Law No. 26/2001/QH10 of June 29, 2001, on Land road traffic. đã được thay thế bởi Law No. 23/2008/QH12 of November 13, 2008, on road traffic và được áp dụng kể từ ngày 01/07/2009.
Nội dung toàn văn Law No. 26/2001/QH10 of June 29, 2001, on Land road traffic.
THE NATIONAL ASSEMBLY
SOCIALIST REPUBLIC OF VIET NAM
Hanoi, June 29, 2001
ON LAND ROAD TRAFFIC
In order to enhance the State management effect and to raise the sense of responsibility of agencies, organizations and individuals with a view to ensuring land road traffic smoothness, order, safety and convenience in service of people’s movement demand and the cause of construction and defense of the Fatherland;
Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam;
This Law prescribes land road traffic.
Article 1.- Regulation scope
This Law prescribes land road traffic rules and land road traffic safety conditions of infrastructure, means and people joining in land road traffic as well as land road transport activities.
Article 2.- Application objects
This Law applies to agencies, organizations and individuals that operate and live on the territory of the Socialist Republic of Vietnam; where international treaties which the Socialist Republic of Vietnam has signed or acceded to contain provisions different from those of this Law, the provisions of such international treaties shall apply.
Article 3.- Term interpretation
In this Law, the terms below shall be construed as follows:
1. Land roads include roads, land bridges, land tunnels, land ferries.
2. Land road works include roads, car stops and parks on roads, water drainage systems, signal lights; marker posts, road signs, median strips and other support constructions and equipment.
3. Road land means a land section on which land road works are constructed.
4. Land road safety corridor means land strips along both sides of a road to ensure traffic safety and protect land road works.
5. Motorways mean the land road sections used for passage by traffic means.
6. Road lanes means sections of motorways divided lengthwise, being wide enough for safe movement of vehicles.
7. Limited size of land road means the space with limited sizes in height, width of roads, bridges, road tunnels so that vehicles, including cargoes loaded thereon, safely run through.
8. Street thoroughfares mean roads inside urban areas, which include road beds and pavements.
9. Median strips are road parts that divide road surface for vehicles to run along two separate opposite directions or divide the motorized vehicle way from the rudimentary vehicle way. The median strips are classified into fixed and mobile types.
10. Expressways mean roads reserved only for high-speed vehicles, with median strips dividing roads for vehicles to run along two opposite directions and without crosscutting other roads on the same level.
11. The land-road maintenance means carrying out the work of maintenance and repairs in order to maintain the technical criteria of roads being under exploitation.
12. Land-road traffic means include motorized land-road traffic means and rudimentary land-road traffic means.
13. Motorized land-road traffic means (hereinafter called the motorized vehicles) include automobiles, tractors, motorized two-wheelers, motorized three-wheelers, mopeds and the like, including motorized vehicles for the disabled.
14. Rudimentary land-road traffic means (hereinafter called rudimentary vehicles) include non-motorized vehicles such as bicycles, cyclos, animal-drawn carts and the like.
15. Special-use vehicles and machines include construction vehicles and machines farming vehicles and machines, forestry vehicles and machines, which join in land-road traffic.
16. Means joining in land-road traffic include land-road traffic means and special-use vehicles and machines.
17. People, joining in land-road traffic include operators and users of means in land-road traffic; persons handling or leading animals and pedestrians on land roads.
18. Operators of means in traffic include operators of motorized vehicles, rudimentary vehicles or special-use vehicles and machines, which join in land-road traffic.
19. Vehicle drivers mean operators of motorized vehicles.
20. Traffic conductors means traffic police or persons tasked to conduct traffic at places where construction is underway, or traffic is congested, at ferries and at land bridges on which railways also run.
21. Dangerous cargoes mean those which, when carried on roads, may cause harms to human lives, health, environment, safety and national security.
Article 4.- The principles of ensuring land-road traffic safety
1. To ensure land-road traffic safety is the responsibility of agencies, organizations, individuals and the entire society.
2. People joining in traffic must strictly observe the traffic rules and ensure safety of their own as well as of others. The means owners and operators shall be held responsible before law for ensuring the safety conditions of means joining in traffic.
3. The maintenance of land-road traffic order and safety must be effected synchronously with the techniques and safety of land-road traffic infrastructures, land-road traffic means, the law observance sense of people in traffic and other domains related to land-road traffic safety.
4. All acts of violating the land-road traffic legislation must be handled in a strict, just, prompt and lawful manner.
5. Those who violate the land-road traffic legislation and cause accidents shall be accountable for their acts of violation; if causing damage to other persons, they must pay compensation therefor according to law provisions.
Article 5.- Policies of developing land-road traffic
1. The State prioritizes the development of land-road traffic infrastructures in mountain regions, deep-lying, remote, border, island regions, ethnic minority regions, key economic regions.
2. The State adopts the policy of prioritizing the development of mass transit and restricting the use of personal communications means in big cities.
3. The State encourages and creates conditions for domestic agencies, organizations and individuals as well as foreign organizations and individuals to invest in and apply advanced sciences and technologies to the field of land-road traffic.
Article 6.- Propagation, dissemination and education of land-road traffic legislation
1. Information and propaganda agencies shall have to organize the propagation and dissemination of land-road traffic legislation constantly and widely to the entire population.
2. Agencies, organizations and families have the responsibility to propagate and educate people under their respective management with the land-road traffic legislation.
3. Agencies exercising the State management over education and training have the responsibility to include the land-road traffic legislation in the teaching programs at schools and other educational establishments, suitable to each branch and each level of study.
Article 7.- Responsibility of Vietnam Fatherland Front and its member organizations
Vietnam Fatherland Front and its members organizations shall, within the scope of their tasks and powers, have to organize and coordinate with functional bodies in organizing the propagation and mobilization of people to strictly abide by the land-road traffic legislation; supervise the observance of land-road traffic legislation by agencies, organizations and individuals.
Article 8.- Prohibited acts
1. Destroying land-road works.
2. Illegally digging, drilling and/or cutting roads; illegally placing or erecting hurdles on roads; illegally opening passages; grabbing and occupying land-road safety corridor; illegally dismantling, removing or falsifying road sign works.
3. Illegally using road beds, pavements.
4. Putting motorized vehicles which fail to satisfy the technical safety criteria into operation on roads.
5. Changing the general structure, components and/or accessories of motorized vehicles in order to temporarily achieve their technical criteria when they are put to inspection.
6. Taking part in or organizing illegal vehicle races.
7. Using narcotics by vehicle drivers.
8. Using alcohol by drivers while operating vehicles on roads, who are found as having the alcoholic strength of over 80 milligrams/100 milliliters of their blood or 40 milligrams/1 litter of their breath or other stimulants banned from use by law.
9. Operating motorized vehicles without driving licenses as prescribed.
10. Operating motorized vehicles beyond the prescribed speeds.
11. Blowing horns and stepping on the accelerator continuously; blowing horns within the time from 22.00 hrs to 05.00 hrs, blowing hooters and/or using distant flash lights in urban and populous areas, except for priority vehicles being on duty as provided for by this Law.
