What are 26 Articles annulled under Decree 168? (Image from Internet) What are penalties for road traffic offences for motorcycles in Vietnam under Decree 168?

Vietnam: What are 26 Articles annulled under Decree 168?

Pursuant to Clause 8, Article 52 of Decree 168/2024/ND-CP, which provides amendments and supplements to a number of articles of Decree 100/2019/ND-CP regulating administrative penalties in the field of road and railway traffic (amended and supplemented by Decree 123/2021/ND-CP), specifically as follows:

Amend and supplement a number of articles of Decree No. 100/2019/ND-CP dated December 30, 2019, of the Government of Vietnam regulating administrative penalties in the field of road and railway traffic, amended and supplemented a number of articles according to Decree No. 123/2021/ND-CP dated December 28, 2021, of the Government of Vietnam amending and supplementing a number of articles of decrees regulating administrative penalties in the field of maritime; road and railway traffic; civil aviation.

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8. Revoke the following points, clauses, and articles:

a) Revoke Clause 1, Article 3;

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

c) Revoke Point a of Clause 1, Article 4a;

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

đ) Revoke Clause 1; Point c of Clause 2; Point a, đ of Clause 3; Points c, d of Clause 5; Points e, g, i of Clause 6; Clause 7; Point a of Clause 8, Article 12;

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

g) Revoke Point a of 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) Revoke Clauses 1, 2, 3; Points b, c of Clause 4; Clauses 5, 6, 7, 8; Clause 8a; Clause 9, Article 24;

i) Revoke Articles 25, 26, 27;

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

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

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

n) Revoke Points a, b, c, d, đ, e, g, h, k, n of Clause 3; Clause 4; Points a, b, c, d, e of Clause 5; Clauses 8, 10, 12, Article 80;

o) Revoke Points b, g, h, i of Clause 1; Clause 6, Article 81;

p) Revoke Clauses 1, 3, Article 82.

9. Remove certain phrases at the following points, clauses, and articles:

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 "Unauthorized use of urban roadbeds, pavements to: Hold markets; provide catering services; display, sell goods; repair vehicles, machinery, equipment; wash vehicles; place, hang signboards, and advertisements;" and the phrase ", except for violations specified at Points d, đ, e, g of Clause 6; Clause 7; Point a of Clause 8 of this Article" at Point b, Clause 5, Article 12;

d) Remove the phrase "Articles 9, 10, 11," at Point đ, Clause 3, the phrase "Articles 32, 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.

Thus, Decree 168 completely abolishes 26 articles regulating administrative penalties in the field of road and railway traffic in Decree 100, including:

See more:

>>> Public Consultation on Decree 168 Abolishing Amendments and Supplements to Traffic Penalty Regulations in Decree 100: True or False?

Vietnam: What are 26 Articles annulled under Decree 168? (Image from Internet)

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

According to Article 7 of Decree 168/2024/ND-CP, the penalty levels for motorcycle traffic violations in 2025 are specifically stipulated as follows:

(1) A fine ranging from 200,000 VND to 400,000 VND for drivers committing one of the following violations:

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

(ii) Reversing a tricycle without observing on both sides and rear or not signaling when reversing;

(iii) Carrying passengers using an umbrella;

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

(v) Changing lanes improperly or failing to signal in advance or changing lanes not conformable to “each time changing lanes is only allowed to move to an adjacent lane”;

(vi) Not using headlights from 6 p.m. the previous evening to 6 a.m. the following day, or when there is fog, smoke, dust, rain, or bad weather limiting visibility;

(vii) Not conformable avoidance of vehicles; using high beams when encountering pedestrians or when driving on sections with street lighting, or when facing oncoming vehicles (except when dividers can prevent dazzling) or when turning at intersections; failing to yield the right of way to oncoming vehicles at narrow roads, slopes, and places with obstacles;

(viii) Using horns from 10 p.m. the previous evening to 5 a.m. in densely populated areas, near healthcare facilities, except when priority vehicles are on duty;

(ix) Driving below the minimum speed on roads with a specified minimum speed.

