Vietnam: All administrative penalties for traffic offences in Decree 100 to be annulled under the Decree 168?

Vietnam: All administrative penalties for traffic offences in Decree 100 to be annulled under the Decree 168?

Pursuant to Article 52 of Decree 168/2024/ND-CP, which stipulates amendments and supplements to certain articles of Decree 100/2019/ND-CP on administrative penalties for road and railway traffic violations (amended and supplemented by Decree 123/2021/ND-CP), it specifically states:

Amendments and supplements to certain articles of Decree No. 100/2019/ND-CP dated December 30, 2019, of the Government of Vietnam on administrative penalties in the field of road and railway traffic, which were amended and supplemented by some articles under Decree No. 123/2021/ND-CP dated December 28, 2021, of the Government of Vietnam amending and supplementing certain articles of Decrees on administrative penalties in the maritime sector; road and railway traffic; civil aviation

1. Insert point 2a after point 2 Article 1 as follows:

"2a. The form, level of penalty, and remedial measures for each administrative violation; the authority to make records, the authority to impose penalties, and the specific monetary fine for each title related to order and traffic safety in the field of road traffic shall apply as specified in the Decree on administrative penalties for order and traffic safety in the field of road traffic; except for point deduction and license point recovery."

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

a) Amend and supplement point d clause 6 Article 28 as follows:

"d) Failure to fulfill registered, posted contents regarding: freight charges; service prices; quality standards of transport services, transport support services;"

b) Amend and supplement point i clause 6 Article 28 as follows:

"i) Using a transport business vehicle that does not meet the quality conditions of the registered business form;."

3. Amend and supplement point a, b clause 10 Article 28 as follows:

"a) Performing acts of violation as specified at point a, b, d, đ, h, l, o, p, r, s, t clause 4; point d, i, k, l, n, q of clause 6; point e of clause 7 of this Article shall be subject to deprivation of the right to use the badge from 01 to 03 months (if applicable or issued) for the violating vehicle;

b) Conducting acts of violation as specified at point i, k of clause 4; point h of clause 6; and point b of clause 7 of this Article shall be subject to deprivation of the right to use the transport business license from 01 to 03 months;."

4. Amend and supplement point h clause 11 Article 28 as follows:

"h) Conducting acts of violation as specified at point n clause 6 of this Article requires the installation of a fare meter and invoice printing device on the vehicle as conformable;."

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

a) Amend and supplement point b clause 2 Article 74 as follows:

"b) Point a, b, d, đ of clause 2; point b, c, d, e of clause 3; clause 4; point b of clause 5; point a, b, c, d, h of clause 6 Article 12;".

b) Amend and supplement point e clause 2 Article 74 as follows:

"e) Point a, b, c, d, đ, i of clause 2; point a, b, c, d, đ, p of clause 4; point d, i, n, q of clause 6; point a, b, c of clause 7 Article 28;".

c) Amend and supplement point g clause 2 Article 74 as follows:

"g) Article 31;".

d) Amend and supplement point m clause 5 Article 74 as follows:

"m) Point a, b, c, d, đ, i of clause 2; point b, c of clause 3; point a, b, c, d, đ, h, i, k, l, m, n, o, p, r, s, t of clause 4; point a, b, d, h, i, k, l, n, q of clause 6; point a, b, c, d, e, g, k of clause 7; point c, d of clause 8 Article 28;".

đ) Amend and supplement point o 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 clause 3 Article 80 as follows:

"i) Acts of violation regarding fares as specified in Article 23 (point l of clause 3), Article 31 (clause 2, clause 3) and corresponding acts of violation specified in Article 28 (point d clause 6), in the case of an individual transportation business being the person directly operating the vehicle or serving on the vehicle, shall be subject to penalties as specified at point d clause 6 Article 28 of this Decree;".

b) Amend and supplement point l clause 3 Article 80 as follows:

"l) Acts of violation regarding passenger transport business by contract as specified in Article 23 (point n clause 5) and corresponding acts of violation specified in Article 28 (point p clause 4), in the case of an individual transportation business being the person directly operating the vehicle, shall be subject to penalties as specified in the corresponding points, clauses of Article 28 of this Decree;".

c) Amend and supplement the opening paragraph of clause 5 Article 80 as follows:

"5. Regarding acts of violation concerning carrying more passengers than regulations, violations of weight regulations of the vehicle, bridge, road as specified in Article 65 of this Decree, the operator, vehicle owner, transportation business unit, transportation support service, individual, organization loading items onto the railway transport vehicle shall be required to cease violations according to the specific provisions as follows:".