12. Illegally transporting dangerous cargoes or failing to fully abide by the regulations on transportation of dangerous cargoes.
13. Employing transshipment or other tricks to evade detection of overload and/or oversize transportation.
14. Fleeing the scene after causing accidents in order to shirk responsibility.
15. Deliberately refusing to rescue victims of traffic accidents when having conditions to do so.
16. Taking advantage of traffic accidents to assault, intimidate, pressure, foment disorder or obstruct the handling.
17. Abusing positions, powers or profession to breach the Land Road Traffic Law.
18. Other acts which cause danger to people and means joining in land-road traffic.
LAND ROAD TRAFFIC RULES
Article 9.- General rules
1. People joining in traffic must keep to the right along their travel direction, travel on the prescribed road sections and obey the road signal system.
2. Drivers and people sitting on front seats of automobiles furnished with safety belts must fasten the safety belts.
Article 10.- Land road signal system
1. The land road signal system include traffic conductors commands, traffic lights, sign boards, road painted lines, marker posts or protection walls, barricades.
2. Traffic police’s commands:
a) Raising hand vertically straight to signal people in traffic to stop;
b) Stretching two or one hand horizontally to signal people in traffic in front or behind the traffic conductors to stop; the people in traffic on the right and the left of the traffic conductors to go straight and turn right;
c) Stretching the right hand to the front to signal that the people in traffic behind and on the right of the traffic conductors stop; the people in traffic in front of the traffic conductors may turn right; the people in traffic on the left of the traffic conductors may travel in all directions; the pedestrians crossing roads must go behind the traffic conductor.
3. The traffic lights are in three colors, with the meaning of each color as follows:
a) The green lights means passable;
b) The red lights means pass-ban;
c) The yellow lights means the signal change. When the yellow light is on, the means operators must stop their vehicles in front of the stop line, except for cases where operators have already passed the stop lines, they may continue to move on;
d) The flickering yellow light means being passable but watching traffic.
4. Road signboards include 5 groups with the meaning of each group as follows:
a) The ban signboards indicate various bans;
b) The danger signboards warn against dangerous circumstances likely to occur;
c) Command signboards indicate various commands to be obeyed;
d) Directing signboards indicate travel directions or necessary information;
e) Auxiliary signboards additionally express the ban signboards, danger signboards, command signboards or directing signboards.
5. Road painted lines indicate the division of road lanes, positions, traffic directions, stop positions.
6. Marker posts or protection walls are placed at the edges of dangerous road sections to guide the people in traffic for the safety scopes of the road beds and traffic directions.
7. Barricades are put at places where road beds are bottleneck, at bridge heads, sluice heads, ban roads, impasses, impassable to vehicles, pedestrians, or at places where traffic should be controlled and supervised.
8. The Minister of Communications and Transport shall specify road-signs.
Article 11.- Abiding by road signals
1. The people in traffic must abide by commands and instructions of the land road signal system.
2. Where there are traffic conductors, the people in traffic shall have to obey their commands.
3. Where there exist both the fixed signal boards and the provisional signal boards, the people join in land traffic shall have to abide by the commands of the provisional signal boards.
Article 12.- Vehicle speeds and distance between vehicles
1. Vehicle drivers must abide by the speed regulations while driving their vehicles on roads.
The Minister of Communications and Transport shall specify the speeds of motorized vehicles and the placement of speed sign boards.
2. Vehicle drivers must keep safe distance from vehicles running immediately before them; where there exists the signboard " the minimum distance between two vehicles", they must keep a distance not smaller than the figure inscribed on the signboard.
Article 13.- Using road lanes
1. Where there are on a road many motor lanes in the same direction, distinguished from each other by lane-dividing painted lines, the drivers must keep their vehicles on one lane and are allowed to change to other lanes at places where it is so permitted; when changing lanes, they must give advance signals and ensure safety.
2. Where there are on a one-way road lane-dividing lines, the rudimentary vehicles must keep to the innermost right lane while the motorized vehicles travel on the left lanes.
3. Assorted means joining in land road traffic with lower speeds must keep to the right.
Article 14.- Vehicle overtaking
1. Vehicles asking for permission to overtake must signal with lights or horns; in urban centers and populous areas from 22.00 hrs to 05.00 hrs, only light signals are used to ask for permission to overtake.
2. The overtaking vehicle may overtake only where there appear no obstacles in front of them, no vehicles running from the opposite direction within the road sections reserved for overtaking and the vehicle running before gives no signals to overtake other vehicles and has already moved to the right.
3. When there are vehicles asking permission to overtake, if the safety conditions permit, the operators of the means running in front must speed down, move close to the right of the motorway till the behind vehicles have already passed and must not cause hindrances to the vehicles asking for the overtaking.
4. When overtaking, vehicles must pass on the left, except for the following cases where they are permitted to pass on the right:
a) When the front vehicles give signals to turn left or are turning left;
b) When trams are running in the middle of roads;
c) When special-used vehicles are operating on roads, disenabling them to overtake on the left.
5. Vehicle overtaking is forbidden in the following cases:
a) The conditions prescribed in Clause 2 of this Article are not met;
b) There is only one motor lane on a narrow bridge;
c) Under flyovers, by-roads, slope heads and other positions with restricted visibility;
d) Where roads cross each other or roads crosscut railways;
e) Where weather conditions or road conditions do not permit safe overtaking;
f) Priority vehicles transmit priority signals while performing their tasks;
Article 15.- Changing vehicle directions
1. When wishing to change direction, the mean operators must speed down and signal the turning directions.
2. While changing direction, the vehicle drivers must give way to pedestrians and bicycle riders, who are travelling on road sections reserved for them, give way to vehicles running from the opposite direction and shall change the direction only when they see that no hindrance or danger is caused to people and other means.
3. In population areas, drivers may make U turns at places where roads cut each other and places where exist signboards permitting U turns.
4. It is prohibited to make U turns at road sections reserved for road-crossing pedestrians, on bridges, at bridge heads, under flyovers, in tunnels, at places where roads cut railways, on narrow roads, at winding road sections with visibility being restricted.
Article 16.- Reversing vehicles
1. When reversing their vehicles, the operators must observe behind, give necessary signals and shall reverse only when realizing no danger.
2. It is forbidden to reverse at areas where reversing is banned, on the road sections reserved for road-crossing pedestrians, at places where roads are crosscut, roads crosscut railways, at places with restricted visibility, in land road tunnels.
Article 17.- Bypassing vehicles running from the opposite direction
1. On roads which are not divided into two separate opposite running directions, when two opposite vehicles bypass each other, the operators must speed down and drive their vehicles to the right along their respective running directions:
2. Cases of giving way when bypassing each other:
a) At narrow road sections which permit only one vehicle to run and where bypasses are available, the vehicles which is closer to the bypass must move into the bypass and give way to the other vehicle;
b) Vehicles running downhill must give way to vehicles running uphill;
c) Vehicles facing hurdles in front must give way to the other vehicles.
3. At night, motorized vehicles running from opposite directions must switch from long-distance flashlight to short-distance flashlight.
