Decree 168 on traffic of Vietnam: All penalties for road traffic offences in Decree 100 annulled?

Decree 168 on traffic of Vietnam: All penalties for road traffic offences in Decree 100 annulled?

Based on Article 52 of Decree 168/2024/ND-CP, which stipulates the amendments and supplements to certain articles of Decree 100/2019/ND-CP on administrative penalties in the domain of road and railway traffic (as amended and supplemented by Decree 123/2021/ND-CP), it states as follows:

Amend and supplement certain articles of Decree No. 100/2019/ND-CP dated December 30, 2019 of the Government of Vietnam prescribing administrative penalties in the realm of road and railway traffic, amended and supplemented by Decree No. 123/2021/ND-CP dated December 28, 2021 of the Government of Vietnam amending and supplementing certain articles of Decrees prescribing administrative penalties in maritime; road, railway traffic; and civil aviation

1. Supplement Clause 2a after Clause 2 of Article 1 as follows:

"2a. The form, level of penalty, remedial measures for each administrative violation; authority to make records, authority to impose penalties, specific fines for each title in terms of traffic order and safety in the field of road traffic shall comply with the regulations in the Decree on prescribing administrative penalties for traffic order and safety violations in the field of road traffic; excluding point deduction, recovery of driving license points."

2. Amend and supplement some points of Clause 6, Article 28 as follows:

a) Amend and supplement point d of Clause 6, Article 28 as follows:

"d) Failure to accurately execute the registered and posted contents regarding: tariffs; service prices; standards of quality for transportation services, supportive transport services;";

b) Amend and supplement point i of Clause 6, Article 28 as follows:

"i) Using transport business vehicles which quality does not meet the registered business type's conditions;".

3. Amend and supplement points a and b of Clause 10, Article 28 as follows:

"a) Committing violations stipulated at points a, b, d, đ, h, l, o, p, r, s, t of Clause 4; points d, i, k, l, n, q of Clause 6; point e of Clause 7 in this Article shall result in a suspension of emblem use from 01 month to 03 months (if available or already granted) for the violating vehicle;

b) Committing violations stipulated at points i, k of Clause 4; point h of Clause 6; point b of Clause 7 in this Article shall lead to a suspension of transport business license from 01 month to 03 months;".

4. Amend and supplement point h of Clause 11, Article 28 as follows:

"h) Committing violations stipulated at point n of Clause 6 in this Article shall require installing taximeter, invoice printing device on vehicles compliant with;".

5. Amend and supplement some points, clauses of Article 74 as follows:

a) Amend and supplement point b of Clause 2, Article 74 as follows:

"b) Points a, b, d, đ of Clause 2; points b, c, d, e of Clause 3; Clause 4; point b of Clause 5; points a, b, c, d, h of Clause 6, Article 12;";

b) Amend and supplement point e of Clause 2, Article 74 as follows:

"e) Points a, b, c, d, dd, i of Clause 2; points a, b, c, d, dd, p of Clause 4; points d, i, n, q of Clause 6; points a, b, c of Clause 7, Article 28;";

c) Amend and supplement point g of Clause 2, Article 74 as follows:

"g) Article 31;";

d) Amend and supplement point m of Clause 5, Article 74 as follows:

"m) Points a, b, c, d, dd, i of Clause 2; points b, c of Clause 3; points a, b, c, d, dd, h, i, k, l, m, n, o, p, r, s, t of Clause 4; points a, b, d, h, i, k, l, n, q of Clause 6; points a, b, c, d, e, g, k of Clause 7; points c, d of Clause 8, Article 28;";

dd) Amend and supplement point o of Clause 5, Article 74 as follows:

"o) Article 31;".

6. Amend and supplement some points, clauses of Article 80 as follows:

a) Amend and supplement point i of Clause 3, Article 80 as follows:

"i) Violations regarding tariff regulations stipulated in Article 23 (point l, Clause 3), Article 31 (Clauses 2, 3) and corresponding violations stipulated in Article 28 (point d, Clause 6), in cases where the transport business individual is the direct vehicle operator or staff serving on vehicles, penalties shall be imposed according to the regulations at point d, Clause 6, Article 28 of this Decree;";

b) Amend and supplement point l of Clause 3, Article 80 as follows:

"l) Violations concerning passenger transport business by contract regulations in Article 23 (point n, Clause 5) and corresponding violations stipulated in Article 28 (point p, Clause 4), in instances where the transport business individual is the direct vehicle operator, penalties shall be imposed according to the respective sections and clauses of Article 28 of this Decree;";

c) Amend and supplement the beginning paragraph of Clause 5, Article 80 as follows:

"5. Regarding violations of regulations on carrying more persons than allowed for the vehicle, violations regarding vehicle load, bridge, and road regulations stipulated in Article 65 of this Decree, vehicle operators, vehicle owners, transport business units, supportive transport service units, individuals, and organizations loading goods onto railway transport, must cease the violation according to the following specific provisions:".