7. Amend and supplement clause 4 Article 82 as follows:

"4. When the vehicle is temporarily detained as specified in clause 2 of this Article, the vehicle owner must bear all costs (if any) for using another substitute vehicle to transport people, goods carried on the detained vehicle.".

8. Abolish the following points, clauses, articles:

a) Abolish clause 1 Article 3;

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

c) Abolish point a clause 1 Article 4a;

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

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

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

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

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

i) Abolish Article 25, Article 26, Article 27;

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

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

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

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

o) Abolish point b, g, h, i clause 1; clause 6 Article 81;

p) Abolish clause 1, clause 3 Article 82.

9. Omit some phrases at the following points, clauses, articles:

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

b) Omit the phrase "point a" at point c clause 1 Article 4a;

c) Omit the phrase "Illegal use of urban roadways, sidewalks for: Market meetings; food and drink services; displaying, selling goods; repairing vehicles, machinery, equipment; washing vehicles; placing, hanging signboards, advertisements;" and the phrase ", except for acts of violation specified at point d, đ, e, g clause 6; clause 7; point a clause 8 of this Article" at point b clause 5 Article 12;

d) Omit 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 completely abolish administrative penalties in the field of road and railway traffic in Decree 100 but only makes amendments, supplements, and abolishes some points, clauses, articles.

Vietnam: All administrative penalties for traffic offences in Decree 100 to be annulled under the Decree 168?(Image from the Internet)

What are the administrative penalties for traffic offences for motorcycles in Vietnam under Decree 168?

Based on Article 7 of Decree 168/2024/ND-CP, the 2025 administrative penalty for traffic offences for motorcycles is specified as follows:

(1) A fine of 200,000 VND to 400,000 VND for individuals operating motorcycles who commit one of the following violations:

(i) Not signaling before overtaking or signaling to overtake vehicles but not using it throughout the overtaking process;

(ii) Reversing three-wheeled motorcycles without observing both sides, the rear of the vehicle or reversing without signals;

(iii) Carrying a passenger using an umbrella (parasol) on the vehicle;

(iv) Not complying with right-of-way regulations at intersections, except for violations specified in (iii), (iv) at (6)

(v) Changing lanes in an unauthorized area or without signaling beforehand or changing lanes not conformable "each time a lane change is permitted only to an adjacent lane";

(vi) Not using headlights from 6 PM of the previous day to 6 AM the following day or when there is fog, smoke, dust, rain, or adverse weather conditions that limit visibility;

(vii) Improper avoidance of vehicles; using high beam headlights when encountering pedestrians crossing the street, or when driving on residential roads with active lighting systems, or when encountering oncoming vehicles (except for roads with anti-glare partitions), or when changing vehicle direction at intersections; not yielding to oncoming vehicles as specified on narrow roads, slopes, or obstacles;

(viii) Using the horn between 10 PM of the previous day to 5 AM the following day in densely populated areas, hospital zones, except for priority vehicles on duty pursuant to the regulations;

(ix) Operating a vehicle below the minimum speed on roads with specified minimum speed limits.

(x) Failing to comply with the instructions of traffic signs, road markings, except for violations as specified in (ii), (iv), (v) at (2); (i), (iii), (iv), (viii) at (3); (i), (ii), (iii), (iv) at (4); (ii), (iii) at (6); (i), (ii), (iii) at (7); (i) at (8); (ii) at (9); (i) at (10);

(2) A fine of 400,000 VND to 600,000 VND for individuals operating motorcycles who commit one of the following violations:

(i) Parking on the carriageway of roads outside urban areas where there is a sidewalk;

(ii) Operating a vehicle exceeding the speed limit from 5 km/h to under 10 km/h;

(iii) Driving at a low speed but not on the right side of the carriageway causing traffic obstruction;

(iv) Parking in the carriageway causing traffic obstruction; gathering of three or more vehicles in roadway tunnel; illegal parking, occupying roadways, sidewalks;

(v) Unauthorized installation, use of priority vehicle signaling devices for non-priority vehicles;

(vi) Parking at pick-up/drop-off points, intersections, pedestrian crossings; stopping where there are "No Stopping and Parking" signs; parking where there are "No Parking" or "No Stopping and Parking" signs; not following stop and park regulations at railway intersections; stopping, parking within railway safety corridor;