Article 18.- Stopping, parking cars on non-urban roads
1. When stopping or parking their vehicles on non-urban roads, the operators must abide by the following regulations:
a) Giving signals to operators of other means;
b) Stopping, parking vehicles at places with broad roadsides or on land plots outside the motorways; where roadsides are narrow or not available, they must stop or park their vehicles close to road sides on the right along their running direction;
c) Where car stops and/or parks are built or stipulated on roads, the car drivers must stop and/or park their cars at such places;
d) After parking their vehicles, the operators may leave their vehicles only after taking safety measures, if the parking vehicles occupy part of the motorway, they must place signs for operators of other means to know;
e) Not opening car doors, leaving car doors open or stepping down from cars when the safety conditions do not permit;
f) When motorized vehicles stop, the drivers must not leave their driving positions;
g) Vehicles stopping on sloping road sections must have their wheels chocked.
2. It is forbidden to stop or park vehicles at the following positions:
a) On the left of one-way roads;
b) On winding road sections and near slope heads where visibility is restricted;
c) On bridges, under flyovers;
d) In parallel with another stopping or parking vehicle;
e) On road sections reserved for pedestrians to cross the roads;
f) At cross-sections;
g) At bus stops;
h) In front of and within 5 meters from both sides of the entrances of public offices or organizations;
i) At road sections wide enough for only one motor lane;
j) Within railway lines safety areas;
k) Covering road signboards.
Article 19.- Stopping, parking vehicles on urban roads
When stopping and/or parking their vehicles on urban roads, the operators must abide by the regulations of Article 18 of this Law and the following regulations:
1. Having to stop, park close to street pavements to the right along their running direction; in narrow streets, having to stop, park their vehicles at positions at least 20 meters away from the vehicles parking on the other side;
2. Not stopping or parking vehicles on tramways. Not leaving traffic means on road beds, pavements in contravention of regulations.
Article 20.- Priority rights of a number of vehicles
1. The following vehicles shall have the priority right to go before other vehicles when passing cross-roads from any direction in the following order:
a) Fire-fighting vehicles being on their way to perform their tasks;
b) Military vehicles, police vehicles being on their way for urgent tasks;
c) Ambulances performing emergency tasks;
d) Dike-watch vehicles, vehicles performing the task of overcoming natural disasters or urgent circumstances under the provisions of law;
e) Police-led motorcades;
f) Funeral vehicle convoys;
g) Other vehicles as provided for by law.
2. Vehicles prescribed at Points a, b, c, d and e of Clause 1, this Article, when on their way for urgent tasks, must give signals by horns, banner, lights as prescribed; shall not be restricted in speed; may enter one-way roads from the opposite direction and other passable roads even when the red light is on and only follow the instructions of the traffic conductors.
The Government shall specify the signals of priority vehicles.
3. When there appear signals of the priority vehicles, all people in traffic must promptly speed down, avoid or stop close to the right road side in order to give way. All acts of obstructing the priority vehicles are forbidden.
Article 21.- Crossing ferries, pontoon bridges
1. When reaching ferries or pontoon bridges, vehicles must queue up orderly at the prescribed places, without obstructing traffic.
2. When embarking ferry-boats, being on ferry-boats and disembarking ferry-boats, all people must dismount from vehicles, except the operators of motorized vehicles, special-use vehicles and machines, diseased people, aged people and disabled people.
3. Motorized vehicles must embark ferry-boats before rudimentary vehicles and people; when disembarking ferry-boats, people shall come up first, then the traffic means under the guidance of the traffic conductors.
4. Priority order for ferry-crossing, pontoon bridge crossing:
a) The priority vehicles prescribed in Clause 1, Article 20 of this Law;
b) Mail vans;
c) Fresh and raw foodstuff vans;
d) Mass transit vehicles.
Where priority vehicles of the same kind arrive at ferries or pontoon bridges simultaneously, the vehicles which arrive first will cross the ferries or pontoon bridges first.
Article 22.- Giving way at crossroads
When approaching crossroads, the means operators must speed down and give way according to the following regulations:
1. At crossroads without signals to move around the roundabouts, giving way to vehicles coming from the right.
2. At crossroads with signals to move around the roundabouts, giving way to vehicles coming from the left;
3. At a cross-section between a priority road and a non-priority road or between a by-road and a main road, the vehicles coming from the non-priority road or the by-road must give way to vehicles running on the priority road or the main road from any direction.
Article 23.- Travelling on cross-sections between roads and railway lines
1. At the cross-sections between roads and railway lines, where exist signal lights, barricades and signaling bells, when the red signal light are on, the signaling bells ring or the barricades are moving or closed, the land-road traffic participants must stop on the respective road section at a safety distance from the barricade; only when the red signal light is off, the barricade is fully opened or the signaling bell stops ringing can they make the crossings.
2. At the cross- sections between roads and railway lines where exist only signal lights or signaling bells, when the red signal light is on or the signaling bells ring, the land road traffic participants must stop immediately and keep a minimum distance of 5 meters from the nearest rail lines; when the signal light is off or the signaling bells stop ringing can they make the crossings.
3. At the cross-sections between roads and railway lines, where exist no signal lights, no barricades and no signaling bells, the land-road traffic participants must watch both directions, only when they feel sure that no railway means are approaching can they make the crossings; if they see railway means approaching, they must stop and keep a minimum distance of 5 meters from the nearest rail line and shall make the crossings only when the railway means have passed.
4. When land-road traffic means break down right at cross-sections between roads and railway lines and within the railway safety areas, the means operators must by all fastest ways place signals on the railway lines at least 500 meters on both sides in order to notify railway means operators and seek ways to report such to the nearest railways and station managers, and at the same time apply all measures to take the means out of the railways line safety areas as soon as possible.
5. People present at the places where the traffic means break down on the cross-sections between roads and railway lines have the responsibility to help the operators bring the means out of the railway safety areas.
Article 24.- Traffic on expressways
1. Drivers of vehicles running on express ways, apart from abiding by the traffic rules prescribed in this Law, shall also have to observe the following regulations:
a) When moving into expressways they must give signals therefor and give way to vehicles running on the expressways, only when deeming it safe can they join the vehicles into the traffic flow on the outmost lane; if there are speed-up lanes, they must drive their vehicles on such lanes before moving into the expressway lanes;
b) When moving out of expressways, they must move gradually to the right lanes, if there are speed-down lanes they must drive their vehicles on such lanes before leaving the expressways;
c) Not running their vehicles on roadsides;
d) Not making U turns, reversals;
e) Not running vehicles beyond the maximum speed and below the minimum speed, which are inscribed on signboards or painted lines on road surfaces.
2. The vehicle drivers must keep a safe distance from each other. The Minister of Communications and Transport shall prescribe the safe distance between vehicles running on roads.
3. They may stop, park their vehicles only at the prescribed places; where they are forced to stop or park their vehicles not at the prescribed places, the drivers must drive their vehicles out of the motorway; if unable to do so they must give signals so that other drivers can see.
