Nghị định 78/1998/ND-CP

DECREE

ON AMENDMENTS AND SUPPLEMENTS TO A NUMBER OF ARTICLES OF DECREE No. 49-CP OF JULY 26, 1995 OF THE GOVERNMENT

THE GOVERNMENT

Pursuant to the Law on Organization of the Government of September 30, 1992;
Pursuant to the Ordinance on Vietnam People's Police of January 28, 1989 and the July 6, 1995 Ordinance amending Article 6 of the Ordinance on Vietnam People's Police;
Pursuant to the July 6, 1995 Ordinance on the Handling of Administrative Violations;
Pursuant to Decree No. 36-CP of May 29, 1995 of the Government on ensuring traffic order and safety on land roads and in urban centers and Decree No. 75/1998/ND-CP of September 26, 1998 of the Government amending and supplementing a number of Articles of Decree No. 36-CP of May 29, 1995;
Pursuant to Decree No. 80-CP of December 5, 1996 of the Government defining the organization and operation of the specialized communications and transport inspectorate;
At the proposals of the Minister of Communi-cations and Transport and the Minister of Justice,

DECREES:

Article 1.- To amend and/or supplement a number of Articles of Decree No.49-CP of July 26, 1995 of the Government on administrative sanctions against violations of traffic order and safety on land roads and in urban centers as follows:

1. Article 2 is amended as follows:

"Article 2.- The fine levels applicable in san-ctioning administrative violations with extenuating or aggravating factors.

1. Depending on the seriousness and nature of the violation, the fine may be increased or reduced as compared to the prescribed level but must not be 1.5 times higher or 0.5 time lower than the level of fine against an act of violation prescribed in this Decree.

2. The application of extenuating or aggravating factors shall comply with the provisions of the Ordinance on the Handling of Administrative Violations."

2. Point a, Clause 1 of Article 5, is amended as follows:

"a/ Conducting activities of construction and/or repair of projects within the corridor of protection of land road traffic works or projects directly related to land road traffic works without permit from the land road traffic management agency or with such a permit but without notifying in writing the agency directly managing land road projects thereof."

3. To supplement Point f to Clause 2 of Article 7 as follows:

"f/ Skating or playing other games and/or sports on roads"

4. Clauses 1, 2, 3, 4 and 5 of Article 8 are amended as follows:

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

a/ Riding bicycle on lanes not prescribed therefor, on street pavements, in public flower gardens or parks.

b/ Using umbrellas or stick umbrellas against rain or sun shine when riding bicycle.

c/ Stopping bicycle on the roadbed or in places where the traffic is obstructed.

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

a/ Riding across a road, bridge, ferry or a dangerous road section without obeying the signal lights or signs and other traffic signals or the guidance of the person in charge of traffic control.

b/ Riding three and more abreast.

c/ Parking, stopping 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 give signal by stretching hand before making a turn.

e/ Pack-bicycle or bicycle transporting bulky cargo beyond the prescribed limits, or violating the regulations on time and roads prescribed for traffic.

f/ Failing to give way to motorized vehicles.

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

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

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

c/ Weaving one's way on the bike, riding in zigzags; chasing one another on the street.

d/ Riding from houses, alleys or side-streets to road or vice versa without noticing ahead, thus breaking the traffic safety.

e/ Riding into the opposite direction of one-way roads, restricted roads, a road for motorized vehicles only or an area banned to bicycles.

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

a/ Participating in an unlawful cycling race.

b/ Causing accidents then fleeing."

5. Clauses 2 and 3 of Article 9, are amended as follows:

- Point b, Clause 2, is amended as follows:

"b/ Letting an animal draw a cart without a guardian; failing to have enough tools to contain the animal's waste matters or failing to take away from road all waste matters of the animal."

- Point a, Clause 3 is amended as follows:

"a/ Loading the vehicle with cargos beyond the prescribed limit; carrying inflammable and/or explosive goods at variance with the regulations."

6. Clause 3 of Article 10, is amended as follows:

"Article 10.- Sanctions against drivers of cyclo, trailer-bicycle and other vehicles of similar structure in violation of traffic order and safety.

3. A fine of 500,000 dong for acts of racing by cyclo or trailer- bicycle, carrying inflammable and/or explosive goods at variance with the regulations."

7. Article 11 is supplemented and amended as follows:

"Article 11.- Sanctions against drivers of motorcycles, mopeds, trailer-mopeds, motorized cyclos and other vehicles of similar structure in violation of traffic order and safety.

