Who promulgated Decree 168? Who is responsible for implementing Decree 168 on administrative penalties for road traffic violations in Vietnam?

Who promulgated Decree 168?

Decree 168/2024/ND-CP was issued by the Government of Vietnam on December 26, 2024, stipulating administrative penalties for violations of order and traffic safety in the field of road traffic; point deduction, point recovery on driver licenses.

Decree 168/2024/ND-CP was promulgated based on the proposal of the Minister of Public Security, and it takes effect from January 01, 2025.

According to Article 19 of the Law on Promulgation of Legal Documents 2015, the authority to issue a Decree is stipulated as follows:

Decree of the Government of Vietnam

The Government of Vietnam issues decrees to prescribe:

1. Detailed articles, clauses, and points assigned in laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, orders, and decisions of the President.

2. Specific measures to implement the Constitution, laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, orders, decisions of the President; measures to implement socio-economic, national defense, security, finance, currency, budget, tax, ethnic, religious, cultural, education, health, science, technology, environment, foreign policies, civil services, officials and public employees, rights, responsibilities of citizens, and other issues within the management and administration authority of the Government of Vietnam; issues related to the tasks, powers of two or more ministries, equivalent agencies; the tasks, powers, organizational structure of ministries, equivalent agencies, agencies under the Government of Vietnam, and other agencies under the Government's management.

3. Necessary issues within the authority of the National Assembly, the Standing Committee of the National Assembly but not yet eligible to be developed into laws or ordinances to meet the requirements of state management, economic management, social management. This decree must be approved by the Standing Committee of the National Assembly before promulgation.

Who is responsible for implementing Decree 168 on administrative penalties for road traffic violations in Vietnam?

According to Article 55 of Decree 168/2024/ND-CP, the responsibility for implementing Decree 168 is stipulated as follows:

Implementation Responsibility

Ministers, Heads of equivalent agencies, Heads of agencies under the Government of Vietnam, Chairpersons of People's Committees of provinces, centrally affiliated cities, and relevant agencies, units are responsible for implementing this Decree./.

Thus, Ministers, Heads of equivalent agencies, Heads of agencies under the Government of Vietnam, Chairpersons of People's Committees of provinces, centrally affiliated cities, and relevant agencies, units are responsible for implementing Decree 168/2024/ND-CP.

Who promulgated Decree 168? (Image from the Internet)

What are the penalties for motorcycle traffic violations in Vietnam according to Decree 168?

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

(1) A fine ranging from 200,000 VND to 400,000 VND for the operator of a vehicle committing any of the following violations:

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

(ii) Reversing a three-wheeled motorcycle without observing both sides, behind the vehicle, or without signaling;

(iii) Carrying a passenger using an umbrella;

(iv) Failing to comply with road yield regulations at intersections, except for the violations specified in (iii), (iv) at (6);

(v) Changing lanes not at designated locations or without prior signaling or changing lanes not conforming to the rule “only one lane change is allowed each time”;

(vi) Not using headlights from 6:00 p.m. of the previous day to 6:00 a.m. the following day or when there is fog, smoke, dust, rain, adverse weather that limits visibility;

(vii) Improper vehicle avoidance; using high beams when meeting pedestrians crossing the road or when traveling on roads through populated areas with active lighting systems or when meeting vehicles in the opposite direction (except when there is an anti-glare barrier) or when changing vehicle direction at intersections; not yielding to oncoming vehicles as per the regulations at narrow roads, on slopes, where there are obstacles;

(viii) Using a horn from 10:00 p.m. the previous day to 5:00 a.m. the following day in densely populated areas, medical facilities, except for priority vehicles on duty according to regulations;

(ix) Operating a vehicle below the minimum speed on roads where a minimum speed is prescribed.

(x) Failing to comply with the instructions or directions of signs, road markings, except for violations 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 ranging from 400,000 VND to 600,000 VND for the operator of a vehicle committing any of the following violations:

(i) Stopping, parking on the traffic lane section of a road outside an urban area where there is a shoulder;

(ii) Operating a vehicle exceeding the speed limit by 05 km/h to less than 10 km/h;

(iii) Operating a vehicle at low speed while not staying on the right side of the road, causing traffic obstruction;

(iv) Parking, stopping in the roadway causing traffic obstruction; gathering 03 or more vehicles in the roadway, in road tunnels; illegal parking, leaving vehicles in the roadway, pavement;

(v) Vehicles not entitled to priority installing, using devices signaling priority vehicles;