Article 25.- Traffic in land road tunnels
Operators of means joining in traffic in land road tunnels, apart from abiding the traffic rules prescribed in this Law, shall also have to observe the following regulations:
1. The motorized vehicles must switch on their head lights even when the tunnels are full of light, and the rudimentary vehicles must be equipped with lights or illuminating objects as signals;
2. They may only stop, park their vehicles at prescribed places;
3. They must not make U turns and reversals.
Article 26.- Ensuring land roads load-bearing capacity and size limits
1. Means operators participating in land road traffic must abide by the regulations on load-bearing capacity and size limits of land roads and shall be subject to the inspection by competent bodies.
2. In special cases, vehicles which are overloaded or oversized beyond the limits prescribed for land roads and caterpillars which damage road surfaces may run on roads provided that such is permitted in writing by the road-managing bodies and compulsory measures are applied to protect roads and bridges and ensure traffic safety.
3. The Minister of Communications and Transport shall publicize the load-bearing capacity and size limits of land roads, prescribe the organization and operation of vehicle tonnage inspecting stations on roads as well as the granting of permits for overloaded and oversized vehicles and road surface- damaging caterpillars.
Article 27.- Automobiles pulling automobiles or trailers
1. An automobile may only pull another automobile when the latter cannot run on its own and shall have to abide by the following regulations:
a) The pulled automobile must have an operator and its steering system must still be effective;
b) The hook-up with the pulled automobile must be firm and safe; where the brake system of the pulled automobile is no longer effective, the pulling automobile and the pulled automobile must be hooked up by a hard connecting bar;
c) There must be signal boards in front of the pulling automobile and behind the pulled automobile.
2. Automobiles pulling trailers must have their total tonnage bigger than that of trailers or must have brake systems effective for trailers.
3. The following acts are prohibited:
a) Trailer automobiles or semi-trailer automobiles pulling another trailer or automobile;
b) Transporting people on the pulled automobiles;
c) Automobiles pulling rudimentary vehicles, motorized two-wheelers, motorized three-wheelers, mopeds or dragging things on roads.
Article 28.- Operators of, people sitting on, motorbikes, mopeds
1. Operators of motorized two-wheelers or mopeds may each only carry one adult and one child at most; in case of carrying sick persons for emergency or escorting criminals, they may each carry two adults.
2. The wearing of safety helmets by persons operating or sitting on motorized two-wheelers, motorized three-wheelers or mopeds shall be stipulated by the Government.
3. Persons operating motorized two-wheelers, motorized three-wheelers or mopeds are prohibited to commit the following acts:
a) Running their vehicles abreast;
b) Running vehicles in zigzags and/or swings;
c) Running vehicles in road sections reserved for pedestrians and other means;
d) Using umbrellas and/or mobile phones;
e) Using their vehicles to pull or push other vehicles or objects, to carry, shoulder or transport cumbersome things;
f) Taking off both hands from handlebars or running vehicles on one wheel, for two- wheelers or on two wheels, for three-wheelers;
g) Using vehicles without silencers and causing environmental pollution;
h) Other acts of causing traffic disorder and/or unsafety.
4. Persons sitting on motorized two-wheelers, motorized three-wheelers or mopeds are prohibited to commit the following acts:
a) Carrying or shouldering cumbersome things;
b) Using umbrellas;
c) Hanging on to, pulling or pushing other means;
d) Standing on saddles or pillions, or sitting on handlebars;
e) Other acts of causing traffic disorder and/or unsafety.
Article 29.- Persons operating or sitting on bicycles, persons operating other rudimentary vehicles
1. Bicycle operators, when participating in traffic, must abide by the regulations of Clause 1, Points a, b, c, d, e, f and h of Clause 3, Article 28 of this Law; persons sitting on bicycle pillions, when participating in traffic, must abide by the regulations of Clause 4, Article 28 of this Law.
2. Operators of other rudimentary vehicles must run their vehicles one after another and keep to the right lanes reserved for rudimentary vehicles at places where such lanes are available; when travelling at night time there must be signals in front and behind the vehicles.
3. Goods loaded on rudimentary vehicles must ensure safety, without obstructing traffic and the operators view.
Article 30.- Pedestrians
1. The pedestrians must go on pavements, roadsides; where pavements and roadsides are not available, they must walk close to the road edges.
2. At places where signal lights, painted lines reserved for pedestrians are not available, the pedestrians, when crossing roads, must watch approaching vehicles for safe road-crossing, give way to traffic means moving on roads and take responsibility to ensure safety when crossing roads.
3. At places where there are signal lights, painted lines or flyovers, tunnels reserved for the pedestrians, the pedestrians must abide by the instructing signals and cross the roads at such places.
4. On roads with median strips, the pedestrians must not cross over such median strips.
5. Children of under 7 years old, when crossing urban thoroughfares and/or roads with motorized vehicles frequently moving to and fro, must be led by adults.
Article 31.- Disabled, aged and weak people joining in traffic
1. Disabled people using non-motorized wheel chairs may travel on pavements and on places with painted lines reserved for the pedestrians.
2. Visually- handicapped people, when travelling on roads, must be led by other people or have devices to signal other people that they are visually handicapped.
3. All people have the responsibility to assist the disabled old and weak people in crossing roads.
Article 32.- Persons handling or leading animals on roads
1. Persons handling or leading animals on roads must herd them close to road edges and ensure sanitation on roads; in cases where they need to walk the animals across the roads they must watch traffic and may only let them cross the roads when the safety conditions are fully met.
2. It is forbidden to handle or lead animals into the motorways.
Article 33.- Other activities on roads
1. The organization of cultural and/or sport activities, parades, rituals on roads must comply with the Government’s regulations.
2. The placement of advertisement billboards on land areas of road safety corridors must be approved in writing by competent road management bodies.
3. The following acts are prohibited:
a) Holding markets on roads;
b) Illegally gathering people on roads;
c) Leaving animals unbridled on roads;
d) Illegally gathering materials, discarded materials; drying paddy, rice stock and straw, agricultural products and other things on roads;
e) Placing advertisement billboards on road land;
f) Covering road signs, traffic lights.
Article 34.- Using street thoroughfares
1. Road beds and pavements are used only for traffic purposes; in special cases, their temporary use for other purposes shall be stipulated by the provincial-level People’s Committee presidents but must not affect traffic order and safety.
2. The following acts are prohibited:
a) Dumping garbage or wastes on streets not at the prescribed places;
b) Illegally building or placing platforms, stands on street thoroughfares;
c) Removing lids of street sewages without permission;
d) Other acts of obstructing traffic.
Article 35.- Organizing traffic and conducting traffic
1. Organizing traffic shall cover the following contents:
a) Dividing lanes, flows and routes and setting traffic time for people and means participating in traffic;
b) Stipulating no-entry road sections, one-way roads, places banned from stopping, parking, U turns; installing road signs;
c) Announcing temporary or long-term changes in lane or route division as well as traffic time; applying emergency measures in case of incidents and other measures for traffic on roads in order to ensure smooth and safe traffic.
2. Responsibility to organize traffic:
a) The Minister of Communications and Transport shall have to organize traffic on the national highway system;
b) The provincial-level People’s Committees shall have to organize traffic on roads and streets under their respective management.
