Nghị định 107/2014/ND-CP

DECREE

AMENDMENTS TO THE GOVERNMENT'S DECREE NO. 171/2013/ND-CP DATED NOVEMBER 13, 2013 ON ADMINISTRATIVE PENALTIES FOR ROAD TRAFFIC OFFENSES AND RAIL TRANSPORT OFFENSES

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

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

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

Pursuant to the Law on Rail transport dated June 14, 2005;

At the request of the Minister of Transport;

The Government promulgates a Decree on amendments to the Government's Decree No. 171/2013/ND-CP dated November 13, 2013 on administrative penalties for road traffic offenses and rail transport offenses.

Article 1. Amendments to the Government's Decree No. 171/2013/ND-CP dated November 13, 2013 on administrative penalties for road traffic offenses and rail transport offenses

1. Point dd Clause 3 Article 16 is amended as follows:

”dd) Changing the size of the trunk or adding/removing passenger seats/beds of the passenger vehicle without permission."

2. Clause 2 Article 23 is amended as follows:

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

3. Clause 4 Article 23 is amended as follows:

“4. The operator of the passenger vehicle running on a route longer than 300 km shall incur a fine of from 800,000 VND to 1,000,000 VND  for every person carried beyond the permissible limit, in particular: 02 people beyond the limit or more on a 9 seater vehicle, 03 people beyond the limit or more on a 10 - 15 seater vehicle; 04 people beyond the limit or more on a 16 - 30 seater vehicle; 04 people beyond the limit or more on a > 30 seater vehicle.”

4. Article 24 is amended as follows:

“Article 24. Penalties incurred by operators of trucks, tractors and other vehicles that violate traffic rules when transporting goods

1. A fine of from 300,000 VND to 400,000 VND shall be imposed for failure to tie goods firmly where necessary; putting cargo on the roof; making the vehicle imbalanced when loading cargo.

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

a) Carrying goods beyond the payload limit written on the Certificate of technical and environmental safety by >10% - 40% if payload limit is below 5 metric tons, by >10% - 30% if the payload limit is ≥ 5 metric tons, or by >20% - 30% if the vehicle is a tanker vehicle (including trailers and semi-trailers);

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

c) Carrying passengers in the cargo container; allowing the passenger to sit on the roof or hang from the vehicle while it is running;

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

3. A fine of from 1,000,000 VND to 2,000,000 VND shall be imposed for transporting goods without installing a GPS surveillance device (if required) or the device is not working.

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

a) Driving a taxi truck without a taximeter or the taximeter is installed improperly;

b) Carrying goods beyond the permissible height of cargo of the trucks (including trailers and semi-trailers).

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

a) Carrying goods beyond the payload limit written on the Certificate of technical and environmental safety by >40% - 40% if payload limit is below 5 metric tons, by >30% - 50% if the payload limit is ≥ 5 metric tons or the vehicle is a tanker vehicle (including trailers and semi-trailers);

b) Operating the vehicle beyond time limits;

c) Operating a vehicle without a badge or with an expired badge (if a badge is required).

6. A fine of from 5,000,000 VND to 7,000,000 VND shall be imposed for carrying goods beyond the payload limit written on the Certificate of technical and environmental safety by >60% - 100% overload if payload limit is below 5 metric tons, by >50% - 100% if the payload limit is ≥ 5 metric tons or the vehicle is a tanker vehicle (including trailers and semi-trailers).

7. A fine of from 7,000,000 VND to 8,000,000 VND shall be imposed for carrying goods by over 100% beyond the payload limit written on the Certificate of technical and environmental safety (including trailers and semi-trailers).

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

a) The driving license shall be suspended for 01 month when any of the violations in Point b Clause 2 or Point a Clause 5 of this Article is committed;

b) The driving license shall be suspended for 02 month when any of the violations in Point c Clause 2, Point b Clause 4, Point b and Point c Clause 5, and Clause 6 of this Article is committed;

c) The driving license shall be suspended for 03 month when any of the violations in Clause 7 of this Article is committed;

d) If the operator who is also the owner of the vehicle recommits any of the violations in Point a Clause 5, Clause 6, and Clause 7 of this Article using the same vehicle, which has an unconformable trunk, the Certificate of technical safety and environmental safety and the Inspection stamp shall be suspended for 01 month.