1. A fine of 50,000 dong for one of the following acts:

a/ Failing to keep the right lane, riding on street pavements.

b/ Using umbrellas or stick umbrellas against rain or sun shine or using mobile phones while riding the vehicles mentioned in this Article.

c/ Parking or stopping the vehicle on the roadbed or at a non-parking or non-stopping place.

d/ The driver of one of the vehicles mentioned in this Article carries more persons than prescribed, or carries bulky commodities; or rides the vehicle two and more abreast.

e/ The driver of one of the vehicles mentioned in this Article is not full 16 years of age.

f/ Failing to give signal when changing direction or passing through a place where the view is obstructed; using the main headlight in cities, towns or townships; blowing horns in areas where honking is forbidden or thus breaking the quietness of night from 10 p.m. to 5 a.m.

g/ Gathering in group of 3 vehicles or more on the roadbed, pavement or bridge.

h/ Failing to bring along motorcycle or moped registration certificate.

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

a/ Riding at a speed exceeding the prescribed one; riding on the opposite direction of the one-way road or entering a restricted road or area.

b/ Refusing to give way to priority vehicle or other vehicle that has signaled the overtaking as prescribed.

c/ Riding across a road, bridge, ferry or dangerous road section without observing the signal lights, signs, other traffic signals or guidance of the traffic police or traffic control personnel.

d/ Using motorcycles, mopeds, trailer-mopeds or motorized cyclos to pull, push or lead animals, to haul other objects or hold on to other vehicles.

e/ Riding a vehicle without lights, horn and/or brakes or with non-operational ones; using horns reserved only for priority vehicles or car; using unreadable or curved number plates.

f/ Riding a moped, motorcycle, trailer-moped or motorized cyclo without driving license as prescribed.

g/ Lending the driving license.

h/ Failing to submit to the inspection and/or control by the traffic police when there's a sign of his/her violation of the regulations on traffic order and safety.

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

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

a/ Riding at high speed from houses, alleys or side-streets to main roads, and vice versa.

b/ Riding a vehicle which is not registered yet or which has been registered but its plate number is not compatible with that in the vehicle's registration certificate; riding a vehicle without number plate or with a fake number plate.

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

a/ Taking both hands off the handlebars while riding; recklessly overtaking another vehicle; using a vehicle without silencer; letting the motorcycle stand drag on road while riding.

b/ Driving the vehicle after drinking alcohol, beer or other stimulants with volume percentage exceeding the prescribed level;

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

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

a/ Weaving one's way, riding in zigzags, chasing one another or riding a vehicle with only one wheel on the road.

b/ Riding a motorcycle with cylinder capacity of 175 cm3 or above at variance with the regulations.

c/ Altering the vehicle's characteristics.

d/ Causing accident then fleeing.

e/ Erasing or modifying the vehicle's dossier, registration certificate, the engine's numbers or frame's numbers, but not seriously enough for being examined for penal liability.

f/ Carrying inflammable and/or explosive goods at variance with the regulations.

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

a/ Weaving one's way or riding in zigzags, chasing one another and causing accident but not seriously enough for being examined for penal liability.

b/ Weaving one's way or riding in zigzags, chasing one another and causing accident, ignoring the order of the person on duty to stop.

7. Apart from fine, a driver of moped, motorcycle, trailer-moped or cyclo, who violates the provisions of this Article shall be handled as follows:

a/ To have his/her driving license withdrawn for 60 (sixty) days, in case of violation of Point b, Clause 4; Points a and d, Clause 5.

b/ To have his/her driving license stripped, in case of violation of Clause 6; and have the vehicle confiscated in case of recidivism;

c/ To pay compensation for any damage, in case of violation of Point a, Clause 6."

8. Article 13 is amended as follows:

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

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

a/ Driving an automobile on wrong lanes, road or at wrong time as prescribed.

b/ Parking, stopping, giving way, overtaking, reversing, making U-turn, left or right turn at variance with the regulations.

c/ Blowing horns in cities, towns or townships or in areas where honking is banned; honking at night time from 10 p.m. to 5 a.m. in cities, towns or townships; using main head lights from 7 p.m. to 5 a.m. when another automobile is running from the opposite direction.

d/ The number plate is unreadable, hidden or lacks letter(s) and/or number(s) as prescribed; the number plate is stuck on the vehicle not at the prescribed positioin.

e/ Driving an automobile without horn, head lights, signal lights, windshield wipers, windshields and rearview mirror(s).

2. A fine of 300,000 dong for one of the following acts:

a/ Driving an automobile into the opposite direction of a one-way road, or a road banned to some kinds of vehicle.

b/ Driving an automobile at a speed higher then the prescribed one; driving at a high speed from an alley, side-street or small street to the main road or vice versa.

c/ Refusing to give way to another vehicle even when the latter has signaled for the overtaking or refusing to give way to vehicle on main roads.

d/ Driving across a road, bridge, ferry or dangerous road section without observing the signal lights, signs and other traffic signals or not according to guidance of the traffic police or traffic control personnel.

e/ Driving a vehicle transporting earth, sand, construction materials or other commodities without cover or without taking safety measures.

f/ Refusing to carry accident victim(s) to first-aid station(s) when riding past a place of accident.

g/ Driving an automobile without brakes, driving at night without the prescribed lights.

h/ Using a fake number plate.

