Is the act of illegally using roadbeds, roadsides, and pavements considered a prohibited act? What are the penalties for encroaching on the roadside in Vietnam?
Vietnam: Is the act of illegally using roadbeds, roadsides, and pavements considered a prohibited act?
According to the provisions of Clause 3, Article 8 of the Law on Road Traffic 2008 (amended by Clause 1, Article 35 of the Law on prevention and control of harmful effects of alcoholic beverages 2019), the following acts are strictly prohibited:
Prohibited acts
1. Destroying roads, road bridges, tunnels and ferry landing stages, light signals, marker posts, signs, dome mirrors, median strips, water drainage systems and other works and equipment of road traffic infrastructure.
2. Illegally digging, drilling and cutting roads; illegally placing or erecting hurdles on roads; placing and spreading pointed objects, pouring lubricants on roads; illegally leaving materials, wastes and garbage on roads; illegally opening passages and linking to main roads; illegally encroaching, occupying or using land of roads and road safety corridors; opening manhole covers without permission, illegally dismantling, removing or falsifying road works.
3. Illegally using roadbeds, roadsides and pavements.
4. Putting motor vehicles and special-use machines which fail to satisfy technical safety and environmental protection criteria into operation on roads.
5. Changing the chassis, components and accessories of motor vehicles in order to temporarily achieve their technical criteria before taking them for inspection.
6. Taking part in, cheering or organizing illegal vehicle races, driving vehicles recklessly on crowded streets or in zigzags.
7. Operating a road motor vehicle while there is narcotic in the operator’s body.
8. Operate vehicles under the influence of alcohol
9. Operating a motor vehicle without a driver license as prescribed.
Operating a special-use vehicle on the road without a certificate of training in knowledge about the road traffic law, a license or certificate of operation of special-use vehicle.
10. Assigning one’s motor vehicle or special-use vehicle to another person ineligible for operating vehicles in road traffic.
11. Operating a motor vehicle at a speed beyond the prescribed speed limit, recklessly passing or overtaking.
12. Honking and opening the throttle continuously; honking during the time from 22:00 hrs to 05:00 hrs, blowing the hoot, using driving lamps in urban and populous areas, except for priority vehicles moving on duty as provided for by this Law.
13. Fitting and using the horn and lamps at variance with the manufacturer design for each type of motor vehicles; using audible devices badly affecting traffic order and safety and public order.
14. Transporting goods banned from circulation, illegally transporting, or failing to fully observe regulations on transportation of, dangerous cargoes or wild animals.
15. Threatening, offending and fighting over passengers; compelling passengers to use services against their will; employing transshipment, disembarking passengers or committing other acts to evade detection of the carriage of cargoes or passengers in excess of prescribed limits.
16. Conducting commercial transportation by car when failing to meet all business conditions as prescribed.
17. Absconding after causing accidents in order to shirk responsibility.
18. Deliberately refusing to rescue victims of traffic accidents when having conditions to do so.
19. Infringing upon the lives, health and property of traffic accident victims and causers.
20. Taking advantage of traffic accidents to assault, intimidate, incite, pressure, foment disorder or obstruct the handling of traffic accidents.
21. Abusing one’s position, power or profession to breach the road traffic law.
22. Illegally manufacturing, using or buying or selling number plates of motor vehicles and special-use vehicles.
23. Acts of breaching road traffic rules and other acts endangering road users and vehicles in road traffic.
At the same time, according to Point a, Clause 2, Article 35 of the Law on Road Traffic 2008, it is prohibited to hold markets, buying and selling goods on roads;
Thus, the act of holding markets, buying and selling goods on roads is a violation that is strictly prohibited by law.
Is the act of illegally using roadbeds, roadsides, and pavements considered a prohibited act? What are the penalties for encroaching on the roadside in Vietnam? (Image from Internet)
What are the penalties for encroaching on the roadside in Vietnam?
The act of encroaching on the roadside may be penalized according to Point a, Clause 1, Point c, Clause 2, Point b, Clause 5 and Point e, Clause 6, Article 12 of Decree 100/2019/ND-CP with fines As follows:
- A fine ranging from VND 100,000 to VND 200,000 shall be imposed upon an individual, from VND 200,000 to VND 400,000 upon an organization that commits the act of hawking on the roadway or on the sidewalk where street vendors are prohibited.
- A fine ranging from VND 300,000 to VND 400,000 shall be imposed upon an individual, from VND 600,000 to VND 800,000 upon an organization that commits the act of illegally occupying the median strip to place building materials or display, sell goods;
- A fine ranging from VND 2,000,000 to VND 3,000,000 shall be imposed upon an individual, from VND 4,000,000 to VND 6,000,000 upon an organization that commits the act of holding market; selling food and drink; displaying and selling goods placing signboards;
- A fine ranging from VND 4,000,000 to VND 6,000,000 shall be imposed upon an individual, from VND 8,000,000 to VND 12,000,000 upon an organization that commits the act of displaying, selling machinery, equipment, building materials or manufacturing or processing goods on the roadway or sidewalk in an urban area;
At the same time, they are also subject to remedial measures under Points c and d, Clause 10, Article 12 of Decree 100/2019/ND-CP as follows:
- The violation of illegally occupying the median strip to place building materials or display, sell goods shall lead to collection of pointy, sharp objects, string or other obstacles and restoration to original conditions prior to the administrative violations;
- The violation of displaying, selling machinery, equipment, building materials or manufacturing or processing goods on the roadway or sidewalk in an urban area shall lead to cleaning of garbage, waste matters, vehicles, materials, goods, machinery, equipment, signboards, advertising panels and other objects and restoration to original conditions prior to the administrative violations;
Who has the authority to handle acts of encroaching on the roadside in Vietnam?
Pursuant to Article 74 of Decree 100/2019/ND-CP (amended and supplemented by Clause 26, Article 2 of Decree 123/2021/ND-CP and Clause 33, Article 2 of Decree 123/2021/ND-CP) stipulates the competence to handle acts of encroaching on sidewalks and roadbeds as follows:
- Traffic policeman within assigned functions and tasks are entitled to impose penalties for acts of encroaching on the roadside, except for Point a, Clause 5, Point b, Clause 8 and Clause 9, Article 12 of the Decree. 100/2019/ND-CP.
-Police officers, rapid response forces, mobile police officers, and administration police officers within assigned functions and tasks relating to road and railway transport order and safety are entitled to impose penalties for the acts of encroaching roadside except for point a, clause 5 and point dd, clause 6, Article 12 of Decree 100/2019/ND-CP.
- Chiefs of police stations of communes within assigned functions and tasks related to road and railway order and safety are entitled to impose penalties for acts of hawking or selling other small goods on urban roadbeds, on sidewalks of regulated streets. Prohibit sales and market meetings, purchase and sale of goods within the land area of the road in the road outside urban areas.
- Transport inspectors, the persons assigned to carry out transport inspections within assigned functions and tasks.
- Environmental protection inspectors and persons assigned to conduct environmental protection inspection within assigned functions and tasks are entitled to impose penalties for acts of discharging water into the road at the wrong place, or dumping garbage on the sidewalks at the wrong place and illegally dumping and leaving materials and waste within the land area for roads.
LawNet