(x) Not adhering to commands and instructions of traffic signboards and road markings, except for violations specified 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 ranging from 400,000 VND to 600,000 VND for drivers committing one of the following violations:

(i) Stopping or parking on the road lane in rural areas where there is a roadside;

(ii) Driving at speeds exceeding the speed limit by 5 to less than 10 km/h;

(iii) Driving at low speeds without staying on the right side of the road, causing traffic obstruction;

(iv) Stopping or parking in the roadway obstructing traffic; gathering 3 or more vehicles in the roadway, in tunnels; parking or leaving vehicles in the roadway or on sidewalks illegally;

(v) Unauthorized vehicles installing and using priority signal devices of priority vehicles;

(vi) Stopping or parking at passenger pickup or drop-off points, where roads intersect, in pedestrian-crossing areas; stopping where there is a “No Parking” or “No Stopping and Parking” sign; not complying with stopping and parking regulations at road intersections with rail crossings; stopping or parking within the railway safety corridor;

(vii) Carrying two people on a vehicle, except when carrying an emergency patient, children under 12 years of age, elderly or disabled people, or escorting law offenders;

(viii) Not wearing a "helmet for motorcycle, moped riders" or improperly fastening the strap when riding on roads;

(ix) Carrying passengers not wearing a "helmet for motorcycle, moped riders" or fastening the strap incorrectly, except when carrying an emergency patient, children under 6 years, escorting law offenders;

(x) Making U-turns at prohibited locations, except for violations specified in (iv) in (4).

(3) A fine ranging from 600,000 VND to 800,000 VND for drivers committing one of the following violations:

(i) Turning without observing, ensuring safe distance from behind, reducing speed, signaling, or signaling but not using it continuously throughout the process (except when following a curved road section not intersecting); turning left where there is a prohibition sign for the vehicle type; turning right where there is a prohibition sign for the vehicle type;

(ii) Carrying three or more passengers on the vehicle;

(iii) Stopping or parking on bridges;

(iv) Not driving on the right side of the road; not following lane or direction regulations (same or opposite lane); crossing the median divider;

(v) Overtaking on the right when not allowed;

(vi) Drivers or passengers on the vehicle grabbing, towing, pushing other vehicles, luggage, guiding pets, carrying cumbersome objects; passengers standing on the saddle, luggage rack, or handlebars;

(vii) Driving vehicles towing other vehicles or objects;

(viii) Driving without low beams in tunnels;

(ix) Not keeping a safe distance, leading to collisions with the vehicle in front or not maintaining the specified distance indicated by a “Minimum Distance Between Vehicles” sign;

(x) Driving with three or more vehicles side by side;

(xi) Priority vehicles installing and using signal devices not conformable, or using them without a permit from the competent authority, or the permit is expired.

(4) A fine ranging from 800,000 VND to 1,000,000 VND for drivers committing one of the following violations:

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

(ii) Stopping or parking in tunnels not at designated places;

(iii) Overtaking in prohibited situations, overtaking where there is a prohibition sign for the vehicle type;

(iv) Making U-turns in tunnels;

(v) Drivers using umbrellas, audio devices (except hearing aids), holding and using phones, or other electronic devices.(5) A fine ranging from 1,000,000 VND to 2,000,000 VND shall be imposed on drivers who commit one of the following violations:

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

(ii) Changing direction without yielding the right of way to: pedestrians, wheelchairs for disabled persons crossing the road at pedestrian crossings; non-motorized vehicles traveling on lanes designated for non-motorized vehicles;

(iii) Changing direction without yielding the right of way to: oncoming vehicles; pedestrians, non-motorized vehicles crossing the road where there is no pedestrian crossing.

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

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

(ii) Entering prohibited areas or roads marked with signs prohibiting entry for the type of vehicle being driven, except for the violations specified in (i), (ii) of (7) and cases where priority vehicles are performing emergency duties according to regulations;

(iii) Failing to reduce speed (or stop) and yield the right of way when driving from a non-priority road to a priority road, from a branch road to a main road;

(iv) Failing to reduce speed and yield the right of way to vehicles approaching from the right at uncontrolled intersections; failing to reduce speed and yield the right of way to vehicles approaching from the left at roundabout signals.

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

(i) Driving the wrong way on a one-way street, driving the wrong way on roads with a "No Entry" sign, except for the violation specified in (ii) and cases where priority vehicles are performing emergency duties according to regulations; driving on sidewalks, except for crossing sidewalks to enter homes or offices;

(ii) Driving on a highway, except for vehicles serving highway management and maintenance;

(iii) Disobeying traffic signal lights;

(iv) Disobeying the orders or instructions of traffic controllers or traffic enforcers;

(v) Failing to yield the right of way or obstructing an emergency vehicle that is signaling priority duty.