(vi) Stopping, parking at bus stops, road intersections, pedestrian crossings; stopping where there is a sign "No Stopping and Parking"; parking where there is a sign "No Parking" or "No Stopping and Parking"; not complying with the stopping, parking regulations at road intersections at the same level with railways; stopping, parking within the railway traffic safety corridor;

(vii) Carrying more than one person on a vehicle, except for transporting patients for emergency care, children under 12 years old, elderly or disabled persons, escorting violators of the law;

(viii) Not wearing "motorcycle helmet" or wearing "motorcycle helmet" not properly secured when operating a vehicle on the road;

(ix) Carrying a passenger not wearing "motorcycle helmet" or wearing "motorcycle helmet" that is not properly secured, except when transporting patients for emergency care, children under 06 years old, escorting violators of the law;

(x) Turning in places where U-turns are not allowed, except for violations defined in (iv) at (4).

(3) A fine ranging from 600,000 VND to 800,000 VND for the operator of a vehicle committing any of the following violations:

(i) Turning without looking or maintaining a safe distance from vehicles behind, not reducing speed, not signaling the turning direction continuously while turning (excluding operating vehicles following road bends where roads are not at the same level); operating vehicles turning left where there is a ban on left turns for the vehicle being operated; operating vehicles turning right where there is a ban on right turns for the vehicle being operated;

(ii) Carrying three or more people on a vehicle;

(iii) Stopping, parking on a bridge;

(iv) Not traveling on the right-hand side according to one's direction; traveling not on the designated traffic lane (either same direction or opposite direction); operating a vehicle across the central fixed barrier dividing two traffic lanes;

(v) Overtaking on the right where overtaking is not permitted;

(vi) Operators of vehicles or carrying passengers clinging, pulling, pushing other vehicles, objects or leading livestock, carrying bulky items; carrying people standing on the rack or sitting on the vehicle's handlebars;

(vii) Operating a vehicle, towing another vehicle or object;

(viii) Operating in a tunnel without using dipped headlights;

(ix) Failing to maintain a safe distance leading to collisions with the vehicle in front or not adhering to the sign "Minimum Distance Between Two Vehicles";

(x) Operating vehicles side-by-side from three or more vehicles;

(xi) Priority vehicles equipped, using priority signaling devices not conformable or using priority signaling devices without permits from authorized agencies or holding permits that are no longer valid.

(4) A fine ranging from 800,000 VND to 1,000,000 VND for the operator of a vehicle committing any of the following violations:

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

(ii) Stopping, parking in a road tunnel not at designated places;

(iii) Overtaking in cases where overtaking is not allowed, overtaking where there is a sign with content prohibiting overtaking for the type of vehicle being operated, except for violations specified in (v) at (3);

(iv) U-turning in a road tunnel;

(v) Operators of vehicles using umbrellas, audio devices (except for hearing aids), using hand-held devices, and using phones or other electronic devices while operating.

(5) A fine ranging from 1,000,000 VND to 2,000,000 VND for the operator of a vehicle committing any of the following violations:

(i) Operating vehicles directly involved in accidents without immediately stopping the vehicles, not preserving the accident scene, not assisting the injured, except for violations defined in (iii) at (9);

(ii) Turning without yielding to pedestrians, wheelchairs of disabled persons crossing the street at crosswalks; non-motorized vehicles traveling on the designated non-motorized vehicle lanes;

(iii) Turning without yielding to oncoming vehicles; pedestrians, non-motorized vehicles crossing the street where there are no pedestrian crosswalks.

(6) A fine ranging from 2,000,000 VND to 3,000,000 VND for the operator of a vehicle committing any of the following violations:

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

(ii) Entering restricted areas, roads with a sign prohibiting entry for the vehicle being operated, except for violations defined as (i), (ii) at (7) and cases where priority vehicles are on emergency duty according to regulations;

(iii) Not reducing speed (or stopping) and yielding when operating vehicles from non-priority roads to priority roads, from branch roads to main roads;

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

(7) A fine ranging from 4,000,000 VND to 6,000,000 VND for the operator of a vehicle committing any of the following violations:

(i) Traveling against the direction of a one-way street, against the direction on a road with a "No Entry" sign, except for violations defined as (ii) and cases where priority vehicles are on emergency duty according to regulations; operating vehicles on sidewalks, except in the case of crossing sidewalks to enter houses, agencies;

(ii) Operating vehicles on highways, except for vehicles serving highway management and maintenance;

(iii) Not complying with traffic light signals;

(iv) Not complying with commands or directions from traffic controllers or traffic inspectors;

(v) Not yielding or causing barriers to priority vehicles emitting priority signals on duty.

