Are using mobile phone while operating cars subject to fines up to VND 6,000,000 from January 1, 2025? Which cars are exempt from registration fee in Vietnam?

Are using mobile phone while operating cars in Vietnam subject to fines up to VND 6,000,000 from January 1, 2025?

Based on point h, clause 5, Article 6 of Decree 168/2024/ND-CP which stipulates the penalties for drivers of automobiles violating road traffic regulations as follows:

Penalties and License Point Deductions for Drivers of Automobiles, Motorized Four-wheeled Passenger Cars, Motorized Four-wheeled Cargo Vehicles and Similar Vehicles Violating Road Traffic Rules

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5. Fines ranging from 4,000,000 VND to 6,000,000 VND for drivers committing one of the following violations:

a) Overtaking in situations where overtaking is not allowed, overtaking in sections of the road with signage prohibiting overtaking (for the vehicle being driven); failing to signal before overtaking or signaling but not maintaining the signal throughout the process of overtaking; overtaking on the right side when not permitted;

b) operating not on the right side relative to the direction of travel; operating not in accordance with the designated lane or road (same-direction lane or opposite-direction lane) except as defined in point a, clause 4 of this Article; operating across a fixed median between two road sections;

c) Failing to yield to oncoming vehicles properly (except for violations using high beams when avoiding oncoming traffic defined at point b, clause 3 of this Article); failing to yield to oncoming vehicles as per regulations on narrow roads, hill roads, places with obstacles;

d) Not complying with regulations when entering or exiting expressways; operating in the emergency stop lane or shoulder of the expressway; not complying with safe distance regulations concerning vehicles immediately ahead while on the expressway;

đ) operating over the designated speed limit by 10 km/h to 20 km/h;

e) Vehicles without priority installing or using priority vehicle signal devices;

g) Changing lanes not at designated points or without prior signals or not conforming to the rule “only switching to one adjacent lane per lane change” while on the expressway;

h) Using a hand-held phone or other electronic devices while operating on the road;

i) operating into restricted areas, roads with no-entry signage for the vehicle being operated, except the violations defined at point d clause 9, point đ clause 11 of this Article, prohibited entry into hydraulic structures and cases where priority vehicles are on an emergency duty as per the regulations;

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16. In addition to being fined, drivers committing violations will have their license points deducted as follows:

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b) Committing the acts defined at point h clause 5; clause 6; point b clause 7; points b, c, d clause 9 of this Article will result in a deduction of 4 license points;

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As of January 1, 2025, the act of using a mobile phone while operating a car may be subject to administrative penalties with fines ranging from 4,000,000 VND to 6,000,000 VND. Besides monetary fines, drivers using mobile phones while operating a car will also have 4 points deducted from their driver's license.

Thus, using a mobile phone while operating can incur fines up to 6 million VND.

Are using mobile phone while operating cars subject to fines up to VND 6,000,000 from January 1, 2025? Which cars are exempt from registration fee in Vietnam? (Image from Internet)

Which cars are exempt from registration fee in Vietnam?

Based on clause 21, Article 10 of Decree 10/2022/ND-CP and Article 5 of Circular 13/2022/TT-BTC, certain types of cars exempt from registration fee include:

- Fire trucks, ambulances, X-ray vehicles, rescue vehicles (including tow trucks, vehicle carriers); garbage trucks, water spray trucks, water spray tankers, street sweepers, vacuum trucks, waste collection trucks; specialized vehicles, motorized vehicles for war veterans, wounded soldiers, and disabled individuals registered under the names of war veterans, wounded soldiers, and disabled individuals.

- Cars owned by foreign organizations and individuals as follows:

+ Diplomatic representative agencies, consular offices, representative offices of international organizations within the United Nations system.

+ Diplomatic officers, consular officers, administrative-technical staff of diplomatic representative agencies, consular offices, members of representative offices of international organizations within the United Nations system and their family members who are not Vietnamese citizens or residents in Vietnam, who are issued diplomatic or official identity cards by the Vietnamese Ministry of Foreign Affairs.

+ Foreign organizations and individuals not falling under the above categories but are exempt or not required to pay registration fee according to international commitments to which the Socialist Republic of Vietnam is a member.

- Cars of organizations and individuals, previously issued a certificate of ownership and use, are exempted from registration fee upon re-registering ownership and use in the following cases:

+ Cars issued with ownership and use certificates by competent authorities of the Democratic Republic of Vietnam, the Provisional Revolutionary Government of the Republic of South Vietnam, the Socialist Republic of Vietnam, or authorities under old policies, now exchanged for new certificates without changing the owner.

+ Cars of state-owned enterprises, public service providers converted into joint-stock companies or restructured as per legal provisions.

+ Cars jointly owned by families or family members when divided among family members according to law, assets pooled by spouses after marriage; assets divided between spouses upon divorce as per court's effective judgment or decision.

+ Cars of organizations and individuals, previously issued a certificate of ownership and use, are re-issued the certificate due to loss, damage, blur, or wear. Organizations and individuals need not declare, apply for exemption procedures when issued a replacement certificate by competent authorities.

- Cars of organizations and individuals, having paid registration fee (except cases exempted from registration fee), transferred to other organizations and individuals for ownership and use registration are exempted from registration fee in the following situations:

+ Organizations, individuals, cooperative members investing their cars as capital into businesses, credit institutions, cooperatives; dissolution, division, or withdrawal of capital from businesses, credit institutions, cooperatives for organizations, individuals who had previously contributed.

+ Cars internally transferred within a business or administrative units as per the decision of competent authorities.

- Cars of organizations and individuals, having paid registration fee divided or invested due to division, separation, merger, consolidation, rebranding of organizations as per competent authority's decision.

- Cars of organizations and individuals, having paid registration fee transferred to the locality of use without changing the owner.

- Public transport passenger vehicles using clean energy.

- Specialized vehicles, assets for public management serving national defense and security exempted from registration fee as stipulated in clause 13, Article 10 of Decree 10/2022/ND-CP, including:

Vehicles belonging to the special asset list or specialized used assets for national defense and security management as per legal provisions, issued vehicle registration by the Ministry of Defense, Ministry of Public Security, or authorized units of the Ministry of Defense, competent authority of the Ministry of Public Security.

Is a car subject to excise tax in Vietnam?

According to Article 2 of Law on excise tax 2008 (as amended by clause 1, Article 1 of Law on Amendments to Law on excise tax 2014), the subjects to excise tax include:

Taxable Subjects

1. Goods:

a) Cigarettes, cigars, and other products made from tobacco for smoking, inhaling, chewing, sniffing, sucking;

b) Alcohol;

c) Beer;

d) Cars under 24 seats, including those designed to transport both passengers and cargo with at least two rows of seats, with a fixed partition between the passenger and cargo spaces;

dd) Motorcycles with engine capacity over 125cc;

e) Airplanes, yachts;

g) Gasoline of all kinds;

h) Air conditioners with capacities up to 90,000 BTU;

i) Playing cards;

k) Votive papers and objects.

2. Services:

a) Nightclub business;

b) Massage, karaoke business;

c) Casino business; prize-winning electronic games including jackpot machines, slot machines, and similar types;

d) Betting business;

dd) Golf business including selling membership or golf playing tickets;

e) Lottery business.

Thus, according to the regulations, cars under 24 seats (including those designed to transport both passengers and cargo with at least two rows of seats, with a fixed partition between the passenger and cargo spaces) are subject to excise tax.