(vii) Taking two passengers on a motorcycle, except for transporting the sick for emergency, children under 12 years of age, elderly or disabled persons, escorting individuals violating the law;

(viii) Not wearing "motorcycle helmet" or wearing "motorcycle helmet" incorrectly when riding on public roads;

(ix) Passenger on motorcycle not wearing "motorcycle helmet" or wearing it incorrectly, except when transporting sick individuals for emergency, children under 6 years old, escorting legal violators;

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

(i) Changing direction without observing or not ensuring a safe distance with the vehicle behind, or not reducing speed, or not having a turn signal, or having a turn signal but not using it continuously during the change of direction (except when driving on the curve of the road at non-level intersections); turning left at a place with a sign prohibiting left turns for the vehicle type being driven; turning right at a place with a sign prohibiting right turns for the vehicle type being driven;

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

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

(iv) Driving not keeping to the right lane for one's direction; driving not in accordance with the designated road or lane (same direction or opposite direction); crossing the fixed median strip dividing the lanes of traffic;

(v) Overtaking on the right where not permitted;

(vi) The driver or passenger on the vehicle clinging to, pulling, or pushing another vehicle or object, leading animals, carrying bulky goods; carrying passengers standing on the seat, cargo platforms, or handlebars;

(vii) Towing another vehicle or object;

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

(ix) Not maintaining a safe distance resulting in a collision with the vehicle immediately in front or not keeping a distance as prescribed by the sign “Minimum distance between two vehicles”;

(x) Driving a vehicle in lines of three or more;

(xi) Vehicles with priority rights installing, using non-compliant priority signal devices, or using priority signal devices without a license from a competent authority, or with a license from a competent authority but the validity has expired as prescribed.

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

(i) Driving exceeding the prescribed speed by 10 km/h to 20 km/h;

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

(iii) Overtaking in circumstances where overtaking is prohibited, overtaking on sections with signs prohibiting overtaking for the vehicle type being driven, except for violations prescribed in (v) of (3);

(iv) Turning around in a tunnel;

(v) The driver using an umbrella, audio device (except hearing aids), using a handheld phone or other electronic devices.

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

(i) Driving a vehicle directly involved in a traffic accident without immediately stopping the vehicle, not preserving the scene, not assisting the victim, except for violations prescribed in (iii) of (9);

(ii) Changing direction without giving way to pedestrians, wheelchairs of disabled people crossing the street at a zebra crosswalk; non-motorized vehicles traveling on lanes designated for non-motorized vehicles;

(iii) Changing direction without giving way to oncoming vehicles; pedestrians, non-motorized vehicles crossing the street at places without zebra crosswalks.

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

(i) Driving on a road with blood alcohol concentration or breath alcohol concentration not exceeding 50 milligrams/100 milliliters of blood or 0.25 milligrams/1 liter of air exhaled;

(ii) Entering prohibited areas, roads with signs prohibiting entry for the type of vehicle being driven, except for violations prescribed in (i), (ii) of (7) and cases of priority vehicles on emergency missions as prescribed;

(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 sign; not reducing speed and yielding to vehicles coming from the left at an intersection with a roundabout sign.

(7) A fine 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 flow of one-way streets, driving against the flow on roads with a “No entry” sign, except for violations prescribed in (ii) and cases of priority vehicles on emergency missions as prescribed; driving on sidewalks, except in cases driving across sidewalks to enter houses or agencies;

(ii) Driving onto a highway, except for vehicles serving the management and maintenance of the highway;

(iii) Disobeying traffic light signals;

(iv) Disobeying orders or guidance from traffic controllers or traffic managers;

(v) Not yielding or obstructing priority vehicles that are signaling to perform their missions.

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

(i) Driving exceeding the prescribed speed limit by more than 20 km/h;

(ii) Driving on a road with blood alcohol concentration or breath alcohol concentration exceeding 50 milligrams to 80 milligrams/100 milliliters of blood or exceeding 0.25 milligrams to 0.4 milligrams/1 liter of air exhaled.

