Vietnam: What are the penalties for unauthorized pick-up points during the Lunar New Year? What are the penalties for overloading passengers?
What is the permissible number of passengers for a passenger automobile in Vietnam?
Under Clause 2 Article 23 of Decree 100/2019/ND-CP (amended by Point c Clause 12 Article 2 of Decree 123/2021/ND-CP), the regulations are as follows:
Penalties imposed upon operators of civil and commercial passenger automobiles, and similar automobiles violating road traffic regulations
....
2. A fine ranging from VND 400,000 to VND 600,000 shall be imposed upon the operator of a passenger vehicle (except for buses) for each passenger carried beyond the following permissible limits: 02 or more excess passengers on a 9 seater vehicle or smaller, 03 or more excess passengers on a 10 - 15 seater vehicle; 04 or more excess passengers on a 16 - 30 seater vehicle; 05 or more excess passengers on a vehicle with more than 30 seats, except for the violations mentioned in Clause 4 of this Article. Nevertheless, the total fine incurred by such operator shall not exceed VND 40,000,000.
According to the regulation, the permissible number of passengers for a passenger automobile in Vietnam is as follows:
- 02 or more excess passengers on a 9 seater vehicle or smaller,
- 03 or more excess passengers on a 10 - 15 seater vehicle;
- 04 or more excess passengers on a 16 - 30 seater vehicle;
- 05 or more excess passengers on a vehicle with more than 30 seats.
Vietnam: What are the penalties for unauthorized pick-up points during the Lunar New Year? What are the penalties for overloading passengers?
What are the penalties for overloading passengers during the Lunar New Year in Vietnam?
Under Clause 2 Article 23 of Decree 100/2019/ND-CP (amended by Point c Clause 12 Article 2 of Decree 123/2021/ND-CP):
Penalties imposed upon operators of civil and commercial passenger automobiles, and similar automobiles violating road traffic regulations
....
2. A fine ranging from VND 400,000 to VND 600,000 shall be imposed upon the operator of a passenger vehicle (except for buses) for each passenger carried beyond the following permissible limits: 02 or more excess passengers on a 9 seater vehicle or smaller, 03 or more excess passengers on a 10 - 15 seater vehicle; 04 or more excess passengers on a 16 - 30 seater vehicle; 05 or more excess passengers on a vehicle with more than 30 seats, except for the violations mentioned in Clause 4 of this Article. Nevertheless, the total fine incurred by such operator shall not exceed VND 40,000,000.
Thus, exploiting the increased travel demand during the Lunar New Year to overload passengers can result in a fine ranging from 400,000 VND to 600,000 VND for each extra passenger exceeding the permitted number, but the maximum total fine cannot exceed 75,000,000 VND for the operator.
What are the penalties for unauthorized pick-up points during the Lunar New Year?
"Xe du" is a term referring to transportation business vehicles that are not registered, do not have fixed depots, and pick up and drop off passengers indiscriminately. These vehicles operate very flexibly, creating an unfair competitive environment and causing negative impacts on transport order and social security.
“Ben coc” refers to makeshift passenger terminals where passengers wait on the sidewalk to catch a bus, and passenger automobiles roam to pick up passengers.
Unauthorized passenger pick-up points during the Lunar New Year are increasingly prevalent due to the convenience they offer customers, who prefer them over spending extra time and money on motorbike taxis or taxis to official terminals.
Under Article 23 of Decree 100/2019/ND-CP (amended by Point c Clause 12 Article 2 of Decree 123/2021/ND-CP), penalties for unauthorized pick-up points are regulated as follows:
- A fine ranging from 1,000,000 VND to 2,000,000 VND for the following violations:
+ Picking up or disembarking passengers at improper places on fixed routes where such places are already determined; disembarking passengers or stopping to pickup or disembark passengers longer than permitted
+ Picking up or disembarking passengers where stopping or parking is prohibited or at a curved segment.
+ Picking up or disembarking passengers at places not specified in the contract.
- A fine ranging from 10,000,000 VND to 12,000,000 VND for operators picking up or disembarking passengers on highways.
Additionally, pursuant to Clause 8 Article 23 of Decree 100/2019/ND-CP (amended by Point c Clause 12 Article 2 of Decree 123/2021/ND-CP), the regulation is as follows:
Penalties imposed upon operators of civil and commercial passenger automobiles, and similar automobiles violating road traffic regulations
...
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 violation(s) specified in Point a Clause 7 of this Article shall lead to suspension of driving license from 02 months to 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.
In addition to financial penalties, operators committing these violations may also face the following additional penalties:
- Revocation of the driving license for 01 to 03 months for violations including:
+ Picking up or disembarking passengers at improper places on fixed routes where such places are already determined; disembarking passengers or stopping to pickup or disembark passengers longer than permitted
+ Picking up or disembarking passengers where stopping or parking is prohibited or at a curved segment.
+ Picking up or disembarking passengers at places not specified in the contract.
- Revocation of the driving license for 02 to 04 months for operators picking up or disembarking passengers on highways.
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