Nội dung toàn văn Law No. 23/2008/QH12 of November 13, 2008, on road traffic
REPUBLIC OF VIET NAM
Hanoi, November 13, 2008
ON ROAD TRAFFIC
Pursuant to the 1992 Constitution
of the Socialist Republic of Vietnam, which was amended and supplemented under
Resolution No. 51/2001/NQ-QH10 bổ sung điều của Hiến pháp nước cộng hoà xã hội chủ nghĩa Việt Nam năm 1992">51/2001/QH10;
The National Assembly promulgates the Law on Road Traffic,
Article 1. Scope of regulation
This Law prescribes road traffic rules; road infrastructure facilities, vehicles in traffic and road users, road transportation and state management of road traffic.
Article 2. Subjects of application
This Law applies to organizations and individuals related to road traffic on the territory of the Socialist Republic of Vietnam.
Article 3. Interpretation of terms
In this Law, the terms below are construed as follows:
1. Roads include roads, land bridges, tunnels and ferry landing stages.
2. Road works include roads, standing and parking places on roads, traffic light signals, road signs, road markings, marker posts, fences, traffic islands, median strips, milestones, walls, embankments, water drainage systems, vehicle mass inspection stations, toll stations and other support road works and equipment.
3. Road infrastructure facilities include road works, car terminals, parking lots, roadside service stations and other support works along the roads to serve traffic, and road safety corridors.
4. Road land means a land area on which road works are constructed and land areas along both sides of a road for road work management, maintenance and protection.
5. Road safely corridor means land strips along both sides of the road land, measuring from the outer edge of the road land outwards, to ensure road traffic safety.
6. Carriageway means the part of a road used by vehicular traffic.
7. Lane means a divided longitudinal strip of the carriageway which is wide enough for safe vehicular traffic.
8. Size limit of road means a space with limited height and width of a road, bridge, ferry landing stage or road tunnel so that vehicles, including loaded cargo, can safely pass.
9. Street means a road inside an urban area, which includes road bed and pavement.
10. Median strip is a part of a road that divides the road surface for the two opposite directions of traffic or divides the road sections for motor vehicles and rudimentary vehicles. Median strips are classified into fixed and mobile types.
11. Level crossing (below referred to as intersection) means any crossroad between two or more roads on the same level, including the open area formed by such intersection.
12. Expressway mean a road reserved only for motor vehicles, with median strips separating carriageways for the two opposite directions of traffic, without crossing at level with any road, furnished with adequate support equipment and devices to ensure uninterrupted and safe traffic, shorten travel time, and with certain points for vehicle exits and entries.
13. Main road means a road ensuring major traffic in an area.
14. Feeder road means a road connected to a main road.
15. Priority road means a road vehicles moving on which are given way by those approaching from other directions when passing intersections, and which is signposted as priority road.
16. Collector road means a road that links the system of internal roads of an urban center, an industrial park, an economic zone, a trade-service center and other roads to a main road or a feeder road before connecting to a main road
17. Road vehicle means a road motor vehicle or a road rudimentary vehicle.
18. Road motor vehicle (below referred to as motor vehicle) means automobile; tractor; trailer or semi-trailer drawn by automobile or tractor; motorcycles, three-wheeled motor vehicle, moped (including electric moped) and the like.
19. Road rudimentary vehicle (below referred to as rudimentary vehicle) means bicycle (including motor bicycle), pedicab, vehicle for the disabled, animal-drawn cart and the like.
20. Special-use vehicle means construction vehicle, farm vehicle, forestry vehicle and other special-use vehicles used for defense and security purposes, which joins in road traffic.
21. Vehicle joining in road traffic means road vehicle or special-use vehicle.
22. Road user means operator or user of a vehicle joining in road traffic; person guiding or driving animals and pedestrian walking on the road.
23. Operator means operator of a motor vehicle, rudimentary vehicle or special-use vehicle joining in road traffic.
24. Driver means operator of a motor vehicle.
25. Person directing traffic means traffic police or person tasked to direct traffic at a place where road construction is underway, or traffic is congested, at a ferry landing stage and at a road bridge with a railroad track.
26. Passenger means person carried onboard a road passenger vehicle for which he/she has to pay a charge.
27. Luggage means articles a passenger carries along onboard a vehicle or consigned onboard another vehicle.
28. Cargo means machine, equipment, material, fuel, consumer goods, live animal and other movable property carried onboard a road vehicle.
29. Dangerous cargo means cargo containing a dangerous substance which, when carried by road, may cause harm to human life, health, the environment, safety and national security.
30. Road transportation means activities of using a road vehicle to carry people and cargoes by road.
31. Carrier means an organization or individual using a road vehicle to carry out road transportation activities.
32. Road administration agency means a specialized state management agency under the Ministry of Transport; specialized agencies of People’s Committees of provinces and centrally run cities (below collectively referred to as provincial level), People’s Committees of districts, towns and provincial cities (below collectively referred to as district level) and People’s Committees of communes and townships (below collectively referred to as commune level).
Article 4. Road traffic principles
1. Road traffic must be uninterrupted, orderly, sale and effective, contributes to socio-economic development, defense and security assurance and environmental protection.
2. Road traffic shall be developed according to planning towards modernization and synchronism; transportation by road shall be combined with other modes of transportation.
3. Road traffic administration shall be implemented uniformly on the basis of assignment and decentralization of specific responsibilities and powers and close coordination among ministries, branches and local administrations at all levels.
4. Ensuring road traffic order and safety is the responsibility of agencies, organizations and individuals.
5. Road users shall self-consciously and strictly observe traffic rules and ensure safety for themselves and others. Vehicle owners and operators shall take responsibility before law for ensuring that their vehicles operate safely in road traffic.
6. All acts of violating the road traffic law shall be detected and prevented in time and handled in a strict and lawful manner.
Article 5. Policies on road traffic development
1. The State concentrates resources on developing road traffic, prioritizing investment in developing road traffic infrastructure facilities in key economic regions, cities, mountainous, deep-lying, remote, border, island and ethnic minority regions; and adopts policies to mobilize resources for road administration and maintenance.
2. The State adopts the policy of prioritizing the development of mass transit and restricting the use of personal vehicles in cities.
3. The State encourages and creates conditions for Vietnamese and foreign organizations and individuals to invest in and commercially operate road infrastructure facilities and road transportation activities, and conduct research, apply scientific and technological advances and train human resources in the field of road traffic.
Article 6. Road traffic and transportation planning
1. The road traffic and transport planning is a specialized planning, including planning on infrastructure and planning on means of transport and road transportation.
2. The road traffic and transportation planning shall be formulated on the basis of the socio-economic development strategy, defense and security assurance and international integration, and in conformity with the sector’s planning and close association with other specialized transport plannings.
3. Each road traffic and transportation planning shall be elaborated for at least 10 years, setting development orientations for at least 10 subsequent years; and may be adjusted to take into account the socio-economic development in each period. Such adjustment must perpetuate the previous approved plannings.
An approved road traffic and transportation planning shall be publicized for concerned agencies, organizations and individuals to know, implement and supervise its implementation.
4. The road traffic and transportation planning must clearly identify development objectives, viewpoints, nature and scope; land use needs, funding needs, funding sources and human resources, and lists of projects and priority projects; evaluate its impacts; and identify mechanisms, policies and solutions for its implementation.
5. The Ministry of Transport shall formulate national, inter-regional and regional road traffic and transportation plannings and plannings on national highways and expressways, collect opinions of concerned ministries, ministerial-level agencies and provincial-level People’s Committees on these plannings before submitting them to the Prime Minister for approval.
6. Provincial-level People’s Committees shall formulate and submit to the People’s Councils of the same level for decision plannings on road traffic and transportation under local management. Before submitting them to the People’s Councils of the same level for decision, they shall obtain opinions of the Ministry of Transport.
For centrally run cities of special grade, their People’s Committees shall formulate road traffic and transportation plannings and submit them to the People’s Councils of the same level for adoption and obtain opinions of the Ministry of Transport and the Ministry of Construction before submitting them to the Prime Minister for approval.
7. Plannings on other technical infrastructure works must be compliant and synchronous with plannings on road infrastructure facilities.
8. The State ensures state budget funds and adopts policies to mobilize other funding sources for road traffic and transportation planning work.
Article 7. Road traffic law propagation, dissemination and education
1. Information and propaganda agencies shall regularly organize road traffic law propagation and dissemination among the entire population.
2. People’s Committees at all levels shall, within the scope of their tasks and powers, organize road traffic law propaganda, dissemination and education in their localities and apply forms of propaganda and dissemination suitable to ethnic minority people.
3. Education and training state management agencies shall include the road traffic law in the teaching programs at schools and other educational establishments as suitable to each branch and each level of education.
4. Vietnam Fatherland Front and its member organizations shall coordinate with concerned agencies and local administrations in propagating and mobilizing the people to observe the road traffic law.
5. Agencies and organizations shall organize road traffic law propagation and dissemination among officials, soldiers, civil servants, public employees and other laborers under their management.
Family members shall propagate, educate and remind other members to observe the road traffic law.
Article 8. Prohibited acts
1. Destroying roads, road bridges, tunnels and ferry landing stages, light signals, marker posts, signs, dome mirrors, median strips, water drainage systems and other works and equipment of road traffic infrastructure.
2. Illegally digging, drilling and cutting roads; illegally placing or erecting hurdles on roads; placing and spreading pointed objects, pouring lubricants on roads; illegally leaving materials, wastes and garbage on roads; illegally opening passages and linking to main roads; illegally encroaching, occupying or using land of roads and road safety corridors; opening manhole covers without permission, illegally dismantling, removing or falsifying road works.
3. Illegally using roadbeds, roadsides and pavements.
4. Putting motor vehicles and special-use machines which fail to satisfy technical safety and environmental protection criteria into operation on roads.
5. Changing the chassis, components and accessories of motor vehicles in order to temporarily achieve their technical criteria before taking them for inspection.
6. Taking part in, cheering or organizing illegal vehicle races, driving vehicles recklessly on crowded streets or in zigzags.