7. Amend and supplement Clause 4, Article 82 as follows:

"4. When a vehicle is seized based on Clause 2 of this Article, the vehicle owner must bear all costs (if any) for using another vehicle to transport persons or goods carried on the detained vehicle.".

8. Abolish certain points, clauses, articles as follows:

a) Abolish Clause 1, Article 3;

b) Abolish points b, e, g, k, l, m, q, r, t, u, v, x, y of Clause 2, Article 4;

c) Abolish point a, Clause 1, Article 4a;

d) Abolish Articles 5, 6, 7, 8, 9, 10, 11;

đ) Abolish Clause 1; point c, Clause 2; points a, đ, Clause 3; points c, d, Clause 5; points e, g, i, Clause 6; Clause 7; point a, Clause 8, Article 12;

e) Abolish Articles 16, 17, 18, 19, 20, 21, 22;

g) Abolish point a, Clause 1; Clause 2; points a, b, c, d, đ, e, g, h, k, m, n of Clause 3; Clause 4; points a, b, c, d, đ, e, h, i, k, l, m, o, p, q of Clause 5; Clause 6; Clause 7; Clause 7a, Article 23;

h) Abolish Clause 1; Clause 2; Clause 3; points b, c, Clause 4; Clause 5; Clause 6; Clause 7; Clause 8; Clause 8a; Clause 9, Article 24;

i) Abolish Articles 25, 26, 27;

k) Abolish Clause 1; points e, g, h, Clause 2; point a, Clause 3; points a, e, g, q, of Clause 4; Clause 5; points c, đ, e, g, m, o, p, Clause 6; points đ, h, i, Clause 7; points a, b, Clause 8; Clause 9; points c, d, đ, Clause 10; points c, d, i, Clause 11, Article 28;

l) Abolish Articles 29, 30, 32, 33, 34, 35, 36, 37, 38;

m) Abolish points a, đ, h, Clause 2; points a, b, c, d, g, h, i, Clause 3; points a, b, c, d, đ, e, i, k, l, Clause 4; points a, b, c, d, đ, g, h, i, k, l, n, p, q, Clause 5; Clause 6; points a, c, d, Clause 8, Article 74;

n) Abolish points a, b, c, d, đ, e, g, h, k, n, Clause 3; Clause 4; points a, b, c, d, e, Clause 5; Clause 8; Clause 10; Clause 12, Article 80;

o) Abolish points b, g, h, i, Clause 1; Clause 6, Article 81;

p) Abolish Clause 1, Clause 3, Article 82.

9. Remove certain phrases at points, clauses, articles as follows:

a) Remove the phrase "camera", the phrase "seat belt", and the phrase "journey monitoring device" at point p, Clause 2, Article 4;

b) Remove the phrase "point a" at point c, Clause 1, Article 4a;

c) Remove the phrase "Unlawfully utilizing urban roadsides, sidewalks for: holding markets; conducting food, beverage services; displaying, selling goods; repairing vehicles, machinery, equipment; washing vehicles; installing, hanging signboards, advertisements;" and the phrase ", excluding violations stipulated at point d, đ, e, g, Clause 6; Clause 7; point a, Clause 8 in this Article" at point b, Clause 5, Article 12;

d) Remove the phrase "Article 9, Article 10, Article 11," at point đ, Clause 3, the phrase "Article 32, Article 34;" at point k, Clause 3, the phrase "point a, Clause 2, Article 16; point a, Clause 6, Article 23; point a, Clause 2, Article 32" at Clause 3a, and the phrase "Point a, Clause 1," at point g, Clause 4, Article 74.

Therefore, Decree 168 does not abolish all regulations on administrative penalties in the field of road and railway traffic in Decree 100 but only amends, supplements, and abolishes some points, clauses, articles.

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>> Public Consultation on Decree 168: Amendments, Supplements to Traffic Penalties in Decree 100?