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

3. A fine of 500,000 dong for one of the following acts:

a/ Refusing to give way to a priority vehicle.

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

c/ Transporting bulky commodities and/or objects higher, which are longer or wider than allowed.

d/ Transporting bamboo, iron, steel or other materials and letting them drag on roads or without taking any safety measures.

e/ The driver is out of the prescribed age.

f/ Refusing to submit to or obstructing the inspection, control or guidance of the traffic police or the traffic control personnel when he/she is caught in violation.

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

h/ Failing to keep the safety distance at a place where there's a sign on minimum distance between automobiles.

i/ Parking, stopping the automobile or opening the automobile's door, thus causing accident to other(s) but not to the extent of being examined for penal liability.

j/ Loading the automobile with commodities askew.

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

a/ Driving after taking alcohol, beer or other stimulants with volume percentage higher than prescribed.

b/ Practicing driving without the practice permit or without an instructor sitting beside; the automobile does not carry the "practice driving" sign as prescribed; driving without auxiliary brakes and rearview mirror(s); driving on a public road without permission; driving outside the prescribed lane or area.

c/ Transporting commodities and/or objects above the allowed weight of the automobile.

d/ Using trucks for the transportation of passengers without permission by the competent agency or at variance with the regulations.

e/ The driver does not have a driving license or the driving license does not match the kind of the automobile he/she is driving; there's no certificate of technical safety and environmental protection for the automobile; the automobile is not yet registered; it is not certified for transfer of region or lacks the operating permit as prescribed.

f/ Erasing, modifying the automobile's registration certificate, the engine's numbers, frame's numbers, certificate of technical safety and environmental protection or other papers, but not to the extent of being examined for penal liability.

g/ Using a fake driving license, a fake certificate of technical safety and environmental protection or a fake registration certificate.

h/ The driver of the automobile commits act(s) of violation and resists the official(s) on duty, but not to the extent of being examined for penal liability.

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

a/ Causing accident then fleeing, but not to the extent of being examined for penal liability.

b/ Borrowing or hiring a whole automobile or a number of components of an automobile to avoid control by the competent agency.

6. A fine of 5,000,000 for any act of transporting noxious, inflammable and/or explosive substances at variance with the regulations; or parking, stopping such vehicle in a crowded place or important projects.

7. A fine of 20,000,000 dong against participants in an unlawful car race.

If an unlawful car-racer resists official(s) on duty but not to the extent of being examined for penal liability or if he/she repeats the unlawful car race, he/she shall be fined 50,000,000 dong, have his/her automobile confiscated and his/her driving license stripped.

8. Apart from a fine, an automobile driver committing act(s) of violation defined in this Article shall also be subject to:

a/ Having his/her driving license withdrawn for 90 (ninety) days, in case of violation of Point a, Clause 4; Point a, Clause 5, and Clause 6.

b/ Immediately reducing the load and bearing all costs arising therefrom, in case of violation of Point c, Clause 4.

c/ Paying compensation for any damage, in case of violation of Point a, Clause 5."

9. Article 14 is amended as follows:

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

1. A fine of 100,000 dong against passengers who commit one of the following acts:

a/ Causing disorder in the car.

b/ Obstructing the transportation of passengers.

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

d/ Hanging on the car, sitting on its roof or committing other acts against the safety while the car is running.

2. A fine of 200,000 dong against the driver of a passenger car who commits one of the following acts:

a/ Letting the passengers stay in the car when the car is taking to or disembarking from a ferry, or while on a ferry.

b/ Taking or releasing passengers when the car is running, at the wrong stations, or unprescribed places, at non-stopping or non-parking place or at a curved road section where the view is obstructed.

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

3. A fine of 500,000 dong against the driver of a passenger car who commits one of the following acts:

a/ Letting passengers to hang on the car's door, sit on the car's side-wall or roof.

b/ Transferring or ceding passengers of one's car to another en route, without the passengers' consent.

c/ Carrying more passengers than prescribed for each kind of vehicle.

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

e/ Disembarking passengers to avoid inspection and/or control of the competent person(s).

4. A fine of 2,000,000 dong for acts of transporting noxious, inflammable and/or explosive substances together with passengers.

5. Apart from a fine, the driver of a passenger car who violates the provisions in this Article shall also have to:

a/ Immediately take measures to overcome the consequences and ensure traffic safety, in case of violation of Points a and c, Clause 2; Points a, c and d, Clause 3; and Clause 4.

b/ Have his/her driving license withdrawn for 90 (ninety) days, in case of his/her violation of Point c, Clause 3; and Clause 4.