7. Operating a road motor vehicle while there is narcotic in the operator’s body.
8. Operating an automobile, tractor or special-use vehicle on the road while there is a concentration of alcohol in the operator’s blood or breath.
Operating a motorcycle or moped while there is a concentration of alcohol of over 50 milligrams per 100 milliliters of blood or 0.25 milligrams per 1 litter of breathed air.
9. Operating a motor vehicle without a driver license as prescribed.
Operating a special-use vehicle on the road without a certificate of training in knowledge about the road traffic law, a license or certificate of operation of special-use vehicle.
10. Assigning one’s motor vehicle or special-use vehicle to another person ineligible for operating vehicles in road traffic.
11. Operating a motor vehicle at a speed beyond the prescribed speed limit, recklessly passing or overtaking.
12. Honking and opening the throttle continuously; honking during the time from 22:00 hrs to 05:00 hrs, blowing the hoot, using driving lamps in urban and populous areas, except for priority vehicles moving on duty as provided for by this Law.
13. Fitting and using the horn and lamps at variance with the manufacturer design for each type of motor vehicles; using audible devices badly affecting traffic order and safety and public order.
14. Transporting goods banned from circulation, illegally transporting, or failing to fully observe regulations on transportation of, dangerous cargoes or wild animals.
15. Threatening, offending and fighting over passengers; compelling passengers to use services against their will; employing transshipment, disembarking passengers or committing other acts to evade detection of the carriage of cargoes or passengers in excess of prescribed limits.
16. Conducting commercial transportation by car when failing to meet all business conditions as prescribed.
17. Absconding after causing accidents in order to shirk responsibility.
18. Deliberately refusing to rescue victims of traffic accidents when having conditions to do so.
19. Infringing upon the lives, health and property of traffic accident victims and causers.
20. Taking advantage of traffic accidents to assault, intimidate, incite, pressure, foment disorder or obstruct the handling of traffic accidents.
21. Abusing one’s position, power or profession to breach the road traffic law.
22. Illegally manufacturing, using or buying or selling number plates of motor vehicles and special-use vehicles.
23. Acts of breaching road traffic rules and other acts endangering road users and vehicles in road traffic.
ROAD TRAFFIC RULES
Article 9. General rules
1. Road users shall keep to the right in their travel direction, move on the prescribed lane or road section and obey the road signal system.
2. The driver and persons sitting on the front seats of a car equipped with safety belts shall wear the safety belts.
Article 10. Road signal system
1. The road signal system includes instructions given by persons directing traffic; traffic light signals, road signs, road markings, marker posts or protection walls and barriers.
2. Instructions given by persons directing traffic:
a/ Arm raised upright constitutes a signal that road users approaching from any direction must stop;
b/ One or two arms outstretched horizontally constitutes a signal that road users in front of or behind the person directing traffic must stop while road users on the right and the left of the person directing traffic may proceed;
c/ Right arm outstretched to the front constitutes a signal that road users behind and on the right of the person directing traffic must stop; road users in front of the person directing traffic may turn right; road users on the left of the person directing traffic may proceed in all directions; and pedestrians crossing the road must walk behind the person directing traffic.
3. The traffic light signals are in three colors, each having the following meaning:
a/ A green light means proceed;
b/ A red light means stop;
c/ An amber light means stop behind the stop line, except for road users who have passed the stop line and may keep moving; in case of a flashing amber light signal, road users may proceed but shall slow down and give way to pedestrians;
4. Road signs are divided into 5 groups, with the meaning of each group as follows:
a/ Prohibitive signs indicate prohibitions;
b/ Danger warning signs warn dangerous circumstances likely to occur;
c/ Mandatory signs indicate instructions to be obeyed;
d/ Direction signs indicate traffic directions or necessary information;
e/ Additional panels additionally explain prohibitive signs, danger warning signs, mandatory signs or direction signs.
5. Road markings indicate the division of lanes, travel positions or directions, stop positions.
6. Marker posts or protection walls are erected at the edge of dangerous road sections to notify road users of the safety scope of the road foundation and of the road direction.
7. Barriers are erected at places where roads are narrowed, at bridge heads, sluice heads, no-entry roads, dead-end roads not open to vehicles and pedestrians, or at places where traffic should be controlled and supervised.
8. The Minister of Transport shall issue specific regulations on road signs.
Article 11. Compliance with road signals
1. Road users shall comply with instructions and indications of the road signal system.
2. When there are persons directing traffic, road users shall comply with their instructions.
3. Where there exist both a fixed sign and a temporary sign, road users shall comply with the instruction conveyed by the temporary sign.
4. At pedestrian crossings, operators shall observe, slow down and give way to pedestrians and wheelchairs of the disabled to cross the road.
At places where there is no pedestrian crossing, operators shall observe and, if seeing a pedestrian or a wheelchair of a disabled crossing the road, slow down and give way to the pedestrian or the wheelchair of the disabled to safely cross the road.
Article 12. Speed and distance between vehicles
1. Drivers and operators of special-use vehicles shall comply with regulations on the speed limits of vehicles moving on the roads and keep at a safe distance from a vehicle moving ahead; at places where there is a sign indicating the “minimum distance between two vehicles”, they shall keep at a distance not shorter than that indicated.
2. The Minister of Transport shall issue regulations on the speed limits of vehicles and the placement of speed limit signs; and organize the placement of speed limit signs along national highways.
3. Provincial-level People’s Committee presidents shall organize the placement of speed limits signs along locally managed roads.
Article 13. Use of lanes
1. On a road with many lanes in the same direction of traffic, distinguished from one another by the lane-dividing markings, operators shall keep their vehicles on one lane and may only change lanes at places where it is so permitted; when changing lane, they shall give signals indicating their intention and ensure safety.
2. On a one-way road with a lane-dividing marking, rudimentary vehicles shall keep to the right lane close to the edge of the road while motor vehicles and special-use vehicles move on the left lane.
3. Vehicles moving on the road at a lower speed shall keep to the right.
Article 14. Overtaking
1. Before overtaking a vehicle shall give a signal by means of light or horn; from 22.00 hrs to 05.00 hrs in urban centers and populous areas, only light signals can be used for this purpose.
2. The overtaking vehicle may overtake only where there is no obstacle ahead, no oncoming vehicle in the road section intended for overtaking and the vehicle ahead has not given a signal to overtake another and has moved toward the right side.
3. When there is a vehicle intending to overtake, if safety can be assured, the operator of the vehicle ahead shall slow down, move close to the right of the carriageway till the following vehicle has passed and may not cause obstructions to the overtaking vehicle.
4. When overtaking, a vehicle shall do so on the left side, except for the following cases where it can overtake on the right side:
a/ When the vehicle ahead has given a signal to turn left or is turning left;
b/ When a tram is running in the middle of the road;
c/ When a special-use vehicle is operating on the road, making overtaking on the left impossible.
5. Overtaking is forbidden in the following cases:
a/ The conditions prescribed in Clause 2 of this Article are not met;
b/ There is only a single line of vehicular traffic on a narrow bridge;
c/ On a bend, at the crest of a slope and at a place with insufficient visibility;
d/ At an intersection or a level crossing between a road and a railroad track;
e/ When weather conditions or road conditions do not ensure safe overtaking;
f/ A priority vehicle is emitting a priority signal.
Article 15. Change of direction
1. When wishing to change direction, the operator shall slow down and give a signal of the turning direction.
2. While changing direction, the driver or operator of a special-use vehicle shall allow pedestrians and bicycle riders moving on the road sections reserved for them to pass, give way to oncoming vehicles and shall change direction only when seeing that his/her vehicle does not obstruct or endanger people and other vehicles.
3. In residential areas, the driver may make U-turns only at intersections and places with a sign permitting U-turns.
4. It is prohibited to make U-turns at road sections reserved for pedestrians to cross, on bridges, at bridge heads, under flyovers, at undergrounds, in road tunnels, on expressways, at level crossings between a road and a railroad track, on narrow roads, steep roads or on bends with insufficient visibility.
Article 16. Reversing
1. When reversing his/her vehicle, the operator shall observe behind, give a necessary signal and may reverse only when realizing no danger.
2. It is forbidden to reverse in areas where reversing is prohibited, on road sections reserved for pedestrians to cross, at intersections or level crossings between a road and a railroad track, at places with insufficient visibility, in road tunnels or on expressways.
Article 17. Passing of oncoming traffic
1. On a road which is not divided into two separate directions of traffic, when passing an oncoming vehicle, the operator shall slow down and move to the right along his/her direction of traffic.
2. Cases of giving way when passing an oncoming vehicle:
a/ At a narrow road section which permits only one vehicle to move and where a lay-by is available, the vehicle which is closer to the lay-by shall pull in to the lay-by, allowing the other vehicle to pass;
b/ The vehicle moving downhill shall allow the vehicle moving uphill to pass;
c/ The vehicle facing an obstruction ahead shall allow the other vehicle to pass.
3. When passing each other, two motor vehicles moving in the opposite directions may not use the driving lamp.
Article 18. Standing and parking on roads
1. Standing vehicle is a vehicle that is stationary for the time needed to pick up or set down persons or to load or unload goods or to do other things.
2. Parked vehicle is a vehicle that is stationary for an unlimited time.
3. When standing or parking his/her vehicle on a road, the operator shall comply with the following provisions:
a/ To give a signal to operators of other vehicles;
b/ To stand or park his/her vehicle at places with large roadsides or on land plots outside the carriageway; where the roadside is narrow or not available, to stand or park the vehicle close to the right edge of the carriage along the direction of traffic;
c/ Where a car stop or a parking lot has been built or designated, to stand or park the vehicle at such place;
d/ After parking the vehicle, the operator may leave the vehicle only after taking safety measures, if the parked vehicle occupies part of the carriageway, the operator shall place danger warning signs in front of and behind the vehicle for the operators of other vehicles to notice;
e/ Not to open the door of the vehicle or leave it open or alight from the vehicle when safety conditions are not assured;
f/ When standing the vehicle, not to shut down the engine and leave the driving seat;
g/ The vehicle parked on a steep road must have its wheels chocked.
