vehicle not in compliance with the color recorded in the vehicle registration certificate; failing to comply with the provisions of license plates and regulations on words on the vehicle’s walls and doors except for violations prescribed at point b clause 2 Article 41 of this Decree.

3. A fine of between VND 800,000 and 1,200,000 shall be imposed for owners of automobiles, mopeds and types of vehicles similar to automobile committing one of the following violations:

a) Arbitrarily re-chiseling numbers of frame and engine numbers;

b) Erasing or repairing or forging vehicle registration documents;

c) Arbitrarily changing frames, machine, shape, size of the vehicle;

d) Declaring untrue or using the false papers and documents to be re-issued license plates, vehicle registration certificate;

đ) Lending vehicle or letting persons who are insufficient conditions as prescribed by law drive it to participate in traffic;

e) Failing to transfer ownership of the means as prescribed;

g) Failing to buy or pay fee for the vehicle when participating in traffic according to regulations.

4. A fine of between VND 2,000,000 and 4,000,000 shall be imposed for owners of automobiles, tractors, specialized motorcycles, and types of vehicles similar to automobile committing one of the following violations:

a) Arbitrarily re-chiseling numbers of frame and engine numbers;

b) Erasing or repairing vehicle registration certificate, vehicle registration documents, certificates or stamps of technical safety and environmental protection inspection or the other documents on the vehicles;

c) Failing to comply with the revocation of vehicle registration certificate; vehicle license plate; certification book of technical safety and environmental protection inspection of motorized transportation vehicles of road in accordance with provisions;

d) Drawing, pasting ads on the vehicle in contravention of regulations;

đ) Failing to conduct procedures of vehicle registration certificate modification when the vehicle has been improved;

e) Lending vehicle or letting persons who are insufficient conditions as prescribed by law drive it to participate in traffic;

g) Declaring untrue or using the false papers and documents to be re-issued license plates, vehicle registration certificate.

5. A fine of between VND 4,000,000 and 6,000,000 shall be imposed for one of the following violations:

a) Renting, borrowing components and accessories of the cars when testing;

b) Taking motorized vehicles, specialized motorcycles without certificates or stamps of technical safety and environmental protection inspection in accordance with provisions to participate in traffic.

6. A fine of between VND 6,000,000 and 10,000,000 shall be imposed for owners of automobiles, tractors, specialized motorcycles and types of vehicles similar to automobile committing one of the following violations:

a) Arbitrarily changing all of frame; all of engine; brake system; the transmission system; moving system or arbitrarily renovating the structure, shape, size of vehicles not in compliance with design of the manufacturer or renovated design approved by the competent authority; arbitrarily changing the use features of vehicles;

b) Renovating other types of cars into passenger cars;

c) Failing to transfer ownership of the vehicles as prescribed;

d) Failing to buy or pay fee for the vehicle when participating in traffic according to regulations.

7. Apart from being fined, violators are also applied the following forms of additional sanctions and remedies:

a) Violation of Clause 1, Point b, Clause 2 of this Article shall be forced to restore the brand, paint color recorded in vehicle registration certificate or to comply with provisions on the license plates and regulations on words on the car’s wall and door;

b) Violation of Points b, d, Clause 3; Points b, g, Clause 4 of this Article shall be revoked the license plates, vehicle registration certificate (where re-granted), confiscated false dossiers, papers, documents;

c) Violation of Point a, Clause 2, Point a, Clause 6 of this Article shall be forced to restore the shape, size or the status of original technical safety of the vehicle; violation of point b clause 6 of this Article shall be confiscated vehicles;

d) Violation of Point g, Clause 3, Point d, Clause 6 of this Article shall be required to purchase or make payment of fee as prescribed. "

9. To amend and supplement Article 36 as follows:

"Article 36. Sanction of drivers of caterpillar; vehicles of overloaded, over the limit size of bridges, roads (including passenger carrying cars)

1. A fine of between VND 1,000,000 and 2,000,000 shall be imposed for the acts of failing to comply with the provisions stated in the circulation permits, except for violations specified at Points b, d and đ, Clause 3 of this Article.

2. A fine of between VND 2,000,000 and 3,000,000 shall be imposed for the acts of driving vehicle which the total vehicle weight or axle weight (including goods loaded on it, persons transported on it) exceeds the permitted tonnage of the bridges, roads from 10% to 20%, except for having the valid permits for circulation.

3. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for one of the following violations:

a) Failing to comply with the inspection of vehicle weight, vehicle size limits when having the signal, command; transferring load or using other tricks to evade detection of vehicles’ overload, over-sized;

b) Driving with valid license of circulation, but the total vehicle’s weight or vehicle axle’s weight (including goods loaded on vehicles if any) is in excess of provisions in the permit for circulation;

c) Driving vehicle that the total vehicle’s weight or vehicle axle’s weight (including goods loaded on vehicles, persons transported on it) exceeds the permitted tonnage of the bridges, roads more than 20%, except for the license of circulation is still valid;

d) Carrying goods exceeding size limits of the bridges, roads stated in the License circulation;

đ) Driving caterpillar to participate in traffic without valid circulation permit under the regulations or directly circulate on the roads;

e) Driving vehicles in excess of the size limits of bridges, roads or carrying cargo in excess of the size limits of bridges, roads to participate in traffic, except for the license of circulation is still valid.

4. Apart from being fined, violating drivers also applied the following forms of additional sanctions and remedies:

a) Violation of Clause 1, Clause 2, Clause 3 of this Article shall be suspended from circulation until the implementation according to regulations is complied or be forced to immediately unload the overloaded, the oversized parts; if causing damage for bridges, roads, violators must restore the original state which has been changed due to administrative violations;

b) Violation of clause 1, Clause 2 of this Article is also stripped the right to use the driving license (as driving cars, tractors and other vehicles similar to cars), certificate of fostering legal knowledge on road transport (when driving specialized motorcycle) for 30 (thirty) days;

c) Violation of Clause 3 of this Article shall be stripped the right to use the driving license (as driving cars, tractors and other vehicles similar to cars), certificate of fostering legal knowledge on road transport (when driving specialized motorcycle) for 60 (sixty) days."

10. To amend and supplement Article 37 as follows:

'' Article 37. Sanctions against those who race illegally, promote to race illegally

1. A fine of between VND 1,000,000 and 2,000,000 shall be imposed for one of the following violations:

a) Gathering to cheer or incite acts of driving vehicles in access of the prescribed speed, swinging, chasing each other on the street or racing illegally;

b) Competing bicycles, mopeds, cyclos, carts, riding animals to compete illegally on roads.

2. A fine of between VND 4,000,000 and 6,000,000 shall be imposed for persons who cheer or incite illegal racing which obstructs or resist the on-duty officers.

3. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for persons who race motorcycles, motorbikes, electric scooters illegally.

4. A fine of between VND 20,000,000 and 30,000,000 shall be imposed for persons who race cars illegally.

5. A fine of between VND 30,000,000 and 40,000,000 shall be imposed for one of the following violations:

a) Persons who race cars, motorcycles, motorbikes, electric scooters, mopeds and resists the on-duty officers;

b) Organization of illegal racing.

6. Apart from being fined, violating drivers are also applied the following forms of additional sanctions: violation of point b clause 1 of this Article, means used for violation shall be confiscated (except for stolen vehicles, pulling, riding animals); violation of clause 3, clause 4, point a clause 5 of this Article shall be stripped the right to use driving license indefinitely and confiscated vehicles(except for stolen vehicles).”

11. To amend and supplement Article 38 as follows:

"Article 38. Sanctions of those who obstruct the inspection, examination, control of the on-duty officers or bribe the on-duty officers

1. A fine of between VND 1,000,000 and 2,000,000 shall be imposed for brokerage, abetting, guidance to drivers, riders to avoid the inspection, control of the on-duty officers.

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

a) Obstructing or failing to obey the requirements of inspection, examination, control of the on-duty officers  for: papers relating to people and vehicles, operation conditions of vehicles, transportation operations and services of transportation support, driving test and training, vehicle register;

b) Having words and actions threatening, insulting, hurting the honor or against the on-duty officers, inciting others not to obey the requirement of inspection, examination, control of the on-duty officers, using the reputation of individuals and organizations to pressure, obstruct the on-duty officers except for the violations specified in point b, clause 8, clause 9 Article 8, Point g, Clause 6, Clause 8 Article 9; Clause 2, Point a, Clause 5, Article 37 of this Decree.

c) Failing to obey the requirement of inspection on drug, alcohol concentration of the on-duty officers or the on-duty officers except for violations specified at Point b, Clause 8, Article 8, Point g, Clause 6 Article 9 of this Decree;

d) Giving money, property or other material benefits to the on-duty officers to avoid the handling of administrative violations.