Decree 168 on traffic of Vietnam: All penalties for road traffic offences in Decree 100 annulled? (Image from Internet)

What are penalties for road traffic offences for motorbycles in Vietnam according to Decree 168?

According to Article 7 of Decree 168/2024/ND-CP, regulations on penalties for road traffic offences for motorbycles in 2025 are specified as follows:

(1) A fine from 200,000 VND to 400,000 VND for motorbike operators committing any of the following violations:

(i) Failing to signal before overtaking or having a signal but not using it throughout the overtaking process;

(ii) Reversing a three-wheeled motorcycle without observing both sides or rear, or without a reverse signal;

(iii) Carrying passengers who hold umbrellas;

(iv) Not complying with the regulations on giving way at intersections, except for violations stipulated in (iii), (iv) in (6)

(v) Changing lanes in an unauthorized location, without signaling, or changing lanes not conforming to "each time only one lane adjacent change is allowed";

(vi) Failing to use headlights between 6:00 PM from the previous day to 6:00 AM the next day or during fog, smoke, dust, rain, and adverse weather conditions limiting visibility;

(vii) Improperly avoiding vehicles; using high beams when encountering pedestrians, traversing illuminated residential areas, or when meeting oncoming traffic (except when there is an anti-glare median), or changing direction at intersections; failing to yield to oncoming vehicles as required on narrow roads, slopes, or where obstacles exist;

(viii) Using the horn between 10:00 PM and 5:00 AM in densely populated areas or near healthcare facilities, except for emergency vehicles;

(ix) Driving below the minimum speed on roads specified for minimum speed limits.

(x) Non-compliance with the instructions of traffic signs, lane markings, except for violations defined in (ii), (iv), (v) in (2); (i), (iii), (iv), (viii) in (3); (i), (ii), (iii), (iv) in (4); (ii), (iii) in (6); (i), (ii), (iii) in (7); (i) in (8); (ii) in (9); (i) in (10);

(2) A fine from 400,000 VND to 600,000 VND for motorbike operators committing any of the following violations:

(i) Stopping, parking on the roadway outside urban areas where there are road shoulders;

(ii) Driving over the speed limit by 5 km/h to under 10 km/h;

(iii) Driving slowly without keeping to the right side, obstructing traffic;

(iv) Stopping or parking on the road obstructing traffic; assembling three or more vehicles on the road, in tunnels; illegal parking or leaving vehicles on the road or pavements;

(v) Unauthorized fitting or using signaling devices of emergency vehicles;

(vi) Stopping or parking at passenger pickup and dropoff points, at intersections, on pedestrian crossings; stopping at "No stopping and parking" signs; parking at "No parking" or "No stopping and parking" signs; non-compliance with parking regulations at level crossings with railways; stopping or parking within railway safety corridors;

(vii) Carrying two people, except in cases of transporting the ill for emergency, children under 12, the elderly, disabled individuals, or escorting law violators;

(viii) Failing to wear a "motorcycle helmet" or wearing a "motorcycle helmet" without fastening the strap properly when operating on roads;

(ix) Carrying passengers who do not wear or improperly wear a "motorcycle helmet", except when transporting the ill for emergency, children under 6, or escorting law violators;

(x) Making U-turns at unauthorized locations, except for violations defined in (iv) in (4).(3) A fine ranging from VND 600,000 to VND 800,000 shall be imposed on drivers committing any of the following violations:

(i) Changing direction without looking or not ensuring a safe distance from the vehicle behind or not reducing speed or not signaling a turn or signaling a turn without continuous use during the turn (except when driving along the curved direction of a road section where roads do not intersect at the same level); driving left at a place with a sign prohibiting left turns for the type of vehicle being driven; driving right at a place with a sign prohibiting right turns for the type of vehicle being driven;

(ii) Carrying 03 or more people on the vehicle;

(iii) Stopping or parking the vehicle on a bridge;

(iv) Driving the vehicle not on the right side according to the traffic direction; driving not in the correct lane (same direction lane or opposite direction lane); driving the vehicle across the fixed median dividing two lanes of traffic;

(v) Overtaking on the right in cases where it is not allowed;

(vi) The operator or rider of the vehicle holding, pulling, or pushing another vehicle or object, leading animals, carrying bulky items; carrying persons standing on the saddle, load rack, or sitting on the handlebars of the vehicle;

(vii) Driving the vehicle while towing another vehicle or object;

(viii) Driving in a tunnel without using low-beam headlights;

(ix) Failing to maintain a safe distance causing a collision with the vehicle immediately ahead or failing to maintain the distance as stipulated by the "Minimum Distance Between Two Vehicles" sign;

(x) Driving in a horizontal line of 03 or more vehicles;

(xi) Priority vehicles equipped with, using unauthorized priority signal devices or using priority signal devices without a permit from the competent authority or with a permit from the competent authority that is no longer valid.