4. It is forbidden to stand or park a vehicle at the following positions:
a/ On the left side of one-way carriages;
b/ On bends and close the crests of slopes with insufficient visibility;
c/ On bridges, under flyovers;
d/ In parallel with another standing or parked vehicle;
e/ On pedestrian crossings;
f/ At an intersections and within 5 meters from the edge of the intersection;
g/ At bus stops;
h/ In front of and within 5 meters from both sides of the entrances of offices of agencies or organizations;
i/ At road sections wide enough for only line of traffic;
j/ Within railroad tracks’ safety areas;
k/ At places where the vehicle would conceal road signs.
Article 19. Standing and parking on streets
When standing or parking his/her vehicle on street, the operator shall comply with the provisions of Article 18 of this Law and the following provisions:
1. To stand or park the vehicle close to the right kerb or pavement of the street along the direction of traffic, with the distance between the nearest wheel and the kerb or pavement not exceeding 0.25 m and without obstructing or endangering traffic. In narrow streets, to stand or park the vehicle at positions at least 20 meters away from the vehicle parked on the other side.
2. Not to stand or park the vehicle on tramways, on manholes of water drainage sewers, or openings of telephone or high-voltage electricity trenches or places exclusively reserved for fire engines to get water. Not to leave the vehicle on roadbed or pavement in contravention of regulations.
Article 20. Loading of cargoes on vehicles
1. Cargoes loaded on a vehicle must be neatly arranged and firmly fastened, must not fall on to the road, and must not be trailed on the road and affect the driving of the vehicle.
2. Loaded cargoes projecting beyond the front or rear of the vehicle must be marked with a red flag by daytime or a red light at night or when it is dark.
3. The Minister of Transport shall issue specific regulations on the loading of cargoes on road vehicles.
Article 21. Carriage of persons on cargo vehicles
1. Persons may only be carried on cargo vehicles in the following cases:
a/ Carrying persons to perform natural disaster prevention and combat tasks or urgent tasks; carrying people’s armed force officers and soldiers to perform their duties; carrying victims to hospital;
b/ Carrying road maintenance and repair workers; carrying learner drivers on driving practice cars; carrying persons forming a procession;
c/ Evacuating persons out of dangerous areas or in other cases of emergency as prescribed by law.
2. Vehicles carrying persons in the cases specified in Clause 1 of this Article must have a fixed trunk, ensuring traffic safety.
Article 22. Priority rights of a number of vehicles
1. The following vehicles have the priority right to go before other vehicles when passing intersections from any direction of traffic in the following order:
a/ Fire engines traveling on duty;
b/ Military vehicles and police vehicles on urgent duty; motorcades led by police cars;
c/ Ambulances on duty;
d/ Dike-watch vehicles, vehicles employed in overcoming natural disasters or epidemics or in a state of emergency as prescribed by law;
e/ Funeral vehicle processions.
2. Vehicles specified at Points a, b, c and d of Clause 1, this Article, when traveling on duty, shall give signals by means of horn, banner and light according to regulations; are not restricted in speed; may enter one-way roads from the opposite direction and other roads open to traffic, even go through the red light, and must only follow the instructions of persons directing traffic.
The Government shall issue specific regulations on signals of priority vehicles.
3. When recognizing the signals of priority vehicles, road users shall promptly slow down, give way or pull in to the right edge of the carriageway to give way. They may not obstruct priority vehicles.
Article 23. Crossing by ferry boat and pontoon bridge
1. When reaching a ferry landing stage or pontoon bridge, vehicles must line up at the prescribed place without obstructing traffic.
2. When a vehicle embarks, is on board and disembarks a ferry boat, all passengers shall alight from the vehicle, except operators of motor vehicles or special-use vehicles, sick people, old people and disabled people.
3. Motor vehicles and special-use vehicles will be the first to embark a ferry boat, followed by rudimentary vehicles and people; when disembarking a ferry boat, people will come up first, then vehicles under the guidance of persons directing traffic.
4. Priority order for crossing by ferry boat or pontoon bridge:
a/ Priority vehicles specified in Clause 1, Article 22 of this Law;
b/ Mail vans;
c/ Fresh and raw foodstuff trucks;
d/ Public passenger cars.
When many priority vehicles of the same kind concurrently arrive at a ferry landing stage or pontoon bridge, the vehicle which arrives first is entitled to cross first.
Article 24. Giving way at intersections
When approaching an intersection, the operator of a vehicle shall slow down and give way according to the following provisions:
1. At an intersection without signals to move around the roundabout, to give way to vehicles approaching from the right;
2. At an intersection with signals to move around the roundabout, to give way to vehicles approaching from the left;
3. At an intersection between a priority road and a non-priority road or between a feeder road and a main road, the vehicle coming from the non-priority road or the feeder road must give way to the vehicle moving on the priority road or the main road from any direction of traffic.
Article 25. Traveling on level-crossings between roads and railroad tracks or bridges with railroad tracks
1. At a level crossing between a road and a railroad track or a bridge with a railroad track, the rail-borne vehicle has the priority right to go first.
2. At a level crossing between a road and a railroad track which is equipped with light signals, barriers and signaling bell, when the red light is on, signaling bell ringing or the barriers moving or closed, road users shall stop on their road section at a safe distance from the barriers; they may cross only when the red light is off, the barriers are fully opened and the signaling bell stops ringing.
3. At a level crossing between a road and a railroad track which is equipped with light signals or signaling bell only, when the red light is on or signaling bell ringing, road users shall stop at a distance of at least 5 meters from the nearest track; they may cross only when the red light is off or the signaling bell stops ringing.
4. At a level crossing between a road and a railroad track which is equipped with no light signals, barriers and signaling bell, road users shall look both sides and cross only if they ascertain that no rail-borne vehicle is approaching; if seeing that a rail-borne vehicle is approaching, they shall stop at a distance of at least 5 meters from the nearest track and may cross only when the rail-borne vehicle has passed.
5. When a vehicle breaks down right at a level crossing between a road and a railroad track or within the railroad safety area, its operator shall by all fastest ways place signals on the railroad track at least 500 meters on the both sides of the vehicle in order to warn the operators of rail-borne vehicles and seek ways to report such to the nearest railroad or station manager, and at the same time take every measure to move the vehicle off the railroad safety area as soon as possible.
6. Those who are present at the place where a vehicle breaks down at a level crossing between a road and a railroad track have the duty to help the operator move the vehicle off the railroad safety area.
Article 26. Traffic on expressways
1. Drivers and operators of special-use vehicles traveling on expressways, apart from complying with traffic rules provided in this Law, shall also observe the following provisions:
a/ When entering an expressway, to give signals indicating the intention to do so and give way to vehicles traveling on the expressway, only when making sure that it is safe can they join in the traffic lane on the lane close to the edge of the expressway; if there is an acceleration lane, they shall use it before moving into the expressway lane;
b/ When exiting an expressway, to move gradually to the right lane, if there is a deceleration lane, they shall enter such lane before leaving the expressway;
c/ Do not move on the emergency-stop lane or the verge;
d/ Do not move beyond the maximum speed and below the minimum speed, which are indicated on the road signs or painted road markings.
2. Drivers or operators of special-use vehicles shall keep at a safe distance from one another as indicated on the road signs.
3. To stand or park their vehicles only at the prescribed places; where they are compelled to stand or park their vehicles outside the prescribed places, the drivers shall move their vehicles off the carriageway; if unable to do so, they shall give signals to the drivers of other vehicles.
4. Pedestrians, rudimentary vehicles, motorcycles, mopeds and tractors; and special-use vehicles with a design speed of less than 70 km/h may not enter expressways, except persons, vehicles and equipment used for expressway administration and maintenance.
Article 27. Traffic in road tunnels
Operators of vehicles traveling in road tunnels, apart from complying with traffic rules provided in this Law, shall also observe the following provisions:
1. Motor vehicles and special-use vehicles must switch on their lamps and rudimentary vehicles must switch on their lamps or carry luminous signal devices;
2. They may only stand and park their vehicles at prescribed places.
Article 28. Load-bearing capacity and size limits of roads
1. Operators shall comply with regulations on load-bearing capacity and size limits of roads and submit to the inspection by competent agencies.
2. In special cases, vehicles which are overloaded or oversized beyond the size limits of roads and caterpillars which damage road surface may operate on the roads provided that they obtain permits of road administration agencies and take compulsory measures to protect roads and ensure traffic safety.
3. The Minister of Transport shall issue regulations on the load-bearing capacity and size limits of roads, publicize the load-bearing and size limits of national highways; prescribe the grant of permits for overloaded and oversized vehicles and road surface- damaging caterpillars.
4. Provincial-level People’s Committee presidents shall publicize the load-bearing capacity and size limits of locally managed roads.
Article 29. Vehicles pulling vehicles or trailers
1. An automobile may only pull another automobile or special-use vehicle when the latter cannot move on its own and must comply with the following provisions:
a/ The pulled automobile must have an operator and its steering system must still be effective;
b/ The coupling with the pulled automobile must be secure and safe; if the brake system of the pulled automobile is no longer effective, the pulling and the pulled automobile must be coupled by a hard rod;
c/ There must be signs at the front of the pulling automobile and the rear of the pulled automobile.
2. An automobile pulling a trailer must have its total mass bigger than that of the trailer or must have a brake system effective for trailers.
3. The following acts are prohibited:
a/ An automobile pulling a trailer or semi-trailer coupled with another trailer or automobile;
b/ Carrying people on the pulled automobile;
c/ Pulling a rudimentary vehicle, motorcycle or moped.
Article 30. Operators of and passengers on motorcycles and mopeds
1. The operator of a motorcycle or moped may carry only one person, except for the following cases in which carrying two persons at most is permitted:
a/ Carrying sick persons for emergency medical treatment;
b/ Escorting a person who has committed an illegal act;
c/ Carrying children under 14 years of age.