3. Traffic police’s responsibility to conduct traffic:
a) To command, direct traffic on roads; guide or force people joining in traffic to observe the traffic rules;
b) Upon unexpected circumstances which cause traffic jams or other urgent requirement to ensure security and order, to temporarily suspend traffic on certain road sections, re-arrange traffic flows or routes as well as provisional car stops and parks.
Article 36.- Responsibilities of individuals, agencies and organizations when traffic accidents occur
1. Drivers and persons directly involved in the accidents shall have the responsibility to:
a) Immediately stop their vehicles; keep intact the scene; rescue the victims and must show up at the request of the competent bodies;
b) Stay at the places of accident until people of the police office arrive, except for cases where the drivers have also got injured and must be carried for emergency or their lives are threatened, but they must submit themselves and report to the police office at the nearest place;
c) Provide accurate information on accidents to the police offices.
2. Persons present at the places where accidents occur have the responsibility to:
a) Protect the scene;
b) Provide timely assistance and rescue to the victims;
c) Immediately report to the nearest police office or People’s Committee;
d) Protect the victims’ property;
e) Provide accurate information on the accidents at the request of the police offices.
3. Other drivers, when passing the places of accidents, have the responsibility to carry the victims to medical establishments for emergency treatment. The priority vehicles and vehicles of subjects enjoying diplomatic privileges and immunities shall not be compelled to comply with the provisions of this Clause.
4. Upon receiving reports on accidents, the police offices shall have to promptly send their officers to the scenes to investigate the accidents and coordinate with the road management bodies and the local People’s Committees to ensure smooth and safe traffic.
5. The People’s Committees of the localities where the accidents occur shall have to promptly inform the police offices of the accidents for their presence to settle them; to organize the rescue and assistance of victims, the protection of scene and the protection of the victims property; in case of death, after the competent State bodies have completed all work as prescribed by law and permitted the burial and if the dead victims are unidentified, have no relatives or have relatives who have no capability for the burial, such People’s Committees shall have to organize the burial.
6. All acts of infringing upon the lives and properties of the victims as well as the accident causers are prohibited.
LAND ROAD TRAFFIC INFRASTRUCTURE
Article 37.- Land road traffic infrastructure and road classification
1. Land road traffic infrastructure includes road works, car terminals, car parks and land road safety corridors.
2. The land road network includes national highways, provincial roads, district roads, communal roads, thoroughfares and special-use roads.
3. Land roads are named or numbered and graded.
4. The Government shall stipulate the classification, naming or numbering of roads and the technical criteria of road grades.
Article 38.- Land road traffic infrastructure planning
1. The land road traffic infrastructure planning must be based on the strategies and plannings for socio-economic development, national defense, security and serve the people’s travel demands.
2. The urban road infrastructure planning constitutes an important part of the urban development planning and must be in line with the plannings on underground works and other urban technical infrastructure projects.
The land fund for construction of urban road traffic infrastructure must ensure appropriate proportions, meeting the requirement of long-term development of urban traffic.
3. The land road traffic infrastructure planning, after being approved, must be widely publicized to people for knowledge.
The Government shall prescribe the order and procedures for elaboration, approval and publicization of the land road infrastructure planning.
Article 39.- Land areas reserved for roads
1. A land area reserved for a road shall include the land for such road and the road safety corridor.
2. Within the land areas reserved for roads, it is strictly forbidden to build other works, except for a number of essential projects which cannot be arranged outside such areas.
The road safety corridor land may be temporarily used and exploited but without affecting the road work safety and road traffic safety.
3. The Government shall specify the land areas reserved for roads, the use and exploitation of road safety corridor land as well as the construction of essential projects in the land areas reserved for roads.
Article 40.- Ensuring the technical requirements and traffic safety of road works
Newly built, upgraded or renovated road works must ensure the technical standards and conditions on traffic safety for all subjects participating in traffic, including disabled persons.
The road works must be expertised in terms of traffic safety right at the time of plan elaboration, designing and construction and throughout the exploitation process as provided for by law.
Article 41.- Road sign works
1. The road sign works include:
a) The traffic lights;
b) The road signs;
c) The marker posts, barricades or protection fences;
d) Road painted lines;
f) Other signs.
2. Before being put into exploitation, land roads must be fully furnished with road sign works according to the approved designs.
Article 42.- Project construction on roads being under exploitation
1. The construction of projects on land roads being under exploitation shall be carried out only after the competent State bodies issue permits therefor.
2. In the course of construction, the construction units shall have to arrange signals, provisional barricades and apply measures to ensure smooth and safe traffic.
3. The project construction on urban roads must comply with the provisions of Clauses 1 and 2 of this Article and the following regulations:
a) Road digging shall only be permitted for repairing works or building new technical cellars across roads but according to annual plans consulted in advance with the urban road management bodies, except for cases of unexpected incidents;
b) There must be construction plan and schedule suitable to the characteristics of each thoroughfare in order not to cause traffic congestion;
c) Upon the completion of construction, the road’s original state must be restored; for underground projects, the dossiers on completion of the construction thereof must be compiled and handed over to the urban road management bodies.
Article 43.- Road management and maintenance
1. Land roads put to exploitation must be managed and maintained with the following contents:
a) Monitoring the state of road works; organizing traffic; examining and inspecting the protection of land road traffic infrastructure;
b) Regular maintenance, periodical and unexpected repairs.
2. The responsibility to organize road management and maintenance is prescribed as follows:
a) The Ministry of Communications and Transport shall take charge of the national highway system;
b) The provincial-level People’s Committees shall take charge of the systems of provincial roads, urban roads. The management and maintenance of district and communal road systems shall be stipulated by the provincial-level People’s Committees;
c) Special-use roads and roads built with investment capital not from the State budget source shall be managed and maintained by investors.
Article 44.- Financial sources for road management and maintenance
1. The financial sources for road management and maintenance shall include:
a) State budget allocations;
b) Other revenue sources as prescribed by law.
2. The Government shall specify the management and use of financial sources for road management and maintenance.
Article 45.- Building crosscuts between roads and railroads
The construction of crosscuts between roads and railroads must be permitted by competent State bodies; be made according to designs which meet the technical criteria and traffic safety conditions and have been approved by competent State bodies.
Article 46.- Car terminals, parking lots, parks
1. Car terminal and car parking lots must be built according to plannings already approved and must satisfy the technical criteria prescribed by the Minister of Communications and Transport.
2. In urban areas, the construction of agencies’ offices, schools, hospitals, trade and/or cultural service centers and population quarters must include the construction of car parks suitable to the projects scales.
Article 47.- Protecting land road traffic infrastructures
1. The land road traffic infrastructure protection scope shall cover the land area reserved for road, the road safety corridor, the aerial space, the subterranean portions, the underwater sections related to project safety and land road traffic safety.
2. Agencies, organizations and individuals have the responsibility to protect land road traffic infrastructures; participate in the rescue of road works.
3. Those who discover that road works are damaged or infringed upon, safety corridors are grabbed and occupied must promptly report such to the local administrations, the road management bodies or the nearest police offices for handling; in case of necessity, they must apply measures to signal such to traffic participants.
4. Upon receiving reports, the responsible agencies shall have to quickly apply remedial measures to ensure smooth and safe traffic.