(4) A fine ranging from VND 800,000 to VND 1,000,000 shall be imposed on drivers committing any of the following violations:

(i) Driving a vehicle exceeding the speed limit by 10 km/h to 20 km/h;

(ii) Stopping or parking the vehicle in the wrong place in a road tunnel;

(iii) Overtaking in situations where overtaking is not allowed, overtaking on a stretch of road with a sign prohibiting overtaking for the type of vehicle being driven, except violations specified in (v) of (3);

(iv) Making a U-turn in a road tunnel;

(v) The operator of the vehicle using an umbrella, audio device (except hearing aids), using hand-held and using a phone or other electronic devices.

(5) A fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed on drivers committing any of the following violations:

(i) Operating a vehicle directly involved in a traffic accident without immediately stopping the vehicle, without preserving the scene, without assisting the victim, except for violations specified in (iii) of (9);

(ii) Changing direction without giving priority to pedestrians, wheelchairs of disabled persons crossing the road at pedestrian crossings; vehicles on the lane dedicated to bicycles;

(iii) Changing direction without yielding to oncoming vehicles; pedestrians, bicycles crossing where there is no pedestrian crossing.

(6) A fine ranging from VND 2,000,000 to VND 3,000,000 shall be imposed on drivers committing any of the following violations:

(i) Operating a vehicle on the road with alcohol concentration in the blood or breath, but not exceeding 50 milligrams/100 milliliters of blood or not exceeding 0.25 milligrams/1 liter of breath;

(ii) Entering prohibited areas or roads with signs prohibiting entry for the type of vehicle being operated, except for violations specified in (i), (ii) of (7) and for priority vehicles performing emergency tasks as stipulated;

(iii) Not reducing speed (or stopping) and yielding when driving from a non-priority road to a priority road, from a side road to a main road;

(iv) Not reducing speed and yielding to vehicles coming from the right at an intersection without a roundabout signal; not reducing speed and yielding to vehicles coming from the left at an intersection with a roundabout signal.

(7) A fine ranging from VND 4,000,000 to VND 6,000,000 shall be imposed on drivers committing any of the following violations:

(i) Driving against the direction of a one-way street, traveling against the direction on a road with a "No Entry" sign, except for violations in (ii) and for priority vehicles performing emergency tasks as stipulated; driving on the sidewalk, except when crossing the sidewalk to enter a house or office;

(ii) Operating the vehicle on an expressway, except for vehicles serving the management and maintenance of the expressway;

(iii) Disobeying traffic light signals;

(iv) Disobeying commands or instructions from traffic controllers or traffic police;

(v) Not yielding or obstructing priority vehicles with priority signals performing their duties.

(8) A fine ranging from VND 6,000,000 to VND 8,000,000 shall be imposed on drivers committing any of the following violations:

(i) Operating a vehicle exceeding the speed limit by more than 20 km/h;

(ii) Operating a vehicle on the road with alcohol concentration in the blood or breath exceeding 50 milligrams to 80 milligrams/100 milliliters of blood or exceeding 0.25 milligrams to 0.4 milligrams/1 liter of breath.

(9) A fine ranging from VND 8,000,000 to VND 10,000,000 shall be imposed on drivers committing any of the following violations:

(i) Operating a vehicle recklessly, swerving on the road; using the kickstand or other objects to scrape the road while the vehicle is moving;

(ii) Operating vehicles in groups of 02 or more exceeding the speed limit;

(iii) Causing a traffic accident without immediately stopping the vehicle, not preserving the scene, not assisting the victim, not staying at the scene or not reporting immediately to the nearest police station or People's Committee;

(iv) Operating a vehicle on the road with alcohol concentration in the blood or breath exceeding 80 milligrams/100 milliliters of blood or exceeding 0.4 milligrams/1 liter of breath;

(v) Not complying with the request for testing alcohol concentration by law enforcement officials;

(vi) Operating a vehicle on the road while under the influence of drugs or other intoxicating substances prohibited by law;

(vii) Not complying with the request for testing drugs or other intoxicating substances prohibited by law by law enforcement officials;

(viii) Sitting behind and reaching around the person in front to operate the vehicle, except when carrying children under 06 years of age sitting in front;

(ix) Operating vehicles in a procession causing traffic obstruction, except when licensed by a competent authority;

(x) Using horns, revving the engine (piping) continuously in densely populated areas, healthcare facilities, except for priority vehicles performing duties as regulated.