2. The operators and passengers of motorcycles, three-wheeled motor vehicles or mopeds shall wear safety helmets, properly fastening their chin straps.
3. Operators of motorcycles, three-wheeled motor vehicles or mopeds are prohibited from:
a/ Traveling abreast;
b/ Traveling in road sections reserved for pedestrians and other vehicles;
c/ Using umbrellas, mobile phones and audible devices, except hearing aids;
d/ Pulling and pushing other vehicles or objects, and carrying bulky objects;
e/ Operating the vehicle without holding the handlebars or on one wheel, for two-wheeled vehicles, or on two wheels, for three-wheeled vehicles;
f/ Other acts badly affecting traffic order and safety.
4. Passengers of motorcycles, three-wheeled motor vehicles or mopeds in traffic are prohibited from:
a/ Carrying bulky objects;
b/ Using umbrellas;
c/ Clinging to, pulling or pushing other vehicles;
d/ Standing on the saddle or pillion, or sitting on the handlebars;
e/ Other acts baldy affecting traffic order and safety.
Article 31. Riders of and passengers on bicycles, operators of other rudimentary vehicles
1. Bicycle riders may carry only one person or two persons including an under-7 child.
Bicycle riders shall comply with the provisions of Clause 3, Article 30 of this Law; passengers on bicycles traveling on the roads shall comply with the provisions of Clause 4, Article 30 of this Law.
2. Operators of and passengers on motor bicycles shall wear safety helmets, properly fastening their chin straps.
3. Operators of other rudimentary vehicles may not travel two or more abreast, shall travel on the lane reserved for rudimentary vehicles, if such lane is available; when traveling at night, these vehicles must have signals at their front and rear. Operators of animal-drawn carts shall take measures to ensure public sanitation.
4. Goods loaded on rudimentary vehicles must ensure safety, without obstructing traffic and the operator’s view.
Article 32. Pedestrians
1. Pedestrians shall use pavements or verges; where pavements and verges are not available, they shall walk close to the edge of a road.
2. Pedestrians may cross a road at places where there are light signals, road markings or flyovers or tunnels reserved for pedestrians, and shall comply with the instructions given by such lights.
3. At places where light signals, road markings, flyovers or tunnels reserved for pedestrians are not available, pedestrians, before crossing a road, shall watch approaching vehicles, may cross the road when it is safe and shall take responsibility to ensure safe crossing.
4. Pedestrians may not walk over the median strip and cling to moving vehicles; if carrying bulky objects, they shall ensure safety and no obstruction to road users and vehicles in traffic.
5. Children under 7 years, when crossing an urban street or a road with regular vehicular traffic, must be led by adults; everyone has the duty to help children under 7 years cross roads.
Article 33. Disabled, old road-users
1. Disabled persons traveling in wheel chairs propelled by themselves may travel on pavements and marked pedestrian crossings.
2. Visually handicapped persons, when traveling on roads, must be led by other persons or have a device to signal other persons that they are visually handicapped.
3. Everyone has the duty to assist disabled persons and old persons in crossing roads.
Article 34. Persons guiding animals on roads
1. Persons guiding animals on roads shall keep them close to the edge of the carriageway and ensure road sanitation; if they need to lead the animals to cross a road, they shall watch out traffic and may only guide them cross the road when it is safe.
2. It is forbidden to guide animals go on road sections reserved for motor vehicles.
Article 35. Other activities on roads
1. The organization of cultural and sport activities, processions, festivals on roads must comply with the following provisions:
a/ Agencies or organizations wishing to use roads for cultural and sport activities, processions or festivals shall obtain written agreement of competent road administration agencies on traffic assurance plans before applying for permits to organize these activities in accordance with law;
b/ When necessary to restrict traffic on or close a road, the road administration agency shall issue announcements on traffic directions; agencies or organizations mentioned at Point a, Clause 1 of this Article shall organize the publication of these announcements on the mass media and take measures to ensure order and safety for road users and vehicles in traffic;
c/ The People’s Committees of localities where cultural sports activities, processions or festivals are organized shall direct local functional agencies to organize and ensure safe traffic in areas where these activities are organized.
2. The following acts are prohibited:
a/ Holding markets, buying and selling goods on roads;
b/ Illegally gathering people on roads;
c/ Leaving animals unattended on roads;
d/ Drying paddy, rice stock and straw, agricultural products and other objects on roads;
e/ Placing advertisement billboards on road land;
f/ Installing boards, advertisement billboards or other equipment distracting road user attention to, and misleading the meanings of, road signs, or obstructing road users;
g/ Concealing road signs and traffic light signals;
h/ Using skateboards or roller-skates or similar equipment on the carriageways;
i/ Other acts obstructing traffic.
Article 36. Use of streets and other activities on streets
1. Roadbeds and pavements are used only for traffic purposes;
2. Other activities on streets must comply with Clause 1, Article 35 of this Law; in special cases, temporary use of parts of roadbeds and pavements for other purposes is subject to regulations of provincial-level People’s Committees and must not affect traffic order and safety.
3. The following acts are prohibited:
a/ Acts specified in Clause 2, Article 35 of this Law;
b/ Dumping garbage or wastes not at prescribed places;
c/ Illegally building or placing platforms or stands on streets.
Article 37. Organization of traffic and direction of traffic
1. Organization of traffic covers the following contents:
a/ Dividing lanes, flows and routes and prescribing travel time for people and road vehicles;
b/ Stipulating no-entry road sections, one-way roads, no-standing, no-parking and no-U-turn places; installing road signs;
c/ Announcing temporary or permanent changes in lane or route division and traffic time; taking measures in response to incidents and other road traffic measures to ensure uninterrupted and safe traffic.
2. Responsibility to organize traffic:
a/ The Minister of Transport shall organize traffic on the national highway system;
b/ Provincial-level People’s Committee presidents shall organize traffic on the road systems under their management.
3. Traffic police’s responsibility to direct traffic:
a/ To instruct and direct traffic on roads; guide or compel road users to observe traffic rules;
b/ Upon the occurrence of circumstances which cause traffic jams or other urgent requirements to ensure security and order, to suspend traffic on certain road sections, re-arrange traffic flows or routes and temporary standing and parking places.
Article 38. Responsibilities of individuals, agencies and organizations when traffic accidents occur
1. Operators and persons directly involved in a traffic accident shall:
a/ Immediately stop their vehicles; keep unchanged the conditions at the site of the accident; give first aid to the victims and show up at the request of competent agencies;
b/ Remain on the scene of the accident until the arrival of the police, except for cases in which the operator has also been injured and must be carried for emergency medical treatment or has to carry the victim for emergency medical treatment or his/ her life is threatened, but shall later report himself/ herself to the nearest police office;
c/ Provide true information on the accident to competent agencies.
2. Persons present at the place where an accident occurs have the following responsibilities:
a/ Protect the scene;
b/ Provide timely assistance and medical treatment to the victims;
c/ Immediately report to the nearest police office, health agency or People’s Committee;
d/ Protect the victims’ property;
e/ Provide true information on the accident at the request of competent agencies.
3. Operators of other vehicles, when passing the places of accidents, have the responsibility to carry the victims for emergency medical treatment. Priority vehicles and vehicles carrying persons entitled to diplomatic privileges and immunities are not compelled to comply with this Clause.
4. Upon receiving a report on an accident, the police office shall promptly send police officers to the scene to investigate the accident and collaborate with the road administration and local People’s Committee to ensure uninterrupted and safe traffic.
5. The commune-level People’s Committee of the place where an accidents occurs shall promptly inform the police office and health agency of the accident for handling the accident; organize the treatment and assistance of the victims, the protection of the scene and the victims’ property; in case the victim dies and his/her identity is unknown or he/ she has no relatives or his/her relatives cannot afford his/her burial, after competent state agencies have completed all work as prescribed by law and permitted the burial, the commune-level People’s Committee shall organize the burial.
For an accident falling beyond its ability, the commune-level People’s Committee shall report it to the higher-level People’s Committee
6. The Ministry of Public Security shall make statistics, sum up and develop a database on road traffic accidents and make it accessible to agencies, organizations and individuals in accordance with law.
ROAD INFRASTRUCTURE FACILITIES
Article 39. Road classification
1. The road network consists of six systems, including national highways, provincial roads, district roads, communal roads, urban roads and special-use roads, which are prescribed as follows:
a/ National highways are roads connecting Hanoi capital with provincial-level administrative centers; roads connecting provincial-level administrative centers of three or more localities; road connecting an international seaport or airport to international border gates or major border gates; roads especially important to local or regional socio-economic development;
b/ Provincial roads are roads connecting provincial-level administrative centers with administrative centers of districts or adjacent provinces; roads important to provincial socio-economic development;
c/ District roads are roads connecting administrative centers of districts with administrative centers of communes, commune clusters or adjacent districts; roads important to district socio-economic development;
d/ Commune roads are roads connecting administrative centers of communes with villages and hamlets or equivalent units or connecting adjacent communes; roads important to commune socio-economic development;
e/ Urban roads are roads within the administrative boundaries of inner cities;
f/ Special-use roads are roads exclusively used for the transportation and travel of one or more than one agency, organization or individual.
2. The competence to classify and adjust road systems is prescribed below:
a/ The Minister of Transport shall decide on the national highway system;
b/ Provincial-level People’s Committee presidents shall decide on systems of provincial roads and urban roads after reaching agreement with the Ministry of Transport (for provincial roads) or the Ministry of Transport and the Ministry of Construction (for urban roads);
c/ District-level People’s Committee presidents shall decide on systems of district roads and commune roads after obtaining the approval of provincial-level People’s Committee presidents;
d/ Agencies, organizations and individuals with special-use roads shall decide on systems of special-use roads after obtaining written consent of the Minister of Transport, for special-use roads linking with national highways; written consent of provincial-level People’s Committee presidents, for special-use roads linking with provincial roads, urban roads or district roads; or written consent of district-level People’s Committee presidents, for special-use roads linking with commune roads.