MEANS JOINING IN LAND ROAD TRAFFIC
Article 48.- Conditions for motorized vehicles to join in traffic
1. Automobiles of proper types allowed to join in traffic must satisfy the following quality, technical safety and environmental protection criteria:
a) Being fully equipped with effective brake systems;
b) Being structured with effective direction-changing system;
c) Their steering wheels are on the left side of the automobiles;
d) Being fully equipped with distant and close flash lights, car plate lights, stop lights, signal lights;
e) Having wheels and tires of the right size and right technical criteria for each type of automobile;
f) Ensuring the operators visibility;
g) The wind shield glass and door glass must be of the safety type;
h) Having horns with standard volumes;
i) Being fully equipped with silencers, exhaust pipes;
j) The structures must be durable enough and ensure the properties of stable operation.
2. Motorized three-wheelers, motorized two-wheelers and mopeds of the right types allowed to participate in traffic must satisfy the quality, technical safety and environmental protection criteria prescribed at Points a, b, d , e, h, i and j, Clause 1 of this Article.
3. The motorized vehicles must have registration papers and number plates, granted by competent State bodies.
4. The Government shall stipulate the year-based use duration for assorted automobiles engaged in transportation business.
5. The Minister of Communications and Transport shall prescribe types, quality and technical safety criteria of assorted motorized vehicles permitted to participate in traffic, except for army and police motorized vehicles used for defense and security purposes.
Article 49.- Granting and withdrawal of registration papers and number plates of motorized vehicles
1. Motorized vehicles with lawful origin and satisfying the quality and technical safety criteria under the provisions of this Law shall be granted registration papers and number plates by competent State bodies.
2. The Minister of Public Security shall stipulate and organize the granting of registration papers and number plates for motorized vehicles of various kinds; the Minister of Defense shall stipulate and organize the granting of registration papers and number plates for assorted army motorized vehicles used for defense purpose.
3. The Government shall specify the withdrawal of registration papers and number plates of motorized vehicles of various kinds.
Article 50.- Ensuring the quality, technical safety and environmental protection criteria of motorized vehicles join in land road traffic
1. The manufacture, assembly, modification, repair, maintenance and import of motorized vehicles participating in land road traffic must comply with the regulations on quality, technical safety and environmental protection criteria.
It is strictly forbidden to transform automobiles of other types into passenger cars.
2. The means owners must not alter the structure, components and/or systems of automobiles against their designs made by the manufacturers or the modification designs already approved by competent bodies.
3. Automobiles participating in land road traffic must be periodically inspected in terms of their technical safety and environmental protection criteria (hereinafter called expertise).
4. The heads of the expertising bodies and the persons directly performing the expertise shall be responsible for the confirmation of the expertise results.
5. The means owners and the car drivers shall have to maintain the technical status of the means according to the prescribed criteria when participating in land road traffic between two expertise periods.
6. The Minister of Communications and Transport shall stipulate and organize the inspection of the quality, technical safety and expertise of motorized vehicles of various kinds; the Minister of Defense and the Minister of Public Security shall stipulate and organize the expertise of army and police motorized vehicles used for defense and security purposes.
Article 51.- Conditions for rudimentary vehicles to join in traffic
When join in traffic, the rudimentary vehicles of all kinds must satisfy the conditions on land road traffic safety.
Basing themselves on resolutions of the provincial-level People’s Councils on the requirements to ensure local traffic order and safety, the provincial-level People’s Committees shall specify the safety conditions, operation scope, registration papers and number plates granted to rudimentary vehicles of various kinds in their respective localities.
Article 52.- Conditions for special-use vehicles and machines to join in traffic
1. Satisfying the following quality, technical safety and environmental protection criteria:
a) Having enough effective brake systems;
b) Having effective direction-changing system;
c) Having head lights;
d) Ensuring operators view;
e) The special-use parts must be installed firmly at the right places, ensuring safety while on the move;
f) Having silencers, exhaust pipes.
2. Having registration papers and number plates granted by competent State bodies.
3. Operating within the prescribed scope, ensuring safety for people, means and road works while on the move.
4. The manufacture, assembly, modification, repair and import of special-use motorized vehicles and machines of various kinds must comply with the regulations on quality, technical safety and environmental protection criteria.
5. The owners and operators of special-use vehicles and machines shall have to maintain the state of technical safety and expertise as prescribed for special-use vehicles and machines when joining in land road traffic.
6. The Minister of Communications and Transport shall specify the technical safety criteria, the granting of registration papers and number plates; define the list of special-use vehicles and machines subject to expertise and organize the expertise; the Minister of Defense and the Minister of Public Security shall stipulate and organize the granting of registration papers and number plates as well as the expertise of assorted army and police special-use vehicles used for defense and security purposes.
CONDITIONS FOR MEANS OPERATORS TO PARTICIPATE IN LAND ROAD TRAFFIC
Article 53.- Conditions for motorized vehicle drivers to participate in traffic
1. Drivers participating in traffic must have the proper driving licenses for the vehicle types they are permitted to operate, which are granted by competent State bodies.
2. The vehicle drivers must be in the age brackets and in good health as prescribed by this Law.
3. The driving trainees, when participating in traffic, must practice on driving practice vehicles and have their driving supported by instructors.
Article 54.- Driving licenses
1. Depending on types, engine capacity, tonnage and utility of motorized vehicles, the driving licenses are classified into indefinite driving licenses and definite driving licenses.
2. The indefinite driving licenses include the following grades:
a) Grade A1, granted to drivers of motorized two-wheelers with the engine capacity of between 50 cm3 and under 175 cm3;
b) Grade A2, granted to drivers of motorized two-wheelers with the engine capacity of 175 cm3 or higher and vehicle types prescribed for A1-grade driving licenses;
c) Grade A3, granted to drivers of motorized three-wheelers, vehicle types prescribed for A1- grade driving licenses and similar vehicles.
3. The definite driving licenses include the following grades:
a) Grade A4, granted to drivers of tractors of a tonnage of up to 1,000 kg;
b) Grade B1, granted to drivers of cars of up to 9 seats, trucks and tractors of a tonnage of under 3,500 kg;
c) Grade B2, granted to professional drivers, drivers of cars of up to 9 seats, trucks and tractors of a tonnage of under 3,500 kg;
d) Grade C, granted to drivers of trucks and tractors of a tonnage of 3,500 kg or higher and vehicle types prescribed for licenses of grades B1 and B2;
e) Grade D, granted to drivers of passenger cars of between 10 and 30 seats and vehicle types prescribed for licenses of grades B1, B2 and C;
f) Grade E, granted to drivers of passenger cars of over 30 seats and vehicle types prescribed for licenses of grades B1, B2, C and D;
g) Driving licenses of grades FB2, FC, FD and FE, granted to drivers who have already obtained driving licenses of grades B2, C, D or E to drive vehicles prescribed for these grades of driving licenses when pulling trailers.