3. Apart from being fined, violators are also applied the following forms of additional sanctions and remedies:

a) Violation of point d Clause 2 of this Article shall be subject to confiscation of money, property or other material benefit;

b) Violation of Clause 2 of this Article if the violators are the one who drive/ride vehicles, they shall also be stripped the right to use driving license (when driving/riding cars, motorcycles, tractors, vehicles similar to cars, vehicles similar to motorcycles), certificate of fostering legal knowledge on road transport (when riding specialized motorcycles) for 60 (sixty) days."

12. To amend and supplement Article 41 as follows:

"Article 41. Sanctions against violations of regulations on training, driving test

1. A fine of between VND 300,000 and 500,000 shall be imposed for driving teacher violating one of the following acts:

a) Letting learners without badges "driving learner" drive the driving practice vehicles or with but not wearing when driving practice vehicles;

b) Practice teachers carrying people and goods on the driving practice vehicle contrary to the provisions;

c) Practice teachers running the wrong routes, the wrong time specified in the license of driving practice vehicle; failing to sit next to the learners to support them;

d) Failing to wear the badge "driving teacher" as teaching;

đ) Failing to have lesson plans of the subject assigned to teach as prescribed.

2. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for individuals and organizations that violate one of the following acts:

a) Driving training centers fail to arrange practice teachers to sit next to the driving learners to support them; arrange teachers not qualified to teach;

b) Driving training centers use car for driving practice without "Permit of driving practice car," license plate "Car for driving practice", fail to write name of the driving training center, agency of direct management in the outer sides of the doors or sides of the vehicle as prescribed;

c) Driving training centers use car for driving practice not equipped with an extra brake parts or with but useless;

d) Driving training centers enroll learners not sufficient standards under the provisions on age, health, seniority, number of km of safe driving corresponding to each training class;

đ) Driving training centers do not have enough teachers to teach driving practice for all classes in response to training number recorded in the driving training license;

e) Driving training centers fail to archive completely records of the training courses as prescribed;

g) Driving training centers make false declaration or use false papers, documents to be learned, examined, tested, newly issued, re-issued driving licenses, certificates of fostering knowledge of road traffic law or got back driving licenses, certificates of fostering knowledge of road traffic law when being stripped the right to use.

3. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for the driving training centers, driving testing centers committing one of the following violations:

a) Driving training centers organize enrollment, training not in compliance with driving license class allowed to train; train in excess of number stated in the driving training license;

b) Driving training centers organize driving training outside the location stated in the driving training license;

c) Driving training centers enroll, train driving without a license of driving training or with but it has expired;

d) Driving training centers train not in compliance with programs and curricula as prescribed; arrange number of driving learner in the driving training car exceeding the regulations;

đ) Driving training centers do not have enough learning room system; room does have enough equipment, tool model;

e) Driving training centers do not have driving practice yard or driving practice yard are not eligible in accordance with provisions;

g) Driving training centers do not have enough number of driving practice cars for all classes in response to training number recorded in the driving training license;

h) Driving training centers granted certificate of graduation or primary certificate of occupation for learners in contravention of the regulations;

i) Driving test center is not eligible in accordance with regulations;

k) Driving test center arbitrarily changes or uses the software of testing, grading equipment, classes of testing cars without the approval of the competent State management agencies;

l) Driving test center sets up making facilities, equipment to incorrectly operate during the period of examination; put the signs, notation contrary to provisions on the testing yard in a testing period;

m) Driving test center fails to list rates of charges for examination, charge for other services as prescribed; collects examination charges, other service charges contrary to the regulations.

4. Teacher teaching practice let learners practicing driving commit one of the acts specified in Article 8 of this Decree, shall be sanctioned in accordance with provisions for the behavior.

5. Apart from being fined, violating individuals, organizations are also applied the following forms of additional sanctions and remedies:

a) Driving training centers violate Points a, b, c, d, đ, e, Clause 2; Points a, b, c, d, đ, e, g , Point h, Clause 3 of this Article shall be suspended enrollment until they are eligible as prescribed or remedied the violations;

b) Driving test centers violate Points i, k, l Clause 3 of this Article shall be suspended the organization of driving test until it has satisfied the conditions prescribed or remedied the violations;

c) Violation of Point g, Clause 2 of this Article shall be confiscated forged papers, documents. "

13. To amend and supplement Section 7 of Chapter II as follows:

"Section 7. PILOT APPLICATION FOR A NUMBER OF VIOLATIONS IN THE INNER AREA OF THE CENTRALLY-RUN CITIES

Article 43. Sanction of drivers of cars and vehicles similar to cars violating a number of acts applied separately to the inner area of the centrally-run cities

1. A fine of between VND 300,000 and 500,000 shall be imposed for drivers committing one of the provisions in: Points a, h, Clause 1, Article 8 of this Decree.