Article 40. Naming and numbering of roads
1. Roads shall be named or numbered as follows:
a/ Roads may be named after well-known persons, persons with merits to the country or historical or cultural relics or events and place names or by naming practice; roads may be numbered using natural numbers added with a letter, when necessary; if the name of an urban road is identical to that of a national highway, both the name of the urban road and the name and number of the national way can be used;
b/ The names and numbers of roads forming part of a regional or international road network shall be given according to agreements between Vietnam and concerned countries. For roads connected with a regional or international road network, both of their domestic and regional or international names and numbers can he used.
2. The naming and numbering of roads shall be decided by agencies with road-classifying competence; particularly for urban and provincial roads, their naming shall be decided by provincial-level People’s Councils at the proposal of the People’s Committees of the same level.
3. The Government shall issue specific regulations on the naming and numbering of roads.
Article 41. Road technical standards
1. Roads are technically graded into expressways and roads of other technical grades.
2. Newly built roads must satisfy technical standards of their relevant grade; roads currently in use but not yet graded shall be renovated and upgraded to reach technical standards of relevant grades; special-use roads must also have their own standards prescribed by law.
3. Responsibilities of ministries are defined as follows:
a/ The Ministry of Transport shall formulate, and guide the implementation of, technical standards of roads of all grades;
b/ The Ministry of Science and Technology shall promulgate national technical standards for roads of all grades.
4. The application of foreign technical standards to roads is subject to approval of competent state management agencies.
Article 42. Land funds reserved for road infrastructure facilities
1. Land funds for road infrastructure facilities shall be determined in road infrastructure plannings. Provincial-level People’s Committees shall determine and manage land funds reserved for road infrastructure construction projects according to the approved planning.
2. The proportion of land for urban traffic to urban construction land must be between 16% and 26%. The Government shall prescribe specific land proportions suitable to each type of urban centers.
Article 43. Land areas reserved for roads
1. A land area reserved for a road includes the land for such road and the road safety corridor.
2. Within a land area reserved for a road, it is strictly forbidden to build other works, except for a number of essential projects which cannot be built outside such area, provided that permission of competent agencies is obtained, including defense and security works, road administration and exploitation works, telecommunications and electricity works, water supply and drainage, petrol, oil and gas pipelines.
3. Within a road safety corridor, in addition to complying with Clause 2 of this Article, the road safety corridor land may be temporarily used for agricultural and advertisement purposes without affecting road work and traffic safety. The erection of advertisement billboards within the road safety corridor is subject to written approval of road administration agencies.
4. Current users of law-recognized land areas within the road safety corridor may continue using these land areas for already identified purposes without impeding the safe protection of road works.
If such land use affects the safe protection of road works, land users and work owners shall take measures to redress the problem; otherwise the State will recover the land areas and pay compensations under law.
5. The Government shall issue specific regulations on land areas reserved for roads, the use and exploitation of road safety corridor land, and the construction of essential works within land areas reserved for roads.
Article 44. Assurance of technical requirements and traffic safety of road works
1. Newly built, upgraded or renovated road works must ensure technical standards and conditions on traffic safety for road users and vehicles in traffic, including pedestrians and disabled people. Urban roads must have pavements, road sections, flyovers and tunnels and traffic organized for pedestrians and disabled people to travel safely and conveniently.
2. Road works must be appraised in terms of traffic safety from the time of project elaboration, designing and construction and throughout the use process. Investment deciders and investors shall take into account traffic safety appraisal results for additional approval of projects.
3. Urban centers, industrial parks, economic zones, residential areas, commercial and service quarters and other works must have collector road systems built outside the road safety corridor; and ensure a distance from national highways as stipulated by the Government.
4. Road connection is provided as follows:
a/ Collector roads must be connected to branch roads, if branch roads are available;
b/ If branch roads or collector roads are to be directly connected to the main road, their connection points must be permitted by a competent road state administration agency right at the stage of project formulation and designing;
c/ The connection of paths from urban centers, industrial parks, economic zones, residential areas, commercial and service quarters and other works to roads must comply with regulations of the Minister of Transport.
5. Along with highway sections running through residential areas, there must be collector roads to serve people’s daily-life activities.
Article 45. Road sign works
1. Road sign works include:
a/ Traffic light signals:
c/ Marker posts, barriers or protection fences;
d/ Road markings;
f/ Other sign works.
2. Before being put into use, roads must be fully equipped with road sign works according to the approved designs.
3. It is prohibited to affix to road sign works any objects not related to the meanings and purposes of road sign works.
Article 46. Investment in construction and exploitation of road infrastructure facilities
1. Investment in the construction of road infrastructure facilities is investment in the construction, upgrading and renovation of road infrastructure facilities.
2. Investment in the construction of road infrastructure facilities must be in line with the road transportation planning already approved by competent authorities; comply with the process of investment and construction management and other legal provisions; and ensure technical standards of different grades of roads, landscape and environmental protection.
3. Vietnamese and foreign organizations and individuals may invest in the construction and commercial operation of road infrastructure facilities in accordance with law.
4. Competent People’s Committees shall assume the prime responsibility for ground clearance according to land recovery decisions of competent state agencies and create favorable conditions for organizations and individuals to invest in the construction and commercial operation of road infrastructure facilities.
5. Road infrastructure facilities, once constructed, upgraded or renovated, must be checked by competent agencies before it can be put into use.
Article 47. Construction of works on road currently in use
1. The construction of works on roads currently in use may be carried out only after permits of competent state agencies are obtained and must be in line with such permits and the law on construction.
2. In the course of construction, construction units shall put up signs and temporary fences at construction sites and take measures to ensure uninterrupted and safe traffic.
3. The construction or works on urban roads must comply with the provisions of Clauses 1 and 2 of this Article and the following provisions:
a/ Road digging may only be permitted for repairing works or building new technical tunnels along or across roads but according to annual plans which have been consented by the road administration agency, except for unexpected cases;
b/ There must be construction plans and schedules suitable to the characteristics of each street to ensure no traffic congestion;
c/ Upon the completion of construction, the road must be restored to its original conditions; for underground works, a dossier on construction completion must be compiled and handed over to the road administration agency.
4. Construction units shall take responsibility before law for failure to take measures to ensure uninterrupted and safe traffic according to regulations, for the occurrence of traffic accidents, traffic jams or serious environmental pollution.
Article 48. Road administration and maintenance
1. Road maintenance means activities of maintaining and repairing roads in order to preserve technical standards of roads currently in use.
2. Roads, after being put into use, must be administered and maintained as follows:
a/ Monitoring of the conditions of road works; organization of traffic; examination and inspection of the protection of road infrastructure facilities;
b/ Regular maintenance and regular and irregular repair.
3. Road administration and maintenance responsibilities are defined as follows:
a/ The Ministry of Transport is responsible for the national highway system;
b/ Provincial-level People’s Committees are responsible for the systems of provincial roads and urban roads. The administration and maintenance of systems of district and commune roads shall be prescribed by provincial-level People’s Committees;
c/ Special-use roads and roads not under state management and exploitation and roads built with non-state budget funding sources shall be administered and maintained by investors according to regulations.
4. The Minister of Transport shall issue regulations on road administration and maintenance.
Article 49. Financial sources for road administration and maintenance
1. Fundings for the administration and maintenance of national highways and local roads come from road maintenance funds.
Fundings for the administration and maintenance of special-use roads and roads not under state management and exploitation and roads built with non-state budget funding sources are covered by their administration and exploitation organizations and individuals.
2. Road maintenance funds shall be formed from the following sources:
a/ Annual state budget allocations;
b/ Revenue sources related to road use and other revenue sources as prescribed by law.
3. The Government shall issue specific regulations on the setting up, management and use of road maintenance funds at central and local levels.
Article 50. Building of level crossings between roads and railroad tracks
The construction of level crossings between roads and railroad tracks is subject to permission of competent state agencies, and must have designs which ensure technical standards and traffic safety conditions and have been approved by competent state agencies according to regulations of the Minister of Transport.
Article 51. Car terminals, parking lots, roadside service stations, vehicle mass inspection stations and road toll stations
1. In urban centers, the construction of working offices, schools, hospitals, trade and service centers, cultural centers and residential quarters must include the construction of parking lots suitable to the works’ sizes.
2. Car terminals, parking lots and roadside service stations must be built according to plannings already approved by competent state agencies, and must ensure technical standards.
3. Toll stations, where tolls for vehicles operating on the roads are collected, shall be built according to plannings or investment projects approved by competent sate agencies. Toll stations’ operations must ensure uninterrupted and safe traffic.
4. Vehicle mass inspection stations, where road administration agencies collect information on, analyze and assess the impacts of vehicle mass and size limits on road safety; inspect and handle violations of vehicles with sizes and mass in excess of the permitted size limits of roads, and caterpillars traveling on roads, shall be built according to a master plan elaborated by the Ministry of Transport and approved by the Prime Minister.
In case of necessity to protect road infrastructure facilities, the Minister of Transport shall decide on setting up temporary vehicle mass inspection stations.
5. The Minister of Transport shall issue regulations on technical specifications of car terminals, parking lots, roadside service stations, toll stations and vehicle mass inspection stations; and on the organization and operation of toll stations and vehicle mass inspection stations.
Article 52. Protection of road infrastructure facilities
1. Protection of road traffic infrastructure facilities covers ensuring safety and use life of road works and taking measures to prevent, stop and handle acts of illegally infringing upon road infrastructure facilities.
The protected area of road infrastructure facilities covers land areas of roads, road safety corridors, the space over and the subterranean and underwater spaces related to road work and traffic safety.
2. Organizations and individuals licensed to construct, renovate, expand and maintain works and carry out other activities within the protected area of road infrastructure facilities shall carry out these activities in accordance with law.
3. Road work administration units shall ensure works’ technical safety and take joint responsibility for traffic accidents occurring due to the quality of works under their administration; if detecting that road works are damaged or at risk of endangering traffic, they shall promptly repair them, and take measures to prevent, combat and promptly remedy consequences caused to road works by natural disasters.