(8) A fine ranging from 6,000,000 VND to 8,000,000 VND for the operator of a vehicle committing any of the following violations:

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

(ii) Operating vehicles on the road with blood 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 breath.

(9) A fine ranging from 8,000,000 VND to 10,000,000 VND for the operator of a vehicle committing any of the following violations:

(i) Operating vehicles in a reckless manner, weaving through traffic; using the kickstand or other objects scraping the road while driving;

(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 accident scene, not assisting the injured, not staying at the scene, or not reporting immediately to the local police or nearest people's committee;

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

(v) Not complying with the alcohol concentration check request by the authorities;

(vi) Operating vehicles on the road with drugs or other stimulants that are prohibited by law;

(vii) Not complying with the drug or other stimulant check request by the authorities;

(viii) Sitting behind and reaching around the front person to operate, except for carrying children under 06 years old in the front;

(ix) Operating vehicles in a convoy causing traffic obstruction, except for cases authorized by competent authority;

(x) Using horns, revving engines continuously in densely populated areas, medical facilities, except for priority vehicles on duty according to regulations.

(10) A fine ranging from 10,000,000 VND to 14,000,000 VND for the operator of a vehicle committing any of the following violations:

(i) Operating vehicles without observing, reducing speed or stopping to ensure safety according to regulations causing traffic accidents; operating faster than the prescribed speed causing accidents; entering highways, stopping, parking, turning, reversing, overtaking, direction change, lane change improperly causing traffic accidents; not following the correct lanes, keeping a safe distance according to regulations causing accidents or entering roads with signs prohibiting entry, traveling in the opposite direction in one-way streets, opposite direction on roads with "No Entry" signs causing accidents;

(ii) Violations specified in the following points and clauses in this Article causing traffic accidents: (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) Vehicle confiscation applies to operators committing any of the following violations:

- Releasing both hands while operating the vehicle; using feet to operate the vehicle; sitting to the side while driving; lying on the seat to operate; changing drivers while the vehicle is moving; looking backward to operate or wearing blindfolds while operating the vehicle;

- Operating vehicles on two wheels for two-wheelers, and on three wheels for three-wheelers;

- Repeated violations of reckless, weaving driving as specified in point a, clause 9, Article 7 of Decree 168/2024/ND-CP.(12) In addition to being subject to the main form of penalty, operators of vehicles committing violations are also subject to the following additional penalties:

(i) Committing the acts specified at point đ, clause 2 of this Article will result in confiscation of the illegally installed and used priority signaling device;

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

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

(13) In addition to being subject to penalties, operators of vehicles committing violations also have their driver's license points deducted as follows:

(i) Committing the acts specified in (ii) in (3); (5); (ii), (ii), (iii) in (6); (i) in (7) will result in a deduction of 02 driver's license points;

(ii) Committing the acts specified in (v) in (4); (i) in (6); (iii), (iv), (v) in (7); (i) in (8) will result in a deduction of 04 driver's license points;

(iii) Committing the acts specified in (ii) in (7), (iii) in (9) will result in a deduction of 06 driver's license points;

(iv) Committing the acts specified in (ii) in (8), (10) will result in a deduction of 10 driver's license points.

Is there a registration fee for motorcycles?

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

Subjects to registration fees

1. Houses, land.

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

3. Ships according to regulations of the law on inland waterway traffic and maritime law (hereinafter referred to as watercraft), including barges, canoes, tugboats, pushers, submarines, submersibles; excluding floating docks, floating storage and mobile rigs.

4. Boats, including yachts.

5. Aircraft.

6. Two-wheeled motorcycles, three-wheeled motorcycles, mopeds, types of vehicles similar to motorcycles and mopeds that must register and attach number plates issued by competent state agencies (hereinafter referred to as motorcycles).

7. Automobiles, trailers or semi-trailers pulled by automobiles, types of vehicles similar to automobiles that must register and attach number plates issued by competent state agencies.

8. Hulls, chassis, machinery assembly, engine blocks of assets specified in clauses 3, 4, 5, 6, and 7 of this Article that are replaced and must register with competent state agencies.

The Ministry of Finance specifies details for this Article.

Therefore, motorcycles are among the subjects to registration fees.