2. A fine of between VND 600,000 and 1,000,000 shall be imposed for drivers committing one of the provisions in: Points h, i and k of Clause 2 of Article 8 of this Decree.

3. A fine of between VND 1,000,000 and 1,400,000 shall be imposed for drivers committing one of the provisions in: Points d, đ, e, Clause 3 of Article 8 of this Decree.

4. A fine of between VND 1,400,000 and 2,000,000 shall be imposed for drivers committing one of the acts specified in: Points a, b, c, đ, e, g, k Clause 4 Article 8 of this Decree.

5. A fine of between VND 2,000,000 and 3,000,000 shall be imposed for drivers committing one of the acts specified in: points đ, e, Clause 5, Article 26 of this Decree.

6. Apart from being fined, violating drivers are also applied the following forms of additional sanctions and remedies:

a) Violation of Point h, Clause 2; Points d, đ, e, Clause 3; Point a, Clause 4, Article 8 of this Decree (in the case of stopping or parking in contravention of regulations) is forced to take the vehicles out of the violated place;

b) Violation of Points h, i and k Clause 2; points đ, e, Clause 3; Points b, c, đ, k, Clause 4, Article 8 of this Decree shall be stripped the right to use the driving license for 30 (thirty) days;

c) Violation of points đ and e, Clause 5, Article 26 of this Decree shall be stripped the right to use the driving license for 30 (thirty) days;

d) Violation of Points a, e, g, Clause 4, Article 8 of this Decree shall be stripped the right to use the driving license for 60 (sixty) days. Violation of one of the following points, clauses of Article 8 of this Decree that cause traffic accidents, but not serious enough shall be stripped the right to use the driving license for 60 (sixty) days: Points a, h Clause 1; Points h, i and k Clause 2; Points d, đ, e, Clause 3; Points b, c and k Clause 4;

e) Violation of one of the following points, clauses of Article 8 of this Decree that cause traffic accidents from serious level or more shall be stripped the right to use the driving license for an indefinite term: Point a, Point h, Clause 1 ; Points h, i and k Clause 2; Points d, đ, e, Clause 3; Points a, b, c, e, k, Clause 4.

Article 44. Sanction of riders, those who sit on the motorcycles, mopeds (including electric scooters), and vehicles similar to motorcycles and vehicles similar to mopeds violating a number of acts applied separately to the inner area of the centrally-run cities

1. A fine of between VND 100,000 and 200,000 shall be imposed for riders committing one of the acts specified in: Point a Clause 1; Point a, Clause 2, Article 9 of this Decree.

2. A fine of between VND 300,000 and 500,000 shall be imposed for riders committing one of the acts specified in: points đ, h, Clause 3 of Article 9 of this Decree.

3. A fine of between VND 400,000 and VND 800,000 shall be imposed for riders, those who sit on the motorcycles, mopeds committing one of the acts specified in: Points c, g, i, k, l, Clause 4 of Article 9 of this Decree.

4. Apart from being fined, violating drivers are also applied the forms of additional sanctions as follows:

a) Violation of Points c, i, Clause 4, Article 9 of this Decree shall be stripped the right to use the driving license for 30 (thirty) days;

b) Violation of one of the following points, clauses of Article 9 of this Decree that cause traffic accidents but not serious enough shall be stripped the right to use the driving license for 60 (sixty) days: Point a, Clause 1 ; Points đ and h, Clause 3; Points c, g, i and k Clause 4;

c) Violation of one of the following points, clauses of Article 9 of this Decree that cause traffic accidents from serious level or more shall be stripped the right to use the driving license for an indefinite term: Point a, Clause 1; point đ, Point h, Clause 3; Points c, g, i and k Clause 4;

Article 45. Sanction of riders, those who sit on the bikes, electric bikes, other rudimentary vehicles violating a number of acts applied separately to the inner area of the centrally-run cities

1. A fine of between VND 100,000 and 200,000 shall be imposed for riders, those who sit on vehicles committing one of the acts specified in:

a) Points a, c, d, g, Clause 1; Points a, b, d, g, Clause 2; Point b, Point c, Clause 3, Article 11 of this Decree;

b) Clause 1 of Article 21 of this Decree.