4. Road infrastructure facility protection responsibilities are defined as follows:
a/ The Ministry of Transport shall organize and guide the road infrastructure facility protection; examine and inspect the implementation of the law on road infrastructure facility administration and protection;
b/ The Ministry of Public Security shall direct and guide the police in examining and handling violations of the law on road infrastructure facility protection according to its competence;
c/ The People’s Committees at all levels shall organize the protection of road infrastructure facilities in their localities; and protect road safety corridors in accordance with law;
d/ Ministries and ministerial-level agencies shall, within the scope of their respective tasks and powers, join in protecting road infrastructure facilities;
e/ The Government shall stipulate the coordination among ministries, ministerial-level agencies and People’s Committees in protecting road infrastructure facilities.
5. Those who detect that road works are damaged or infringed upon or road safety corridors are illegally occupied shall promptly report such to the nearest People’s Committees, road administration agencies or police offices for handling; in case of necessity, they shall take measures to notify road users thereof. Upon receiving reports, responsible agencies shall quickly take remedial measures to ensure uninterrupted and safe traffic.
VEHICLES JOINING IN ROAD TRAFFIC
Article 53. Conditions for motor vehicles to join in road traffic
1. Automobiles of proper types allowed to join in road traffic must satisfy the following quality, technical safety and environmental protection criteria:
a/ Being equipped with an effective brake system;
b/ Being fitted with an effective steering system;
c/ The steering wheel is on the left side of the automobile; for a foreigner’s overseas-registered automobile with a right-handed steering wheel, to join in road traffic in Vietnam, it must comply with the Government’s regulations;
d/ Being fully equipped with driving and passing lamps, registration plate lamp, stop lamp and signal lamps;
e/ Having the wheels fitted with pneumatic tires of the right size and right technical standards for each type of automobile;
f/ Having sufficient rear-view mirrors and other equipment and devices to ensure the operator’s visibility;
g/ Having the windscreen and windows made of safety glass;
h/ Having a horn of standard volume;
i/ Being fully equipped with an exhaust silencer, an exhaust pipe and other equipment and devices to ensure exhaust gas and noise up to environmental standards;
j/ Their structures are durable enough and ensure stable operation.
2. Motorcycles, three-wheeled motor vehicles and mopeds of right types allowed to join in road traffic must satisfy the quality, technical safely and environmental protection standards prescribed at Points a, b, d , e, f, h, i and j, Clause 1 of this Article.
3. Motor vehicles must have registration papers and number plates, granted by competent state bodies.
4. The Government shall stipulate the use life limits of motor vehicles.
5. The Minister of Transport shall prescribe quality, technical safety and environmental protection standards of motor vehicles permitted to join in road traffic, except for army and police motor vehicles used for defense and security purposes.
Article 54. Grant and withdrawal of registration papers and number plates of motor vehicles
1. Motor vehicles of lawful origin and satisfying the quality, technical safety and environmental protection standards under this Law will be granted registration papers and number plates by competent state agencies.
2. The Minister of Public Security shall stipulate and organize the grant of registration papers and number plates for motor vehicles of all kinds; the Minister of Defense shall stipulate and organize the grant of registration papers and number plates for army motor vehicles used for defense purposes.
Article 55. Assurance of quality, technical safety and environmental protection standards of motor vehicles joining in road traffic
1. The manufacture, assembly, modification, repair, maintenance and import of motor vehicles to join in road traffic must comply with regulations on quality, technical safety and environmental protection standards. It is strictly forbidden to transform automobiles of other types into passenger cars.
2. Owners of vehicles may not alter the structure, components or systems of their motor vehicles against the manufacturer designs or modification designs already approved by competent agencies.
3. Automobiles and trailers or semi-trailers pulled by automobiles joining in road traffic must be periodically inspected in terms of technical safety and environmental protection (below referred to as inspection).
4. The heads of register units and persons directly conducting inspection shall take responsibility for the confirmation of inspection results.
5. Vehicle owners and drivers shall maintain the technical status of their vehicles joining in road traffic according to the prescribed standards between two inspections.
6. The Minister of Transport shall stipulate conditions, standards for and grant of permits to motor vehicle register units; and stipulate and organize the inspection of motor vehicles. The Minister of Defense and the Minister of Public Security shall stipulate and organize the inspection of army and police motor vehicles used for defense and security purposes.
Article 56. Conditions for rudimentary vehicles to join in traffic
1. When joining in traffic, rudimentary vehicles of all kinds must satisfy the conditions on road traffic safety.
2. Provincial-level People’s Committees shall specify the operation conditions and scope of rudimentary vehicles in their localities.
Article 57. Conditions for special-use vehicles to join in traffic
1. Satisfying the following quality, technical safety and environmental protection criteria:
a/ Having an effective brake system;
b/ Having an effective steering system;
c/ Having lamps;
d/ Ensuring the operator’s visibility;
e/ Special-use parts must be fitted firmly at right positions, ensuring safety while traveling;
f/ Ensuring exhaust gas and noise according to environmental standards;
2. Having a registration paper and number plate granted by competent state agencies.
3. Operating within the prescribed area, ensuring safety for people, vehicles and road works while traveling.
4. The manufacture, assembly, modification, repair and import of special-use vehicles must comply with regulations on quality, technical safety and environmental protection.
5. The owners and operators of special-use vehicles shall maintain the technical safety conditions and have them inspected as prescribed for special-use vehicles in road traffic.
6. The Minister of Transport shall issue specific regulations on quality, technical safety and environmental protection, the grant and withdrawal of registration papers and number plates; determine a list of special-use vehicles subject to inspection and organize the inspection; the Minister of Defense and the Minister of Public Security shall stipulate and organize the grant and withdrawal of registration papers and number plates and the inspection of army and police special-use vehicles used for defense and security purposes.
OPERATORS OF VEHICLES JOINING IN ROAD TRAFFIC
Article 58. Conditions for drivers of vehicles to join in traffic
1. Drivers of vehicles to join in traffic must be of the age and in good health as prescribed in Article 60 of this Law, and proper driver licenses for the types of vehicle they are permitted to operate, which are granted by competent state agencies.
Learner drivers, when joining in traffic, shall practice driving on driving practice vehicles and have their driving supported by driving instructors.
2. When operating a vehicle, the driver shall carry the following papers:
a/ Vehicle registration paper;
b/ Driver license, for motor vehicle operators defined in Article 59 of this Law;
c/ Technical safety and environmental protection inspection certificate, for motor vehicles prescribed in Article 55 of this Law;
d/ Motor vehicle owner civil liability insurance certificate.
Article 59. Driver licenses
1. Depending on types, engine capacity, mass and utilities of motor vehicles, driver licenses are classified into driver licenses with unlimited validity and driver licenses with limited validity.
2. Driver licenses with unlimited validity are of the following categories:
a/ Category A1, granted to drivers of motorcycles with a cylinder capacity of between 50 cm3 and under 175 cm3;
b/ Category A2, granted to drivers of motorcycles with a cylinder capacity of 175 cm3 or higher and those prescribed for category-A1 driver licenses;
c/ Category A3, granted to drivers of three-wheeled motor vehicles and those prescribed for category-A1 driver licenses and similar vehicles.
3. Disabled people operating three-wheeled motor vehicles designed for them shall be granted category-A1 driver licenses.
4. Driver licenses with limited validity are of the following categories:
a/ Category A4, granted to drivers of tractors of a mass of up to 1,000 kg;
b/ Category B1, granted to non-professional drivers of passenger cars of up to 9 seats, trucks and tractors of a mass of under 3,500 kg;
c/ Category B2, granted to professional drivers of passenger cars of up to 9 seats, trucks and tractors of a mass of under 3,500 kg;
d/ Category C, granted to drivers of trucks and tractors of a mass of 3,500 kg or higher and vehicle types prescribed for category-B1 and -B2 driver licenses;
e/ Category D, granted to drivers of passenger cars of between 10 and 30 seats and vehicle types prescribed for category-B1, -B2 and -C driver licenses;
f/ Category E, granted to drivers of passenger cars of over 30 seats and vehicle types prescribed for category-B1, -B2, -C and -D driver licenses;
g/ Driver licenses of categories FB2, FD and FE, granted to drivers who already possess driver licenses of category B2, D or E to drive vehicles prescribed for these categories of driver licenses when pulling trailers or articulated passenger cars; driver licenses of category FC granted to drivers who already possess driver licenses of category C to drive vehicles prescribed for this category of driver license when pulling trailers or tractors pulling semi-trailers.
5. Driver licenses are valid nationwide and in the territories of countries or territories with which Vietnam has signed mutual driver license recognition commitments.
Article 60. Age and health of drivers
1. The driver age is prescribed as follows:
a/ Persons aged full 16 years or older may drive mopeds with a cylinder capacity of under 50 cm3;
b/ Persons aged full 18 years or older may drive motorcycles, three-wheeled motor vehicles with a cylinder capacity of 50 cm3 or higher and vehicles with similar structure; trucks, tractors with a mass of under 3,500 kg; passenger cars of up to 9 seats;
c/ Persons aged full 21 years or older may drive trucks, tractors with a mass of 3,500 kg or more; category-B2 vehicles pulling trailers (FB2);
d/ Persons aged full 24 years or older may drive passenger cars of between 10 and 30 seals; category-C vehicles pulling trailers or semi-trailers (FC);
e/ Persons aged full 27 years or older may drive passenger cars of over 30 seals; category-D vehicles pulling trailers (FD);
f/ The maximum age of drivers of 30 seat-plus passenger cars is 50 for women and 55 for men.
2. Drivers must be physically fit for the types and utilities of vehicles they drive. The Minister of Health shall assume the prime responsibility for, and coordinate with the Minister of Transport in, prescribing health standards for drivers, periodical health checks for automobile drivers, and medical establishments providing such health checks.
Article 61. Driver training, examination to grant driver licenses
1. Driver training establishments are categorized as job training establishments, must meet all adequate conditions on classrooms, driving practice grounds and vehicles, driving instructors, course books and teaching materials and possess a license as prescribed.