9. Apart from incurring the penalties, the violator shall be compelled to take remedial measures as follows:

a) The person that commits the violations in Point a or Point b Clause 2, Point b Clause 4, Point a Clause 5, or Clause 6 of this Article shall also be compelled to remove the amount of goods that exceeds the weight limit or size limit as instructed by duty officers at the scene.

b) If the operator who is also the owner of the vehicle recommits any of the violations in Point a Clause 5, Clause 6, and Clause 7 of this Article using the same vehicle, which has an unconformable trunk, he/she shall be compelled to have the trunk modified according to applicable regulations and apply for another registration before the vehicle is put back into operation.

5. Clause 1 Article 28 is amended as follows:

“1. A fine of from 500,000 VND to 1,000,000 VND shall be imposed upon an individual, a fine of from 1,000,000 VND to 2,000,000 VND shall be imposed upon an organization that loads goods beyond the payload limit written on the Certificate of technical and environmental safety by >10% to 40%, or loads goods to the vehicle without signing the transport order as prescribed.”

6. Point b Clause 2 Article 28 is amended as follows:

“b) Failing to put the name and phone number of the transport service provider, the net weight of the vehicle, the maximum payload on the truck doors; failing to put the name and phone number of the transport service provider, the net weight of the tractor, the maximum payload, and the maximum trailer weight on the sides of the tractor doors, failing to put the name and phone number of the transport service provider, the net weight of the tractor, the maximum payload, and the gross vehicle weight rating on the trailer or semi-trailer as prescribed;”

7. Point e is added to Clause 2 Article 28 as follows:

“e) Loading goods on the car beyond the payload limit written on the Certificate of technical and environmental safety by over 40%.”

8. Article 30 is amended as follows:

“Article 30. Penalties incurred by vehicle owners

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

a) Changing the brand name or color of the vehicle against the Certificate of vehicle registration;

b) Failing to follow the procedure for transferring the vehicle ownership (replacing the vehicle owner’s name on the Certificate of vehicle registration) when buying, being given, allocated, or inherited a moped or motorcycle.

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

a) Using unsafe windshields or windows;

b) Changing the color of the vehicle without permission against the Certificate of vehicle registration;

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

3. For owners of mopeds and motorcycles: a fine of from 800,000 VND to 1,000,000 VND shall be imposed upon the individual, a fine of from 1,600,000 VND to 2,000,000 VND shall be imposed upon the organization that commits one of the following violations:

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

b) Falsifying or forging the documents about vehicle registration;

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

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

dd) Allowing an unqualified people according to Clause 1 Article 58 of the Law on Road traffic to operate the vehicle on public roads.

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

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

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

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

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

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

dd) Allowing an unqualified person (according to Clause 1 Article 58 of the Law on Road traffic) to operate the car or tractor or specialized motorcycle (according to Clause 1 Article 62 of the Law on Road traffic) on public roads;

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

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

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

i) Allowing an employee or representative to operate the vehicle and subsequently commit the violations mentioned in Point b Clause 2 Article 25 of this Decree;

k) Allowing an employee or representative to operate the vehicle and subsequently commit the violations mentioned in Clause 2, Point b, Point c, Point d, Point dd, or Point e Clause 3Article 33 of this Decree.

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

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

b) Operating specialized motor vehicles on public roads without the Certificate of technical and environmental safety.

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

a) Changing the chassis, engine, the brake system, transmission system without permission; changing the original shape or size of the vehicle against the manufacturer’s design or the modified design approved by a competent authority, without permission; changing the functions of the vehicles;

b)Transforming other types of vehicle into passenger vehicles.

8. For owners of cars, tractors, specialized motorcycles: a fine of from 12,000,000 VND to 14,000,000 VND shall be imposed upon the individual, a fine of from 24,000,000 VND to 28,000,000 VND shall be imposed upon the organization that allows an employer or representative to operate the vehicle and subsequently commit the violations mentioned in Point a Clause 5 Article 24 of this Decree.

9. For owners of cars, tractors, specialized motorcycles: a fine of from 14,000,000 VND to 16,000,000 VND shall be imposed upon the individual, a fine of from 28,000,000 VND to 32,000,000 VND shall be imposed upon the organization that commits one of the following violations

a) Allowing an employee or representative to operate the vehicle and subsequently commit the violations mentioned in Clause 6 Article 24 or Clause 4 Article 33 of this Decree;

b) Allowing an employee or representative to operate the vehicle and consequently commit the violations mentioned in Point a Clause 2 Article 25 of this Decree.