2. Apart from being fined, riders violating provisions in clause 1 Article 21 of this Decree are also applied the form of additional sanction to be confiscation of vehicles.

Article 46. Sanction of pedestrians violating a number of acts applied separately to the inner area of the centrally-run cities

1. A fine of between VND 60,000 to VND 80,000 shall be imposed for pedestrians violating one of the acts specified in: Point b, Point c, Clause 1, Article 12 of this Decree.

2. A fine of between VND 80,000 to VND 120,000 shall be imposed for pedestrians violating one of the acts specified in Clause 2, Article 12 of this Decree."

14. To amend and supplement Clause 3, Clause 4, Article 47 as follows:

"3. Order Police, rapid response Police, mobile police, administration management police on the social orders, the commune-level police chiefs within the functions and assigned tasks related to the order, safety of road transport are competent to sanction for violations provided in the points, clauses, Articles of this Decree as follows:

a) Point đ, point i clause 1; Points g and h, Clause 2; Points b, d, đ, e, Clause 3; Points a, b, d, đ, h, Clause 4; point b and đ, Clause 5; Points b, c and d, Clause 7; Clause 8; Clause 9, Article 8;

b) Point e, Clause 2; Points a, đ, e, h, i and k Clause 3; Points b, c, đ, e, g and i and k Clause 4; Points b, d and đ, Clause 5; Points b, e, g, Clause 6; Clause 7; Clause 8, Article 9;

c) Points d, đ, e, h and i Clause 2; Points b, đ, h, Clause 3; Points d, e, g, Clause 4; Points b, c, Clause 5; point a Clause 6; clause 7 of Article 10;

d) Points c, g, h, i clause 1; Clauses 2; 3; 4 of Article 11;

đ), Article 12, Article 13, Article 14, Article 15;

e) Clause 1, Clause 2, Clause 4, Clause 5 of Article 18;

g), Article 21, Article 23;

h) Point b, Clause 3; Points b, c, đ, e Clause 5; Point c, Clause 7, Article 26;

i) Article 29, Article 32;

k) Clause 3, Clause 4 of Article 34; Article 35, Article 37, Article 38.

4. Inspectorate of road within the functions and assigned tasks is competent to sanction for violations of regulations on transport operations and transport support services at the locations of stopping or parking on the road, the depots, parking lots, halts, stations of testing vehicles’ weight, toll booths, road transport business establishments when the vehicles (with violations) stop or park on the road; violations of regulations on training and testing, granting driving license, technical safety and environmental protection inspection activities of motorized vehicles, protecting the infrastructure of road transport, ensuring the technical standards of the road works and a number of other violations provided in the points, clauses, Articles of this Decree as follows:

a) Point đ Clause 1; Points g and h, Clause 2; Points d, đ, e, Clause 3; Points a, b, đ, h, Clause 4; Points b, đ, Clause 5; Point b Clause 7; Clause 8, Article 8;

b) Points a, đ, h, Clause 3; Points d, đ, Clause 5 of Article 9;

c) Points d, đ, e, g, h and i, Clause 2; Point b, Clause 3; Points e, g Clause 4; Point b, Point c, Clause 5, Article 10;

d) Points c, e, g, h, Clause 1; Points a, b, Clause 2; Point b, Clause 3 of Article 11;

đ) Point a, Clause 1, Clause 2, Clause 3, 4, Point b, Clause 5, Article 14;

e) Article 15, Article 16, Article 17, Article 18;

g) Clauses 1; 2; Clause 3; 4; Points b and đ, Clause 5, Article 19;

h) Article 22, Article 23;

i) Point b, Clause 3; Point b, Point c, Clause 4; Clause 6; Clause 7 of Article 24;

k) Article 25; 26;

l) Clause 1; Points a, b, and d, Clause 2; Clause 3; Clause 4 of Article 27;

m) Article 28, Article 30, Article 31;

n) Clause 2; Points a, d and e, Clause 4; Clause 5; Point a, Point b, Clause 6 of Article 33;

o) Article 34, Article 36, Article 38, Article 41, Article 42. "

15. To amend and supplement Article 54 as follows:

"Article 54. Temporary detention of vehicles, documents relating to drivers and violating vehicles