2. Driver training establishments must comply with the contents and programs prescribed for each kind and category of driver license.
3. Persons who wish to have driver licenses of categories A1, A2, A3, A4 and B1 must be trained. Persons who wish to have driver licenses of categories B2, C, D, E and driver licenses of category F must be trained on a full-time basis at training establishments.
4. Training for driver license upgrading shall be conducted for the following cases:
a/ Upgrading driver licenses from category B1 to B2;
b/ Upgrading driver licenses from category B2 to C or D;
c/ Upgrading driver licenses from category C to D or E;
d/ Upgrading driver licenses from category D to E;
e/ Upgrading driver licenses from category B2, C, D or E to categories of driver licenses for corresponding vehicles with trailers or semi-trailers.
5. Persons who wish to attend training for upgrading their driver licenses, in addition to satisfying the conditions prescribed in Clause 4 of this Article, must have a sufficient driving duration and a number of safe driving kilometers prescribed for each category of driver license; persons who wish to attend training for upgrading their driver licenses to category D or E must have at least completed lower secondary education.
6. The training of drivers of passenger cars of 10 seats or more and drivers of vehicles with trailers may only be conducted in the form of training for category upgrading under the conditions prescribed in Clauses 4 and 5 of this Article.
7. Examinations for the grant of driver licenses must be held at driver examination centers. Driver examination centers must be built according to planning, with material- technical foundations meeting the driver examination requirements as prescribed.
8. Driver examiners must possess an examiner card and shall take responsibility for the results of their examination.
9. Persons who have been trained and passed examinations shall be granted driver licenses of proper category.
For driver licenses with limited validity, before their expiration, drivers shall have heath checks and carry out the presented procedures for renewal of their driver licenses.
10. The Minister of Transport shall specify the conditions and criteria for and grant permits to training establishments; prescribe the training forms, contents and programs; examine, grant and renew driver licenses; the Minister of Defense and the Minister of Public Security shall issue regulations on training establishments, organization of training, examinations, grant and renewal of driver license for army and police forces performing defense and security tasks.
Article 62. Conditions for operators of special-use vehicles joining in traffic
1. Operators of special-use vehicles joining in traffic must reach eligible age and physically fit for their occupations, and possess a certificate of training in road traffic law, a license or certificate for operating special-use vehicles, granted by a special-use vehicle operator training establishment.
2. Operators of special-use vehicles in traffic must carry the following papers:
a/ Vehicle registration paper;
b/ Certificate of training in road traffic law, a license or certificate for operating special-use vehicles;
c/ Technical safety and environmental protection inspection certificate, for special-use vehicles prescribed in Article 57 of this Law.
Article 63. Conditions on operators of rudimentary vehicles in traffic
1. Being physically fit for safe operation of vehicles.
2. Being knowledgeable about road traffic rules
Section 1. ROAD TRANSPORTATION ACTIVITIES.
Article 64. Road transportation activities
1. Road transportation activities include non-commercial road transportation and commercial road transportation. Commercial road transportation is a conditional business as presented by law.
2. Commercial road transportation includes commercial passenger transportation and commercial cargo transportation.
3. Road transportation activities must be in line with the road transportation planning and transportation route network.
Article 65. Working time of automobile drivers
1. In a day, an automobile driver must work for 10 hours at most and must not be on the wheel for more than 4 hours in a row.
2. Carriers and automobile drivers shall comply with Clause 1 of this Article.
Article 66. Commercial transportation by car
1. Commercial passenger transportation by car includes:
a/ Commercial passenger transportation along fixed routes with identified departure and destination stops according to given schedules and itineraries;
b/ Commercial passenger transportation by bus along fixed routes with specified stops for passenger embarkation and disembarkation, and buses traveling according to given itineraries with a specified distance and scope of operation;
c/ Commercial passenger transportation by taxi according to schedules and itineraries requested by passengers, and charges calculated according to taxi meters;
d/ Commercial passenger transportation under transportation contracts, without fixed routes;
e/ Tourist transportation according to tourist routes, programs and destinations.
2. Commercial cargo transportation by car includes:
a/ Ordinary commercial cargo transportation;
b/ Commercial cargo transportation by taxi truck;
c/ Commercial transportation of extra-long and extra-heavy cargoes;
d/ Commercial transportation of dangerous cargoes.
3. The Government shall issue specific regulations on commercial transportation by car.
Article 67. Conditions for commercial transportation by car
1. Enterprises, cooperatives and households conducting commercial transportation by car must fully meet the following conditions:
a/ Making registration for commercial transportation by car under law;
b/ Ensuring the quantity, quality and use life of vehicles suitable to the business form; fitting travel monitoring devices on their vehicles according to the Government’s regulations;
c/ Ensuring the number of drivers and attendants suitable to the business plan and signing written labor contracts with them; attendants working on vehicles must be trained in transportation business skills and traffic safety; it is forbidden to employ drivers who are banned from driving under law;
d/ Persons who directly manage transportation activities of enterprises and cooperatives must possess transportation qualifications;
e/ Owning a parking lot suitable to the size of enterprise, cooperative or household, ensuring requirements of order, safely, fire and explosion prevention and fight, and environmental sanitation.
2. Only enterprises and cooperatives may conduct commercial passenger transportation along fixed routes, commercial passenger transportation by bus or by taxi, and must fully meet the following conditions:
a/ The conditions specified in Clause 1 of this Article;
b/ Having a section in charge of traffic safety conditions;
c/ Registering passenger transportation service quality standards with a competent agency and publicizing them.
3. Only enterprises and cooperatives may conduct commercial cargo transportation by container and must fully meet the conditions specified in Clause 1 and Point b, Clause 2, of this Article.
4. The Government shall issue specific regulations on conditions on and licensing of commercial transportation by car.
Article 68. Passenger transportation by car
1. Carriers and passenger car drivers shall comply with the following provisions:
a/ To embark and disembark passengers at prescribed places;
b/ Not to carry passengers on the car roofs or luggage compartments or let passengers cling to cars from the outside;
c/ Not to carry dangerous goods, fetid goods, animals or other goods adversely affecting passenger health;
d/ Not to carry passengers, luggage and cargo in excess of the prescribed mass or passenger number;
e/ Not to load cargo in passenger cabins; to take measures to keep the cars clean.
2. The Minister of Transport shall prescribe the organization and management of passenger transportation by car.
Article 69. Rights and obligations of passenger transportation dealers
1. The passenger transportation dealer has the following rights:
a/ To collect transportation fares and freights;
b/ To refuse to transport before the vehicles leave the car terminal or embarking positions or to disembark under transport contracts persons who possess tickets or are named in the contracts but commit acts of disturbing public order, obstructing the transport dealer’s work, affecting the health and property of others or cheating in tickets, or passengers suffering a dangerous disease.
2. The passenger transportation dealer has the following obligations:
a/ To fully realize the commitments on transport quality or fully perform transport contracts;
b/ To buy insurance for passengers, with insurance premiums included in passenger tickets;
c/ To hand tickets and freight receipts to passengers;
d/ To pay compensation for damage caused by their employees or representatives when performing jobs assigned by them;
e/ To take responsibility for consequences caused by their employees or representatives in complying with their requests in contravention of this Law.
3. The Minister of Finance shall assume the prime responsibility for, and coordinate with the Minister of Transport in, prescribing passenger tickets and freight receipts.
Article 70. Responsibilities of drivers and attendants working on passenger cars
1. To check their cars’ safety conditions before setting off.
2. To show civilized and polite behaviors and guide passengers to their right seats.
3. To check the arrangement and tie up luggage and cargo to ensure safety.
4. To take measures to protect passengers’ lives, health and property, and maintain order and sanitation in their cars;
5. To close the doors before and during the time the cars move.
Article 71. Rights and obligations of passengers
1. Passengers have the following rights:
a/ To be transported according to the transport contracts and transport dealer’s transport quality commitments;
b/ To pay no freight for luggage not exceeding 20 kg and of a size suitable to the car’s design;
c/ To refuse transport before the car sets off and be refunded ticket money according to regulations of the Minister of Transport.
2. Passengers have the following obligations:
a/ To buy tickets and pay freights for carried luggage in excess of the prescribed limit;
b/ To be present at the places of departure on time as agreed upon; to observe transport regulations; to comply with the instructions of the driver and attendants to ensure traffic order and safety;
c/ Not to carry luggage and goods banned by law from circulation.
Article 72. Cargo transportation by car
1. The transportation of goods by car must comply with the following provisions:
a/ Cargoes transported on cars must be tidily arranged and securely tied up;
b/ When transporting unpackaged cargo, to cover them and not to let them drop on the road.
2. The following acts are prohibited:
a/ Transporting cargoes beyond the designed mass or beyond the size limits permitted for the car;
b/ Carrying people in a car’s body, except for the case specified in Clause 1, Article 21 of this Law.
3. The Minister of Transport shall prescribe the organization and management of cargo transport by car.
Article 73. Rights and obligations of cargo transportation dealers
1. The cargo transportation dealer has the following rights:
a/ To request the transportation charterer to supply necessary information on the cargo for writing in transportation papers and examine the accuracy of such information;
b/ To request the transportation charterer to fully pay freights and arising expenses; to request the transportation charterer to pay compensations for damage caused by breaches of contract;
c/ To refuse transportation if the transportation charterer fails to deliver cargoes as agreed upon in their contract;
d/ To request cargo survey when necessary.
2. The cargo transportation dealer has the following obligations:
a/ To provide vehicles of proper type, at the time and place and deliver cargo to consignees as agreed upon in contracts;
b/ To guide the loading and unloading of cargo on vehicles;
c/ To pay compensation to the transportation charterer for cargo losses or damage in the course of transportation from the receipt to delivery of cargo, except for cases of exemption as prescribed by law;
d/ To pay compensation for damage caused by his/her employees or representatives when performing jobs assigned by him/her;
e/ To take responsibility for consequences caused by his/her employees or representatives in complying with his/her requests in contravention of this Law.