4. The driving licenses are valid nationwide.
5. Driving licenses shall be withdrawn definitely or indefinitely under the regulations of the Government.
Article 55.- Ages and health of vehicle drivers
1. The drivers age brackets are prescribed as follows:
a) Persons aged full 16 years or older may drive mopeds with the engine capacity of under 50 cm3;
b) Persons aged full 18 years or older may drive motorized two-wheelers, motorized three-wheelers with the engine capacity of 50 cm3 or higher and vehicles with similar structure; trucks, tractors with a tonnage 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 tonnage of 3,500 kg or more; passenger cars of between 10 and 30 seats;
d) Persons aged full 25 years or older may drive passenger cars of over 30 seats;
e) The maximum age of the drivers of 30 seat-plus passenger cars shall be 50 for women and 55 for men.
2. Drivers must have good health suitable to the types and utility of vehicles they drive. The Minister of Communications and Transport shall consult with the Health Minister in specifying the health conditions for drivers as well as the periodical health checks for automobile drivers.
Article 56.- Training of drivers, examination to grant driving licenses
1. The drivers training establishments must comply with the content and program prescribed for each kind and grade of driving license.
2. Persons who have demand to be granted driving licenses of grades B2, C, D, E and driving licenses of grade F must be trained on the full-time basis at training establishments.
3. The training for upgrading of driving licenses shall be carried out for the following cases:
a) Upgrading of driving licenses from grade B1 to grade B2;
b) Upgrading of driving licenses from grade B2 to grade C or grade D;
c) Upgrading of driving licenses from grade C to grade D or grade E;
d) Upgrading of driving licenses from grade D to grade E;
e) Upgrading of driving licenses from grades B2, C, D and E to grades of driving licenses for corresponding automobiles with trailers.
4. Persons who have a demand to be trained for upgrading of their driving licenses, apart from having to satisfy the conditions prescribed in Clause 3 of this Article, must have enough driving duration and the number of safe driving kilometers prescribed for each grade of driving license.
5. The training of drivers of passenger cars of 10 seats or more and drivers of traffic automobiles may only be effected in form of training for upgrading under the conditions prescribed in Clauses 3 and 4 of this Article.
6. Drivers training establishments must fully satisfy conditions on classrooms, driving practice yards, driving practice cars, contingents of teachers, teaching materials, teaching plans and must be licensed as prescribed.
7. The examination for granting of driving licenses must be carried out at drivers examination centers. The drivers examination centers must be built according to planning, with material- technical foundations meeting the requirements of examining drivers as prescribed.
8. The drivers examiners must have the examiner’s card and take responsibility for the results of their examination.
9. Persons who have been trained and passed the examinations shall be granted the driving licenses of the right grades they have passed.
In case of definite driving licenses, before their expiry, the drivers shall go through heath checks and carry out the prescribed procedures for renewal of their driving licenses.
10. The Minister of Communications and Transport shall specify the training contents and programs; examine, grant and renew driving licenses; the Minister of National Defense, the Minister of Public Security shall specify the organization of training, examinations, granting and renewal of driving license for army and polices forces performing the defense and security tasks.
Article 57.- Conditions for special-use vehicles and machines to participate in traffic
1. Having to obtain the certificate of fostering on knowledge about land road traffic legislation, licenses or certificates for operating special-use vehicles and machines, granted by establishments which train drivers of special-use vehicles and machines.
2. Being in the age groups and in health conditions suitable to their working occupations.
Article 58.- Conditions for rudimentary vehicle drivers to participate in traffic
1. Being knowledgeable about land road traffic rules.
2. Having good health required for safe operation of vehicles.
LAND ROAD TRANSPORTATION
Article 59.- Land road transportation activities
Land road passenger transportation and cargo transportation activities mean the activities under the conditions prescribed by law, which must be strictly managed in order to ensure land road traffic order and safety.
Article 60.- Working duration of automobile drivers
In a day, the working duration of an automobile driver must not exceed 10 hours and the drivers must not be on the wheel for more than four hours in a row.
Article 61.- Passenger transportation by car
1. Mass transit cars must run on certain routes prescribed by the Minister of Communications and Transport.
2. The means owners shall have to observe the following regulations:
a) The regulations on passenger transportation;
b) Strictly observing the transportation schedules and itineraries already approved by competent State bodies;
c) Not giving cars to unqualified persons to drive.
3. Drivers of passenger cars, apart from observing the provisions in Clause 2 of this Article, shall also have to abide by the following regulations:
a) Checking their cars to ensure the safety thereof before leaving the terminals;
b) Guiding guests to sit at their right places;
c) Checking the arrangement and tying up baggage, cargoes to ensure safety;
d) Applying measures to protect the passengers properties and maintain order in their cars;
e) Closing doors before and during the time the cars run;
f) Taking, discharging passengers at the prescribed places;
g) Not transporting illegal goods;
h) Not carrying people on cars roofs and letting people cling to the outside of their cars;
i) Not transporting dangerous goods, fetid goods, diseased animals or goods adversely affecting the passengers health;
j) Not transporting passengers, baggage and cargoes beyond the cars designed tonnage;
k) Not piling goods in passengers cabins.
4. Passengers onboard cars must abide by the following regulations:
a) Strictly following the drivers guidance on observance of regulations on traffic safety;
b) Not carrying goods banned from transport.
Article 62.- Organization and operation of passenger car terminals
1. The car terminal management boards shall have the following tasks:
a) To organize the sale of tickets to passengers, arrange cars entry into the terminals to take passenger, discharge passengers, ensuring order and safety;
b) To examine the observance of regulations on land road passenger transportation in the terminals;
c) To organize the provision of services for the inspection, maintenance and repair of cars safety systems as well as other services for passengers in order to ensure order and safety in terminals as well as traffic safety.
2. The Minister of Communications and Transport shall specify the organization and management of operation of passenger car terminals.
Article 63.- Goods transportation by automobiles
1. The transportation of goods by automobiles must comply with the following regulations:
a) Goods transported on automobiles must be tidily arranged and firmly tied up;
b) When transporting unpacked goods, there must be roofs, covering sheets in order to avoid drop of goods.
2. The following acts are prohibited:
a) Transporting goods beyond the designed tonnage and/or beyond the permitted size limits of automobiles;
b) Carrying people in cars trunks;
c) Transporting illegal goods.
3. The provisions at Point b, Clause 2 of this Article shall not apply to the following cases:
a) Cars carrying people for the performance of tasks of natural disaster prevention and combat or the performance of urgent tasks; cars carrying people for parades and in a number of other special cases prescribed by the Government.
b) Cars carrying road maintenance workers; driving practice vehicles carrying driving trainees; vehicles carrying parade people in convoys and a number of other special cases stipulated by the Government.
Article 64.- Transporting superlong and/or superheavy goods
1. Superlong or superheavy goods are goods with the actual size or weight of each package exceeding the permitted prescribed limits, but cannot be disassembled.
2. Superlong or superheavy goods must be transported on automobiles suitable to such type of goods and the land road use permit granted by competent State bodies is required.
3. Automobiles carrying superlong or superheavy goods must run at speeds prescribed in the permits and have signs signaling sizes of goods; in necessary cases, people must be arranged to conduct traffic in order to ensure traffic safety.
