Vietnam: Do 2.5-ton trucks carrying family goods have to be fitted with the prescribed automobile trackers?
Do 2.5-ton trucks to carry family goods have to be fitted with automobile trackers in Vietnam?
Pursuant to the provisions of Article 12 of Decree 10/2020/ND-CP stipulating as follows:
Article 12. Regulations on automobile trackers
1. Commercial automobiles and shuttle buses must be equipped with automobile trackers.
2. Automobile trackers must comply with national technical regulations, be in good condition and operate continuously.
3. Automobile trackers must satisfy the following requirements:
a) Automobile trackers shall retain and transmit information on routes, driving speed and non-stop driving time to the vehicle tracking data system of the Ministry of Transport (Directorate for Roads of Vietnam);
b) Information from automobile trackers shall be used for state management of transport and operation of transport businesses and shared with the Ministry of Public Security (Traffic Police Authority) and Ministry of Finance (General Department of Taxation) for cooperation in state management of traffic order and safety; public order and security; and tax.
4. Directorate for Roads of Vietnam shall retain data on traffic violations for 03 years.
5. Transport businesses shall maintain operation of automobile trackers to provide the information prescribed in Point a Clause 3 of this Article.
6. Transport businesses and commercial car drivers shall not employ technical measures, peripherals or other measures to disrupt GPS or GSM signal or falsify data from automobile trackers. Before operating an automobile, the driver must use their driver identity card to log in to the automobile tracker and log out after the drive to record their non-stop driving time and daily driving time.
Thus, according to the above regulations, your car used to carry family goods to serve the trade in the case of freight business must be equipped with automobile trackers.
Vietnam: Do 2.5-ton trucks carrying family goods have to be fitted with the prescribed automobile trackers?
How to install, manage and exploit information from automobile trackers in Vietnam?
Pursuant to Article 15 of Circular 12/2020/TT-BGTVT stipulating the installation, management and exploitation of information from vehicle journey monitoring equipment as follows:
Article 15. Installation, management and exploitation of information from auto-tracking devices
1. Auto tracking devices shall have their conformity with regulations certified, sufficiently and continuously record and transmit information including itinerary, speed and continuous driving hours to servers of transport businesses or data processing service providers.
2. Responsibilities of every transport business
a) Install tracking devices on its automobiles as prescribed;
b) Maintain good technical condition, transmit and provide compulsory information obtained from tracking devices in a sufficient, accurate and continuous manner during the transport;
c) Provide usernames and passwords for access to data processing data software from tracking devices installed on its automobiles to the Department of Transport issuing badges.
d) Deploy its officials to monitor automobiles via tracking devices; warn and take actions against drivers that violate rules of the transport business;
dd) Update and store compulsory information for at least 01 year.
3. Transport businesses and drivers shall comply with Clause 6 Article 12 of the Decree No. 10/2020/ND-CP .
Thus, according to regulations, the installation of automobile trackers must be carried out in accordance with the provisions of law.
How is a 2.5-ton truck carrying family goods without automobile trackers sanctioned in Vietnam?
Pursuant to Article 23 of Decree 100/2019/ND-CP (amended by Point b Clause 12 Article 2 of Decree 123/2021/ND-CP) stipulating the sanction of drivers of passenger cars, passenger cars and vehicles similar to passenger cars, carrying people violating regulations on road transport as follows:
6. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for:
a) Transporting dangerous, toxic, flammable, explosive goods, transporting animals or other goods that affect the health of passengers on the passenger vehicle;
b) Carrying people on the hood, roof, or in the trunk;
c) Attacking passengers physically;
d) Operating the vehicle beyond time limits specified in Clause 1 Article 65 of the Law on Road traffic;
dd) Operating a passenger-carrying motor vehicle without installing the vehicle’s tracker as prescribed or with the vehicle’s tracker which fails to operate as prescribed or employing technical measures, peripherals or other measures to falsify data from the tracker installed on the vehicle;
e) Operating an international passenger transport vehicle without a national symbol or international transport badge or an unexpired one or one issued by a competent authority.
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8. Apart from incurring fines, the vehicle operator that commits the violations shall also incur the following additional penalties:
a) The violation(s) specified in Clause 2, Clause 4 (in case of exceeding from more than 50% to 100% of number of passengers permissible for transportation); Points c, d and e Clause 3; Points a, b, c ,d , dd, e, h, i, k, l, m, o and q Clause 5; Clause 6; Point b Clause 7 of this Article shall lead to suspension of driving license from 1 month to 3 months;
b) The offence specified in clause 7a of this Article shall lead to suspension of the driver’s license for 02 - 04 months;
c) The violation(s) specified in Clause 2 and Clause 4 of this Article (in case of exceeding 100% of number of passengers permissible for transport) shall lead to suspension of driving license from 3 months to 5 months;
d) The violation(s) specified in Point e Clause 6, Point b Clause 7 of this Article shall lead to confiscation of expired badges or badges issued by other than competent authorities.
Thus, the driver of a vehicle engaged in passenger transport business does not attach a vehicle cruise monitoring device as prescribed or has a vehicle journey monitoring device attached, but the device does not operate according to regulations or uses technical measures, peripheral equipment, other measures that falsify the data of the car's cruise monitoring device will be fined from VND 3,000,000 to VND 5,000,000 and additional sanctions are imposed as deprivation of the right to use a driver's license from 01 month to 03 months.
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