3. The Government shall prescribe liability limits of cargo transportation dealers.
Article 74. Rights and obligations of cargo transportation charterers
1. The cargo transportation charterer has the following rights:
a/ To refuse to load cargo on a vehicle which is not of a type as agreed upon in the contract;
b/ To request the transportation dealer to deliver cargo at the time and place as agreed upon in the contract;
c/ To request the transportation dealer to pay compensation for damage according to law.
2. The cargo transportation charterer has the following obligations:
a/ To prepare adequate lawful papers on the cargo before delivering it to the transportation dealer; to package the cargo according to specifications with sufficient and clear signals and codes; to deliver cargo to the transportation dealer at the time and place according to other instructions stated in the cargo delivery document;
b/ To fully pay freights and arising expenses for the cargo transportation dealer;
c/ To appoint persons to escort the cargo in the course of transportation, for cargo requiring escorts.
Article 75. Rights and obligations of cargo consignees
1. The cargo consignee has the following rights:
a/ To receive and check the received cargo against the transport paper or equivalent document;
b/ To request the transportation dealer to pay expenses for late delivery;
c/ To request or notify the transportation charterer to request the transportation dealer to pay compensations for cargo damage or loss;
d/ To request cargo survey when necessary.
2. The cargo consignee has the following obligations:
a/ To receive the cargo at the time and place as agreed upon; to produce the transport paper and personal identity paper to the transport dealer before receiving the cargo;
b/ To pay expenses for late cargo receipt.
Article 76. Transportation of extra-long and extra-heavy cargo
1. Extra-long or extra-heavy cargo means goods of a size or weight exceeding the prescribed limits but impossible to disassemble.
2. Extra-long or extra-heavy cargo must be transported on trucks suitable to such type of cargo and require a road use permit granted by a competent state agency.
3. Extra-long or extra-heavy cargo-transporting trucks must travel at a speed prescribed in their permits and have signals on the size of the cargo; when necessary, persons conducting traffic must be deployed to ensure traffic safety.
4. The Minister of Transport shall issue specific regulations on the transportation of extra-long and extra-heavy cargo.
Article 77. Transportation of live animals
1. Depending on species of live animals, the transportation dealer may request the transportation charterer to arrange an escort to take care of these animals in the course of transportation
2. The transportation charterer is responsible for loading and unloading live animals under the guidance of the transportation dealer; if unable to do so; the transportation charterer shall pay freights and loading and unloading charges to the transportation dealer.
3. The transportation of live animals on roads must observe the laws on hygiene, epidemic prevention and environmental protection.
Article 78. Transmutation of dangerous cargo
1. Cars carrying dangerous cargo must acquire permits granted by competent state agencies.
2. Cars carrying dangerous cargo may not stand and park at crowded places or danger-prone places.
3. The Government shall prescribe a list of dangerous cargo, the transportation of dangerous cargo and the competence to grant permits for transportation of dangerous cargo.
Article 79. Road transportation in urban areas
1. Buses must operate along prescribed routes, according to prescribed schedules and stand and park at prescribed places.
2. Drivers of passenger taxis or cargo taxis may embark and disembark passengers or load and unload cargo as agreed upon with passengers or cargo owners but shall comply with regulations on traffic safety.
3. Cargo trucks must operate along prescribed routes, within areas and according to schedules prescribed for each type of truck.
4. Rubbish vans and trucks carrying scraps or loose materials must be covered in order to prevent them from dropping on streets; if letting them drop, the carrier shall promptly clean up the streets.
5. Provincial-level People’s Committees shall issue specific regulations on road transportation in urban areas and the proportion of mass transit vehicles to meet the travel need of disabled persons.
Article 80. Passenger and cargo transportation by rudimentary vehicles, mopeds, motorcycles, three-wheeled motor vehicles and the like
1. The use of rudimentary vehicles, mopeds, motorcycles, three-wheeled motor vehicles and the like for carrying passengers and cargo must comply with regulations on traffic order and safety.
2. The Minister of Transport shall prescribe the implementation of Clause 1 of this Article.
3. Basing themselves on regulations of the Minister of Transport, provincial-level People’s Committees shall detail the implementation thereof in localities.
Article 81. Multi-modal transportation
1. Multi-modal transportation referred to in this Law means transportation of cargo from the place of receipt to the place of delivery of cargoes to a consignee by at least two modes, including the mode of road transportation, on the basis of a multi-modal transportation contract.
2. The Government shall issue specific regulations on multi-modal transportation.
Section 2. ROAD TRANSPORTATION SUPPORT SERVICES
Article 82. Road transportation support services
1. Road transportation support services include services at car terminals; parking lots and roadside service stations, and transportation agency, ticket sale agency, cargo collection, transshipment, warehousing and road transportation rescue services.
2. The Minister of Transport shall issue specific regulations on road transportation support services.
Article 83. Organization of operation of car terminals, parking lots and roadside service stations
1. The operation of passenger car terminals, cargo truck terminals, parking lots and roadside service stations must ensure order, safety, environmental sanitation, and fire and explosion prevention and fighting and submit to the management of local state management agencies.
2. Enterprises and cooperatives operating passenger car terminals have the right and obligation to arrange ticket sale offices or organize the sale of tickets to passengers under contracts with transport dealers; arrange cars fully meeting transportation business conditions to enter the terminals to take and discharge passengers according to proper routes.
3. Enterprises and cooperatives operating cargo truck terminals have the right and obligation to arrange trucks to enter the terminals to load and unload cargoes and cargo warehousing, consignment, packaging and preservation services.
4. Enterprises and cooperatives operating parking lots have the right and obligation to organize vehicle watch services.
5. Enterprises and cooperatives operating roadside service stations have the right and obligation to organize services for road users and vehicles in road traffic; and to perform jobs under service contracts with carriers.
6. Provincial-level People’s Committees shall prescribe car terminal service charges based on the types of car terminals.
STATE MANAGEMENT OF ROAD TRAFFIC
Article 84. Contents of state management of road traffic
1. Formulating plannings, plans and policies on road transport development; drawing up and directing the implementation of the national program on road traffic safety.
2. Promulgating, and organizing the implementation of, legal documents on road traffic; regulations and standards for road traffic.
3. Propagating, disseminating and educating about the road traffic law.
4. Organizing the administration, maintenance and protection of road infrastructure facilities.
5. Registering, granting and withdrawing number plates of, road traffic means; granting, withdrawing certificates of quality, technical safety and environmental protection of road vehicles.
6. Managing driver training and examination; granting, renewing and withdrawing driver licenses and certificates of training in knowledge about the road traffic law.
7. Managing transportation activities and transportation support services; organizing road traffic rescue.
8. Organizing research and application of road traffic science and technologies; training road traffic technicians and technical workers.
9. Examining, inspecting, and settling complaints and denunciations; handling violations of the road traffic law.
10. Undertaking international cooperation in road traffic.
Article 85. State management responsibilities for road traffic
1. The Government shall perform the unified state management of road traffic.
2. The Ministry of Transport shall take responsibility to the Government for performing the state management of road traffic.
3. The Ministry of Public Security shall perform the tasks of state management of road traffic under this Law and other relevant laws; take measures to ensure traffic order and safety; and coordinate with the Ministry of Transport in protecting road infrastructure facilities.
The Ministry of Public Security and the Ministry of Transport shall coordinate with each other in supplying data on registration of road vehicles, data on traffic accidents and in granting, renewing and withdrawing driver licenses.
4. The Ministry of Defense shall perform the tasks of state management of road traffic under this Law and other relevant laws.
5. Ministries, ministerial-level agencies and government-attached agencies shall, within the scope of their tasks and powers, coordinate with the Ministry of Transport in performing the state management of road traffic.
6. The People’s Committees at all levels shall, within the scope of their tasks and powers, organize the state management of road traffic under this Law and other relevant laws on localities.
Article 86. Road inspectorate
1. The road inspectorate shall perform specialized inspection of road traffic.
2. The road inspectorate has the following tasks and powers:
a/ To inspect, detect, stop and sanction administrative violations in the observance of legal provisions on protection of road infrastructure, assurance of technical standards of road works; in urgent cases, in order to prevent possible consequences on road works, to stop vehicles and ask their operators to take measures to protect works in accordance with law and take responsibility for such decisions;
b/ To inspect, detect, stop and handle administrative violations in the observance of regulations on transportation activities and transportation support services at standing and parking points along roads, car terminals, parking lots, roadside service stations, vehicle mass inspection stations, toll stations and at road transportation enterprises;
c/ To inspect, detect, stop and sanction violations in driver training and examination, the grant, renewal and withdrawal of driver licenses, and the technical safety and environmental protection inspection of motor vehicles. The inspection and examination of army and police car drivers, and the grant, renewal and withdrawal of their driver licenses shall be stipulated by the Minister of Defense and the Minister of Public Security;
d/ To perform other tasks and exercise other powers according to the inspection law.
3. The organization and operation of the road traffic inspectorate comply with this Law and other relevant laws.
The Minister of Transport shall issue specific regulations on the tasks and powers of the road inspectorate.
Article 87. Patrol and control of road traffic police
1. The road traffic police shall patrol and control road users and vehicles in traffic; handle their violations of road traffic law and take responsibility before law for their decisions; coordinate with the road administration agency in detecting and stopping acts of violating regulations on protection of road works and road safety corridors.
2. The Minister of Public Security shall issue specific regulations on tasks, powers, forms and contents of patrol and control by road traffic police.
3. The Government shall stipulate the mobilization of other police forces and commune police to join the road traffic police in patrolling and controlling road traffic order and safety in necessary cases.
Article 88. Effect
1. This Law takes effect on July 1, 2009.
2. This Law replaces the June 29, 2001 Law on Road Traffic.
Article 89. Implementation detailing and guidance
The Government and competent agencies shall detail and guide the implementation of articles and clauses of this Law as assigned; and guide other necessary provisions of this Law to meet state management requirements.
This Law was passed on November 13, 2008, by the XIIth National Assembly of the Socialist Republic of Vietnam at its 4th session.
OF THE NATIONAL ASSEMBLY