4. The Minister of Communications and Transport shall specify the transportation of superlong and superheavy goods.
Article 65.- Transportation of dangerous goods
1. Automobiles carrying dangerous goods must acquire permits granted by competent State bodies.
2. Automobiles carrying dangerous goods must not stop and/or park at crowded places or danger-prone places.
3. The Government shall determine the list of dangerous goods, the transportation of dangerous goods and competence to grant permits for transportation of dangerous goods.
Article 66.- Land road transportation activities in urban areas
1. Buses must run on the right routes, according to the right schedules and stop or park at the right places as prescribed.
2. Drivers of passenger taxi or cargo taxi shall take and discharge passengers or cargoes according to the agreement between passengers or goods owners and the taxi drivers but must abide by the regulations on traffic safety.
3. Public sanitation automobiles, vehicles carrying waste or unpacked materials must be fully covered in order to avoid the drop thereof on streets and other lorries must operate on the right routes, scopes and time prescribed for each type of car.
4. The provincial-level People’s Committees shall specify the land road transportation activities in urban areas.
Article 67.- Transportation of passengers, goods by rudimentary vehicles, mopeds, motorized two-wheelers, motorized three-wheelers and the like
The use of rudimentary vehicles, mopeds, motorized two-wheelers, motorized three-wheelers and the like for the transportation of passengers and/or goods must comply with the regulations on traffic order and safety.
Basing themselves on the guidance of the Minister of Communications and Transport, the provincial-level People’s Committees shall detail the implementation of this Article.
STATE MANAGEMENT OVER LAND ROAD TRAFFIC
Article 68.- Contents of State management over land road traffic
1. Working out strategies, plannings, plans and policies on investment in the development of land road traffic; drawing up and directing the implementation of national programs on traffic safety as well as measures to ensure smooth and safe land road traffic.
2. Promulgating and organizing the implementation of, legal documents on land road traffic.
3. Propagating, disseminating and educating on land road traffic legislation.
4. Organizing, managing, maintaining, protecting land road traffic infrastructures.
5. Registering, granting and withdrawing number plates of land road traffic means; granting, withdrawing certificates of quality, technical safety and environmental protection of land road traffic means.
6. Managing the training and testing of drivers; granting, renewing, withdrawing driving licenses.
7. Organizing the research into and application of land road traffic sciences and technologies; training land road traffic officials and technicians.
8. Inspecting, examining and settling complaints, denunciations; handling violations of land road traffic legislation.
9. Undertaking international cooperation on land road traffic.
Article 69.- Responsibility for the State management over land road traffic
1. The Government shall exercise the unified State management over land road traffic.
2. The Ministry of Communications and Transport shall be responsible before the Government for exercising the State management over land road traffic.
3. The Ministry of Public Security shall discharge the tasks of State management over land road traffic under the provisions of this Law and relevant legislation; coordinate with the Ministry of Communications and Transport in applying measures to ensure traffic order and safety.
The Ministry of Public Security and the Ministry of Communications and Transport shall have to coordinate with each other in supplying data on registration of land road traffic means, data on traffic accidents and in granting, renewing as well as withdrawing driving licenses.
4. The Ministry of National Defense shall discharge the tasks of State management over land road traffic under the provisions of this Law and relevant legislation.
5. The ministries, ministerial-level agencies and agencies attached to the Government shall, within the scope of their tasks and powers, have to coordinate with the Ministry of Communications and Transport in exercising the State management over land road traffic.
6. The People’s Committees of all levels shall, within the scope of their tasks and powers, organize the implementation of the State management over land road traffic and have to organize the application of measures to ensure land road traffic order and safety and protect land road traffic infrastructures in their respective localities.
Article 70.- Land road traffic inspectorate
1. Land road traffic inspectorate is the specialized inspectorate.
2. The land road traffic inspectorate shall have the following tasks:
a) To inspect the observance of law provisions on protection of land road traffic infrastructures, technical criteria of land road works and means participating in traffic at static traffic points;
b) To inspect the training and testing of drivers, the granting, renewal and withdrawal of driving licenses. The inspection and testing of army and police car drivers shall be stipulated by the Minister of National Defense and the Minister of Public Security;
c) To inspect the observance of law provisions on transport activities at static traffic points.
3. The land road traffic inspectorate shall have the powers:
a) To request concerned agencies, organizations and/or individuals to supply documents and answer questions on matters necessary for the inspection;
b) To make records and propose settling measures;
c) To impose administrative sanctions under the provisions of law.
4. Inspection delegations and inspectors shall be accountable before law for their decisions.
5. The Government shall specify the organization and operation of the land road traffic inspectorate.
Article 71.- Rights and obligations of the inspected subjects
1. The inspected subjects shall have the following rights:
a) To request the inspection teams to produce decisions on inspection and inspectors to produce the inspector’s card and observe the legislation on inspection;
b) To lodge complaints, denunciations and/or to initiate lawsuits to competent State bodies about inspection decisions, inspectors acts and/or inspection conclusions when having grounds to believe that such have been made not according to law;
c) To demand compensation for damage caused by unlawful handling measures of the inspection teams or inspectors.
2. The inspected subjects shall be obliged to satisfy the demand of the inspection teams and inspectors; create conditions for them to discharge their tasks; abide by the handling decisions of the inspection teams and inspectors as provided for by law.
Article 72.- Patrol and control by land road traffic police
The land road traffic police shall conduct patrols and control in order to check people and means participating in land road traffic; handle violations of legislation on land road traffic by people and means participating in land road traffic and take responsibility before law for their decisions.
The Minister of Public Security shall specify the tasks and powers of land road traffic police regarding patrol and control.
Article 73.- Right to make complaints, denunciations, lawsuits
1. Agencies, organizations and individuals shall have the right to make complaints and lawsuits against decisions or handling measures of inspection teams, inspectors and/or traffic police according to law provisions.
2. Individuals shall have the right to denounce to competent State bodies acts of violating legislation on land road traffic.
3. Agencies receiving complaints, denunciations and/or lawsuits shall have to consider and settle them in time as provided for by law.
COMMENDATION, HANDLING OF VIOLATIONS
Article 74.- Commendation
Agencies, organizations and individuals that record achievements in the implementation of the Law on Land Road Traffic shall be commended and/or rewarded according to law provisions.
Article 75.- Handling of violations
1. Those who commit acts of violating the provisions of this Law shall, depending on the nature, seriousness and consequences of their violations, be administratively sanctioned or examined for penal liability; if causing damage, they must compensate therefor according to the provisions of law.
2. Those who abuse their positions and powers in land road traffic activities to cause troubles, harassment, to take bribes or fail to fulfill their assigned tasks, thus causing land road traffic unsafety shall, depending on the nature and seriousness of their violations, be disciplined or examined for penal liability; if causing damage, they must pay compensation therefor according to law provisions.
Article 76.- Implementation effect
This Law shall take implementation effect as from January 1, 2002.
The previous provisions contrary to this Law shall all be annulled.
Article 77.- Implementation guidance
The Government shall detail and guide the implementation of this Law.
This Law was passed by the X th National Assembly of the Socialist Republic of Vietnam at its 9th session on June 29, 2001.
CHAIRMAN OF THE NATIONAL ASSEMBLY