What conditions must drivers of vehicles ensure? Is there a penalty for failure to lock the trunks of the car-like vehicles transporting goods when joining in traffic in Vietnam?
What are the conditions for drivers of vehicles to join in traffic in Vietnam?
Pursuant to the provisions of Article 58 of the 2008 Law on Road Traffic in Vietnam, drivers of vehicles to join in traffic in Vietnam must ensure the following conditions:
- Drivers of vehicles to join in traffic must be of the age and in good health as prescribed in Article 60 of this Law, and proper driver licenses for the types of vehicle they are permitted to operate, which are granted by competent state agencies.
Learner drivers, when joining in traffic, shall practice driving on driving practice vehicles and have their driving supported by driving instructors.
- When operating a vehicle, the driver shall carry the following papers:
+ Vehicle registration paper;
+ Driver license, for motor vehicle operators defined in Article 59 of this Law;
+ Technical safety and environmental protection inspection certificate, for motor vehicles prescribed in Article 55 of this Law;
+ Motor vehicle owner civil liability insurance certificate.
What conditions must drivers of vehicles ensure? Is there a penalty for failure to lock the trunks of the car-like vehicles transporting goods when joining in traffic in Vietnam? (Image from the Internet)
What are the principles for sanctioning administrative violations in Vietnam?
Pursuant to Clause 1, Article 3 of the 2012 Law on Handling Administrative Violations in Vietnam, the principles for sanctioning administrative violations are specified as follows:
- All administrative violations must be detected and stopped in time and handled strictly and clearly, all consequences caused by administrative violations must be overcome strictly according to law provisions;
- The sanction of administrative violations must be conducted fast, with publicity, objective and proper competence, ensure fairness, in accordance to law provisions.
- The sanction of administrative violations must be based on the nature, seriousness, consequences of the violations, the subjects of violations and the extenuating as well as aggravating circumstances;
- Imposing administrative penalties only when there is any administrative violation prescribed by laws.
An administrative violation shall be sanctioned only once.
If multiple persons commit an administrative violation, each of them shall be sanctioned for such violation.
If a person commits multiple administrative violations or commits administrative violation(s) in multiple times, he/she shall be sanctioned for each violation, except when the act of committing administrative violation(s) is regulated as an aggravating circumstance by the Government; (as amended by Clause2 Article 1 of the 2020 Law on amendments to the Law on Handling Administrative Violations)
- The persons competent to sanction are responsible for proving administrative violations. Sanctioned individuals or organizations can self-prove or be proved by their legal representatives that they do not commit acts of administrative violations;
- For the same act of administrative violations, the fine levels for organizations are equal to 02 times compared with the fine levels for individuals.
Is there a penalty for failure to lock the trunks of the car-like vehicles transporting goods when joining in traffic in Vietnam?
Pursuant to Clauses 1 and c, Clause 8, Article 24 of Decree No. 100/2019/ND-CP stipulating penalties for failure to lock the trunks of car-like vehicles transporting goods as follows:
Penalties imposed upon operators of trucks, tractors (including trailers and towed semi-trailers) and or car-like vehicles transporting goods violating traffic rules
1. A fine ranging from VND 600,000 to VND 800,000 shall be imposed for:
a) Transporting goods without securing or without proper securing when goods require securing, except for violations specified in Point c Clause 4 of this Article;
b) Operating a vehicle to stack goods on top of the cockpit or loading goods in a manner that causes the vehicle to be unbalance;
c) Failure to lock or secure the trunks when the vehicle is moving.
…
8. A fine ranging from VND 8,000,000 to VND 12,000,000 shall be imposed upon:
a) Operating a vehicle (including trailers and semi-trailers) carrying cargo beyond the maximum permissible payload written in the Certificate of technical and environmental safety by exceeding 150%;
b) Operating vehicles towing trailers and semi-trailers whose total weight (including weight of the trailers, semi-trailers and carried goods) of trailers and semi-trailers exceed permissible weight to be towed as specified in the certificates for technical and environmental safety by exceeding 150%;
c) Committing the violation(s) specified in Clause l, Point c Clause 4 of this Article and causing traffic accidents.
Thus, according to the above regulations, for failure to lock the trunks of car-like vehicles transporting goods while the vehicle is moving, the driver may be fined for a traffic violation with an amount of from VND 600,000 to VND 800,000.
In case of causing a traffic accident, the vehicle driver may be fined from VND 8,000,000 to VND 12,000,000 and may be examined for penal liability if all the elements constituting the crime in accordance with the provisions of the criminal law are sufficient.
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