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

(i) Driving at speeds exceeding the specified limit by more than 20 km/h;

(ii) Operating a vehicle on the road with a blood alcohol concentration 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 8,000,000 VND to 10,000,000 VND shall be imposed on drivers who commit one of the following violations:

(i) Recklessly weaving and zigzagging on the road; using a kickstand or other item to scrape the road while driving;

(ii) Driving in a group of 02 or more vehicles at speeds exceeding the specified limit;

(iii) Causing a traffic accident without stopping the vehicle immediately, preserving the accident scene, assisting the injured, staying at the accident scene, or immediately reporting to the nearest police office or People's Committee;

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

(v) Failing to comply with the request for alcohol concentration testing by enforcement officers;

(vi) Operating a vehicle on the road with illicit drugs or other prohibited stimulants in the body;

(vii) Failing to comply with the request for drug or prohibited stimulant testing by enforcement officers;

(viii) Sitting behind and reaching around the person in front to control the vehicle, except in cases where carrying children under 06 years old in the front;

(ix) Forming a driving convoy causing traffic obstruction, except when authorized by relevant authorities;

(x) Continuous use of the horn or revving the engine in densely populated areas, healthcare facilities, except for priority vehicles performing duties as regulated.

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

(i) Operating a vehicle without observing, reducing speed, or stopping to ensure safety as required, causing a traffic accident; driving at excessive speeds, causing a traffic accident; entering a highway, stopping, parking, turning around, reversing, overtaking, changing direction, or changing lanes improperly, causing a traffic accident; not driving in the correct lane or road section, not maintaining a safe distance between vehicles as required, causing a traffic accident, or entering roads with "No Entry" signs for the type of vehicle being driven, driving the wrong way on a one-way street, driving the wrong way on roads with "No Entry" 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) of (1); (iii), (v), (vii) of (2); (ii), (vi), (vii), (viii), (ix) of (3); (v) of (4); (iii), (iv) of (6); (iii), (iv), (v) of (7); (i), (ii), (viii), (x) of (9).

(11) Vehicle confiscation for drivers who commit one of the following violations:

- Letting go of both hands while driving; controlling the vehicle with feet; sitting sideways while driving; lying on the seat while driving; changing drivers while the vehicle is in motion; turning the head to look back while driving or driving blindfolded;

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

- Reoffending by performing recklessly weaving and zigzagging as specified in point a clause 9 Article 7 of Decree 168/2024/ND-CP.

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

(i) Committing the acts specified in point e clause 2 of this Article shall also result in the confiscation of illegally installed or used priority signal devices;

(ii) Committing the acts specified in (i), (ii), (viii), (ix), (x) of (9) shall result in the suspension of the driver's license for 10 to 12 months;

(iii) Committing the acts specified in (iv), (v), (vi), (vii) of (9); (11) shall result in the suspension of the driver's license for 22 to 24 months.

(13) In addition to being penalized, drivers committing violations shall have points deducted from their driver's licenses as follows:

(i) Committing the acts specified in (ii) of (3); (5); (ii), (ii), (iii) of (6); (i) of (7) shall result in a 2-point deduction from their driver's license;

(ii) Committing the acts specified in (v) of (4); (i) of (6); (iii), (iv), (v) of (7); (i) of (8) shall result in a 4-point deduction from their driver's license;

(iii) Committing the acts specified in (ii) of (7), (iii) of (9) shall result in a 6-point deduction from their driver's license;

(iv) Committing the acts specified in (ii) of (8), (10) shall result in a 10-point deduction from their driver's license.

Which types of motorbikes are subject to excise tax in Vietnam?

According to clause 1 Article 2 of the excise Tax Law 2008 amended by clause 1 Article 1 of the excise Tax Amendment Law 2014 regarding excise taxable goods as follows:

Taxable Objects

1. Goods:

a) Cigarettes, cigars, and other tobacco preparations for smoking, inhaling, chewing, sniffing, holding;

b) Alcohol;

c) Beer;

d) Automobiles with less than 24 seats, including vehicles used for both passengers and goods with more than one row of seats, designed intentionally with a partition between the passenger area and the cargo area;

(đ) Two-wheeled motorbikes, three-wheeled motorbikes with an engine displacement over 125cm3;

e) Aircraft, yachts;

g) All kinds of gasoline;

h) Air conditioners with a capacity of 90,000 BTU or less;

i) Playing cards;

k) Votive paper, votive items.

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Thus, two-wheeled motorbikes and three-wheeled motorbikes with an engine displacement over 125cm3 are subject to excise tax.