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

(i) Driving zigzag or weaving on the road; using kickstands or other objects to scrape the road while the vehicle is moving;

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

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

(iv) Driving on a road with blood alcohol concentration or breath alcohol concentration exceeding 80 milligrams/100 milliliters of blood or exceeding 0.4 milligrams/1 liter of air exhaled;

(v) Not complying with alcohol concentration testing requests from officials on duty;

(vi) Driving on a road with drugs or other stimulants prohibited by law in one's body;

(vii) Not complying with substance testing requests from officials on duty regarding drugs or other stimulants prohibited by law;

(viii) Sitting behind, wrapping arms around the person in front to control the vehicle, except when carrying children under 06 years old seated at the front;

(ix) Driving in convoys causing traffic obstruction, except when authorized by competent authorities;

(x) Utilizing horns, repeatedly revving engines in residential areas, medical facilities, except priority vehicles on duty as prescribed.

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

(i) Driving without observing, reducing speed, or stopping to ensure safety as required, causing a traffic accident; driving exceeding the speed limit causing a traffic accident; entering highways, stopping, parking, turning, reversing, overtaking, changing direction, changing lanes not conformable, causing a traffic accident; not keeping to the correct lane, not maintaining a safe distance between vehicles as prescribed causing a traffic accident, or entering roads with signs prohibiting entry for the type of vehicle being driven, driving against the flow of one-way streets, driving against the flow on roads with a “No entry” sign causing a traffic accident;

(ii) Violating any of the points or clauses of this Article causing a traffic accident: (i), (iv), (v), (vii), (viii), (ix), (x) at (1); (iii), (v), (vii) at (2); (ii), (vi), (vii), (viii), (ix) at (3); (v) at (4); (iii), (iv) at (6); (iii), (iv), (v) at (7); (i), (ii), (viii), (x) at (9).

(11) Confiscation of the vehicle for drivers committing any of the following violations:

- Releasing both hands while operating the vehicle; using feet to operate the vehicle; sitting to one side or lying on the seat while operating; switching drivers while the vehicle is in motion; turning backward to operate the vehicle, or blindfolded operation;

- Operating a vehicle on one wheel for a two-wheeler, on two wheels for a three-wheeler;

- Repeat offenses of zigzagging or weaving operation as stipulated in point a clause 9 Article 7 of Decree 168/2024/ND-CP.

(12) Besides the main penalty measure, drivers committing violations shall also face the following additional penalties:

(i) Committing the violation prescribed in point e clause 2 of this Article shall also result in the confiscation of priority signaling devices installed and used improperly;

(ii) Committing violations prescribed in (i), (ii), (viii), (ix), (x) at (9) results in revocation of driving license for 10 to 12 months;

(iii) Committing violations prescribed in (iv), (v), (vi), (vii) at (9); (11) results in revocation of driving license for 22 to 24 months.

(13) Besides the penalties, drivers committing violations shall also have points deducted from their driving licenses as follows:

(i) Committing violations prescribed in (ii) at (3); (5); (ii), (ii), (iii) at (6); (i) at (7) results in deduction of 02 points from the driving license;

(ii) Committing violations prescribed in (v) at (4); (i) at (6); (iii), (iv), (v) at (7); (i) at (8) results in deduction of 04 points from the driving license;

(iii) Committing violations prescribed in (ii) at (7), (iii) at (9) results in deduction of 06 points from the driving license;

(iv) Committing violations prescribed in (ii) at (8), (10) results in deduction of 10 points from the driving license.

Are motorcycles subject to registration fees in Vietnam?

Based on Article 3 of Decree 10/2022/ND-CP regulating the subjects to registration fees as follows:

Subjects to registration fees

1. Houses, land.

2. Hunting rifles; sports practice and competition guns.

3. Vessels as per regulations on inland waterway traffic and maritime laws (hereinafter referred to as ships), including barges, motorboats, tugs, pushers, submarines, submersibles; excluding floating docks, floating storage, and mobile drilling rigs.

4. Boats, including yachts.

5. Aircraft.

6. Two-wheeled motorcycles, three-wheeled motorcycles, mopeds, vehicles similar to motorcycles, mopeds that must be registered and have license plates issued by competent state agencies (hereinafter collectively referred to as motorcycles).

7. Automobiles, trailers, or semi-trailers towed by automobiles, vehicles similar to automobiles requiring registration and license plates issued by competent state agencies.

8. Hulls, complete chassis assembly, complete body assembly, engine block (block) of assets specified in clauses 3, 4, 5, 6, and 7 of this Article that are replaced and must be registered with competent state agencies.

The Ministry of Finance shall provide detailed regulations on this Article.

Thus, motorcycles are among the subjects required to pay registration fees.