6. The driver of a passenger car who violates the provisions in Article 13 of this Decree shall also be sanctioned under the provisions of that Article."

10. Clauses 2 and 3 of Article 15, are amended as follows:

"2. A fine of 500,000 dong against the driver of such rudimentary vehicles as "cong nong" or "bong sen" or other vehicles of similar technical standard for committing one of the following acts:

a/ Transporting men;

b/ The vehicle is not equipped with lights, horn and/or brakes or is equipped with such things which have become inoperative;

c/ Transporting inflammable and/or explosive goods at variance with the regulations.

3. The driver of such three-wheeled vans as "xe lam", "cong nong" or "bong sen" or other vehicles of similar technical standard, who violates the provisions of Articles 13, 14 and 17 of this Decree shall be sanctioned under the provisions of those Articles."

11. Article 16 is amended as follows:

"Article 16.- Sanctions against the drivers of caterpillars, overloaded and oversized vehicles, as compared to those prescribed for roads and/or bridges, violating traffic order and safety

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

a/ Driving on roads, bridges or ferries without permit or the permit has expired.

b/ Failing to keep the route prescribed in the permit.

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

a/ Transporting commodities with their total weight after deducting the allowed error still exceeding the weight prescribed for the bridge or road by up to 2%;

b/ Transporting oversized commodities on bridges or roads, for which the commodities' height must be lower than 50 cm, the width must be lower than 20 cm and the length must be lower than 150 cm.

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

a/ Transporting commodities with their weight after deducting the allowed error still exceeding the weight prescribed for the bridge or road by more than 2%;

b/ Transporting commodities with their sizes exceeding the limits prescribed for the bridge or road in Point b, Clause 2 of this Article.

4. Apart from a fine, the driver of a vehicle who commits act(s) defined in this Article shall also have his/her driving license withdrawn for 60 (sixty) days; have to discharge the overloaded or oversized commodities immediately; all costs arising therefrom, including the hire of means for the discharge of commodities shall be borne by the owner and driver of the vehicle."

12. Point a, Clause 5 of Article 17, is amended as follows:

"a/ If the driver who is also the owner of a vehicle violates the provisions in Clause 3 of this Article, he/she shall be stripped of his/her driving license for 180 (one hundred and eighty) days and his/her vehicle's certificate of technical safety and environmental protection withdrawn."

13. Clause 2 of Article 20, is amended as follows:

"2. The land road communications and transport specialized inspectorate shall have the competence to sanction acts of violation of the provisions in Articles 4, 5, 6, 7, 16 and 18 of this Decree."

14. Clause 5 of Article 22, is amended as follows:

"5. The head of the traffic police section of the province or city directly under the Central Government; the head of the police section in charge of administrative management of social order of the provincial/municipal police department; the head of the special force unit, the mobile police unit at company or equivalent level or higher level shall have the sanctioning competence as the head of the district-level police section."

15. Clause 6 of Article 22, is amended as follows:

"6. The head of the land road and railway traffic Police Department and the head of the Police Department for administrative management of social order shall have the competence:

a/ To serve a warning;

b/ To fine up to 20,000,000 dong;

c/ To apply forms of additional sanctions and measures to overcome consequences as stipulated in Clause 4, Article 22 of this Decree."

16. Article 23 is amended as follows:

"Article 23.- Sanctioning competence of the specialized communications and transport inspector:

1. A specialized communications and transport inspector shall have the competence:

a/ To issue a warning;

b/ To fine up to 200,000 dong;

c/ To confiscate material evidences and means of violation valued up to 500,000 dong;

d/ To force the offender to restore the initial state which has been altered due to the administrative violation; to force the offender to dismantle the illegally-built works;

e/ To force the offender to take measures to ensure traffic safety.

2. The head of the specialized communications and transport inspectorate attached to the provincial/municipal Communications and Transport Service (the Communications and Public Works Service) or to the Division of Land Road Management shall have the competence:

a/ To serve a warning;

b/ To fine up to 10,000,000 dong against the violations of the provisions in this Decree;

c/ To force the offender to compensate up to 1,000,000 for damage caused by his/her administrative violation;

d/ To apply forms of additional sanctions and measures to overcome the consequences as stipulated in Clause 1, Article 23 of this Decree."

Article 2.- This Decree takes effect 15 days after its signing. All the earlier provisions which are contrary to this Decree are now annulled.

Article 3.- The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government shall, within their functions and tasks, have to guide and organize the implementation of this Decree. The presidents of the People's Committees of the provinces and cities directly under the Central Government shall, basing themselves on the local situation and characteristics as well as their competence, elaborate regulations and plans for the implementation of this Decree.

Article 4.- The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government, the presidents of the People's Committees of the provinces and cities directly under the Central Government shall have to implement this Decree.