(10) A fine ranging from VND 10,000,000 to VND 14,000,000 shall be imposed on drivers committing any of the following violations:

(i) Operating a vehicle without observing, reducing speed, or stopping to ensure safety resulting in a traffic accident; driving exceeding the speed limit causing a traffic accident; entering the expressway, stopping, parking, making a U-turn, reversing, overtaking, changing direction, changing lanes improperly causing a traffic accident; not driving in the correct lane, not maintaining a safe distance between two vehicles as regulated causing a traffic accident or entering roads with signs prohibiting entry for the type of vehicle being driven, driving in the opposite direction of a one-way street, driving against the direction on a road with a "No Entry" sign causing a traffic accident;

(ii) Violations specified in any of the points and clauses below of this Article resulting in a traffic accident: (i), (iv), (v), (vii), (viii), (ix), (x) in (1); (iii), (v), (vii) in (2); (ii), (vi), (vii), (viii), (ix) in (3); (v) in (4); (iii), (iv) in (6); (iii), (iv), (v) in (7); (i), (ii), (viii), (x) in (9).

(11) Confiscation of vehicles shall be imposed on the drivers committing any of the following violations:

- Releasing both hands while driving; using feet to control the vehicle; sitting sideways to drive; lying on the vehicle's seat to drive; changing drivers while the vehicle is moving; turning around to control the vehicle or driving with blindfolds;

- Driving a two-wheeled vehicle on one wheel, driving a three-wheeled vehicle on two wheels;

- Repeated violation of reckless driving, swerving as specified in point a of clause 9 in Article 7 of Decree 168/2024/ND-CP.

(12) In addition to the main form of penalty, drivers committing violations shall be subject to the following additional penalties:

(i) Committing the violation specified in point đ of clause 2 of this Article also results in the confiscation of unauthorized priority signal devices;

(ii) Committing the violation specified in (i), (ii), (viii), (ix), (x) in (9) results in the suspension of the driver's license from 10 months to 12 months;

(iii) Committing the violation specified in (iv), (v), (vi), (vii) in (9); (11) results in the suspension of the driver's license from 22 months to 24 months.

(13) In addition to the penalty, drivers committing violations shall have driver’s license points deducted as follows:

(i) Committing the violation specified in (ii) in (3); (5); (ii), (ii), (iii) in (6); (i) in (7) results in 02 points deducted from the driver's license;

(ii) Committing the violation specified in (v) in (4); (i) in (6); (iii), (iv), (v) in (7); (i) in (8) results in 04 points deducted from the driver's license;

(iii) Committing the violation specified in (ii) in (7), (iii) in (9) results in 06 points deducted from the driver's license;

(iv) Committing the violation specified in (ii) in (8), (10) results in 10 points deducted from the driver's license.

Is registration fee required for motorcycles in Vietnam?

According to Article 3 of Decree 10/2022/ND-CP stipulating the subjects subject to registration fee as follows:

Subjects subject to registration fee

1. Houses, land.

2. Hunting guns; guns used for training and sports competitions.

3. Ships as prescribed by the law on inland waterway traffic and the law on maritime (hereinafter referred to as vessels), including barges, motorboats, tugboats, pushers, submarines, and submersibles; excluding floating docks, floating storage and mobile rigs.

4. Boats, including yachts.

5. Aircraft.

6. Two-wheeled motorcycles, three-wheeled motorcycles, mopeds, and similar vehicles required to be registered and numbered by a competent state agency (hereinafter collectively referred to as motorcycles).

7. Cars, trailers, or semi-trailers towed by cars, similar vehicles required to be registered and numbered by a competent state agency.

8. Hulls, chassis assembly, engine assembly, body (block) of assets specified in clause 3, clause 4, clause 5, clause 6, and clause 7 of this Article replaced and required to be registered with a competent state agency.

The Ministry of Finance shall detail this Article.

Thus, motorcycles are subject to the registration fee.