Vietnam: Ho Chi Minh City proposes to double the fine in Decree 100/2019/ND-CP for cars entering prohibited areas?

Recently, the People's Council of Ho Chi Minh City has just issued a Draft Resolution stipulating a specific fine frame for administrative violations in the field of road traffic in the city. So, in the near future, how much is the maximum fine for the act of cars entering a prohibited area in Ho Chi Minh City?

Ho Chi Minh City proposes to double the fine in Decree 100/2019/ND-CP for road traffic violations?

According to the provisions of Article 2 of the Draft Resolution stipulating a specific fine frame for administrative violations in the field of road traffic in Ho Chi Minh City, Vietnam, the maximum fine for individuals violating road traffic in Ho Chi Minh City, Vietnam is VND 75 million, specifically as follows:

"Article 2. Principles of application:
1. The fine frame prescribed for administrative violations in the Resolution is equal to twice the fine frame prescribed for the corresponding violation in Decree No. 100/2019/ND-CP (amended, added in 2021).
2. The fine specified in Chapter II of this Resolution is the maximum fine imposed on an individual. The maximum fine imposed on an individual in the field of road traffic is VND 75 million."

According to the above regulations, in the near future, for a number of road traffic violations in the area of Ho Chi Minh City, the fine frame will be doubled compared to the fine specified in Decree 100/2019/ND-CP (amended, added in 2021). The maximum fine for individuals violating a number of regulations in the field of road traffic is VND 75 million.

Vietnam: Ho Chi Minh City proposes to double the fine in Decree 100/2019/ND-CP for cars entering prohibited areas?

Vietnam: Ho Chi Minh City proposes to double the fine in Decree 100/2019/ND-CP for cars entering prohibited areas?

In the near future, how much is the fine for cars entering a prohibited area in Ho Chi Minh City?

According to the provisions of Clause 3 Article 4 of the Draft Resolution stipulating a specific fine frame for acts of administrative violations in the field of road traffic in Ho Chi Minh City, cars failing to pick up and drop off passengers in the right place in the area of Ho Chi Minh City in the near future will be fined as follows:

"Article 4. Penalties for drivers of cars and vehicles similar to cars who violate road traffic rules and regulations on road transport (according to the acts specified in Articles 5 and 23 of the Decree No. 100/2019/ND-CP (amended and supplemented in 2021)
...
4. A fine ranging from VND 4,000,000 to VND 6,000,000 shall be imposed for entering a prohibited area or road with a signboard containing the content prohibiting entry with the type of vehicle being driven (according to the acts specified at Point b Clause 4 Article 5 of Decree 100/2019/ND-CP (amended and supplemented in 2021)."

According to that, if an individual driving a car enters a prohibted area or a road with a sign that says it is forbidden to enter with the type of vehicle being operated, he or she may be fined from VND 4,000,000 to VND 6,000,000.

At the same time, the above violations may also be subject to additional penalties and remedial measures (if any) according to the corresponding regulations in Decree 100/2019/ND-CP of Vietnam (amended, added in 2021).

Rules for applying double fines under Decree 100/2019/ND-CP for the time of violations

According to Article 6 of the Draft Resolution stipulating a specific fine frame for administrative violations in the field of road traffic in Ho Chi Minh City, depending on the case where the violation occurs to apply the old fine in Decree 100/2019/ND-CP or the new fine, specifically as follows:

"Article 6. Transition terms
1. For the administrative violations specified in Chapter II of this Resolution occurring before the effective date of this Resolution and then discovered or being considered for settlement, the fines prescribed in regulations shall be applied. Decree 100/2019/ND-CP (amended and supplemented in 2021)
2. In case the Government promulgates a Decree to replace or amend or supplement the Decree on sanctioning of administrative violations in the field of road traffic (abbreviated as Decree replacing or amending and supplementing), then the following rules apply:
a) In case the sanction level for violations specified in this Resolution is lower than the sanctioning level for corresponding violations of the Decree replacing or amending or supplementing the Decree, the fine specified in this Decree shall be replaced or amended, supplemented.
b) In case the sanctioning level for violations specified in this Resolution is higher than the sanctioning level for corresponding violations of the Decree replacing or amending or supplementing the Decree, the fine specified in this Resolution shall be applied."

Who has the authority to penalize individuals violating road traffic in Ho Chi Minh City, Vietnam?

According to the provisions of Article 3 of the Draft Resolution stipulating a specific fine frame for administrative violations in the field of road traffic in Ho Chi Minh City on the competence to sanction individuals violating road traffic laws in Ho Chi Minh City as follows:

"Article 3. Penalizing competence
Titles competent to impose fines for administrative violations specified in Decree 100/2019/ND-CP (amended and supplemented in 2021) have the power to impose fines corresponding to the fines for with violations specified in Chapter II of this Resolution."

According to that, titles with the power to impose fines for administrative violations specified in Decree 100/2019/ND-CP (amended and supplemented in 2021) have the power to impose penalties corresponding to the fine of administrative violations specified in Chapter II of this Resolution.

Details of the Draft Resolution stipulating a specific fine frame for administrative violations in the field of road traffic in Ho Chi Minh City: here.

Thư Viện Pháp Luật

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