1. To immediately stop the administrative violations, the persons who are competent to sanction are entitled to conduct the temporary detention of vehicles up to 10 (ten) days before making decision to sanction for the acts of violation specified in the following Articles, clauses, points of this Decree:

a) Violation of Points g, k Clause 4; Points b, đ, Clause 5; Points b, c, and d, Clause 7; Clause 8, Article 8;

b) Violation of Points b, đ, Clause 5; Points b, e, and g, Clause 6; Clause 7; Clause 8, Article 9;

c) Violation of Point đ, Clause 3; Points d, g Clause 4; Point a, Clause 6; Clause 7 of Article 10;

d) Violation of Points d and đ, Clause 4, Article 11, in cases the violators are under 16 years old and control vehicles;

đ) Violation of Points a, b, c and d, Clause 4; Points d and đ, Clause 5, Article 19;

e) Violation of Clause 3 of Article 20;

g) Violation of Point a, đ Clause 1 of Article 22;

h) Violation of Clause 1; Point a, Point c, Clause 4; Clause 5; Clause 6; Clause 7 of Article 24;

i) Clause 2, Clause 4 of Article 26 in the case passenger carrying cars transport in excess of 50% of the number of people allowed to carry on the means; Point đ, Clause 7, Article 26;

k) Clause 3 of Article 36;

l) Violation of Points a, b and c, Clause 2, Article 38 in the cases the violators are means controllers.

2. To ensure the sanction of administrative violations, the persons who are competent to sanction may also decide to detain temporarily vehicles and papers related to drivers and vehicles for committing one of the acts specified in the Decree according to the provisions of the law on handling of administrative violations. When the violators are kept temporarily papers as prescribed in this Clause, if the time limit for appointment to the settlement for the violation stated in the record of administrative violation is over but the violators have not yet come to the administrative agencies’ offices of the persons who are competent to sanction for handling the violation and they continue to drive/ride vehicles or bring the vehicle in traffic, they will be subject to sanctions as undocumented behavior.

3. When the vehicles are detained temporarily under the provisions of clause 1, clause 2 of this Article, means owners must bear all costs (if any) for using alternative means to transport people and goods on the detained vehicles.

4. Ministry of Public Security guides in detail the application of measures to detain temporary the means as specified in clause 1, clause 2 of this Article. "

16. To amend and supplement Clause 4, Clause 6, Clause 7 of Article 57 as follows:

"4. For drivers who commit violations prescribed in point đ clause 1 Article 8, point h Clause 2 Article 10 of this Decree, in case of placing dangerous signboard not in compliance with provisions shall be sanctioned since July 01, 2013.

6. Provisions in Section 7 Chapter II of this Decree are piloted for 36 (thirty six) months from the effective date of this Decree. People's Committees of centrally-run cities specify the scope of urban areas to make the pilot. Every year, the Ministry of Transport presides over and coordinates with the Ministry of Public Security and People's Committees of centrally-run cities to report to the Prime Minister the results of the pilot; when the time limit of the pilot expires, sum up, evaluate the pilot and report to the Government and propose the guidelines for next implementation.

7. On sanctions against individuals, organizations committing violation acts prescribed at Point a, Clause 6, Article 26, Point b, Clause 3 of Article 27 of this Decree shall be implemented from July 01, 2013. "

Article 2. Effect

1. This Decree takes effect from November 10, 2012.

2. To annul the Decree No.33/2011/ND-CP of May 16, 2011 of the Government amending and supplementing a number of Articles of the Decree No.34/2010/ND-CP of April 02, 2010 of the Government on the sanction of administrative violations in the field of road transport.

3. The violations of the provisions of this Decree detected and recorded in writing before the effective date of this Decree, are still comply with the provisions of the Decree No.34/2010/ND-CP dated April 02, 2010 and the Decree No.33/2011/ND-CP of May 16, 2011.

Article 3. Responsibility for implementation

Ministers, heads of ministerial-level agencies, the heads of the governmental agencies, Presidents of the People's Committees of provinces and cities directly under the Central Government are responsible for the implementation of this Decree./.

 

 

 

FOR THE GOVERNMENT
PRIME MINISTER




Nguyen Tan Dung

 

 

 

YÊU CẦU DỊCH VỤ/TƯ VẤNLuat Khai Phong tu van
CÔNG TY LUẬT KHAI PHONG
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