10. For owners of cars, tractors, specialized motorcycles: a fine of from 16,000,000 VND to 18,000,000 VND shall be imposed upon the individual, a fine of from 32,000,000 VND to 36,000,000 VND shall be imposed upon the organization that allows an employee or representative to operate the vehicle and subsequently commit the violations mentioned in Clause 7 Article 24 or Clause 5 Article 33 of this Decree.

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

a) The license plate, Certificate of vehicle registration (reissued), fake documents shall be confiscated when any of the violations in Point b, Point d Clause 3, Point b or Point e Clause 5 of this Article is committed;

b) The vehicle shall be confiscated when the violation mentioned in Point b Clause 7 of this Article is committed;

c) If any of the violations mentioned in Clause 8, Point a Clause 9, Clause 10 of this are is recommitted using the same vehicle whose trunk is unconformable, the Certificate of technical and environment safety and the Inspection stamp shall be suspended for 01 month.

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

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

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

c) If any of the violations mentioned in Clause 8, Point a Clause 9, Clause 10 of this are is recommitted using the same vehicle whose trunk is unconformable, the trunk must be modified according to applicable regulations and another registration must be obtained before the vehicle is put back into operation.”

9. Article 33 is amended as follows:

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

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

2. A fine of from 2,000,000 VND to 3,000,000 VND shall be imposed for operating a vehicle of which the gross vehicle weight exceeds the capacity of the bridge or road by >10% - 20%, unless an unexpired license for transport is presented.

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

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

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

c) Operating a vehicle of which the gross vehicle weight or gross axle weight exceeds the capacity of the bridge or road by >20% - 50%, unless an unexpired license for transport is presented;

d) Carrying goods that exceed the dimensional limits of the road or bridge written in the License for transport;

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

e) Operating a vehicle of which the outer size (including cargo) exceeds the dimensional limits of the bridge or road, unless an unexpired license for transport is presented.

4. A fine of from 5,000,000 VND to 7,000,000 VND shall be imposed for operating a vehicle of which the gross vehicle weight or gross axle weight exceeds the capacity of the bridge or road by >50% - 100%, unless an unexpired license for transport is presented.

5. A fine of from 7,000,000 VND to 8,000,000 VND shall be imposed for operating a vehicle of which the gross vehicle weight or gross axle weight exceeds the capacity of the bridge or road by over 100%, unless an unexpired license for transport is presented.

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

a) The driving license (for cars, tractors) or the certificate of training in traffic rules (for specialized motorcycles) shall be suspended for 01 month when any of the violations in Clause 1 or Point c Clause 3 of this Article is committed;

b) The driving license (for cars, tractors) or the certificate of training in traffic rules (for specialized motorcycles) shall be suspended for 02 month when any of the violations in Point a, Point b, Point d, Point dd, Point e Clause 3 this Article is committed;

c) The driving license (for cars, tractors) or the certificate of training in traffic rules (for specialized motorcycles) shall be suspended for 03 month when any of the violations in Clause 5 of this Article are committed;

d) If the operator who is also the owner of the vehicle recommits any of the violations in Clause 4 and Clause 5 of this Article using the same vehicle, which has an unconformable trunk, the Certificate of technical safety and environmental safety and the Inspection stamp shall be suspended for 01 month

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

a) Remove the excess load as instructed by the duty officers who discover the violations; repair the road infrastructure that is damaged by the violations when any of the violations mentioned in Clause 1, Clause 2, Clause 3, Clause 4, and Clause 5 of this Article is committed;

b) If the operator who is also the owner of the vehicle recommits any of the violations in Clause 4 and Clause 5 of this Article using the same vehicle, which has an unconformable trunk, he/she shall be compelled to have the trunk modified according to applicable regulations and apply for another registration before the vehicle is put back into operation.”

10. Point l Clause 6 Article 68 is amended as follows:

“l) Clause 1; Point a, Point b, Point d Clause 2; Clause 3; Clause 4; Clause 5; Clause 6; Clause 7 Article 24;”

11. Point n Clause 6 Article 68 is amended as follows:

“n) Clause 2; Point a, Point dd, Point g, Point h, Point I, Point k Clause 5; Clause 6; Clause 7; Clause 8; Clause 9; Clause 10 Article 30;"

Article 2. Effect and implementation

1. This Decree takes effect on January 01, 2015.

2. The Ministry of Transport shall cooperate with other Ministries and regulatory bodies in providing guidance on implementation of this Decree.

3. Ministers, Heads of ministerial agencies, Heads of Governmental agencies, Presidents of the People’s Committees of provinces are responsible for the implementation of this Decree./.