Vietnam: What are the penalties imposed on persons using cell phones with hands while operating auto vehicles under Decree 123/2021/ND-CP?
What are the penalties imposed on persons using cell phones with hands while operating auto vehicles in Vietnam?
According to Point a, Clause 4 and Point b, Point c, Clause 11, Article 5 of Decree 100/2019/ND-CP (amended and supplemented at Points c and d, Clause 34 Article 2 of Decree 123/2021/ND-CP):
- A fine ranging from VND 2,000,000 to VND 3,000,000 shall be imposed on persons using cell phones with hands while operating auto vehicles on public roads.
- In addition to the above fine, they also will face additional penalties:
+ Be revoked driving license from 01 month to 03 months.
+ Be revoked driving license from 02 months to 04 months if causing traffic accidents.
Shall persons using headphones while operating auto vehicles in Vietnam be fined?
According to the provisions of Point c, Clause 3, Article 30 of the Law on Road Traffic 2008, operators of motorcycles, three-wheeled motor vehicles, or mopeds are not allowed to use audio devices, except hearing aids while participating in traffic.
For the act of using headphones while operating motor vehicles or motorcycles (including electric motorcycles) and similar vehicles, operators shall be fined from VND 800,000 to VND 1,000,000 as prescribed at Point h, Clause 4, Article 6 of Decree 100/2019/ND-CP amended and supplemented by Decree 123/2021/ND-CP.
In addition, persons using headphones while operating vehicles shall also be revoked their driving license from 01 month to 03 months specified at Point b, Clause 10, Article 6 of Decree 100/2019/ND-CP.
Decree 100/2019 does not provide for penalties imposed on persons using headphones and audio devices while operating auto vehicles. Therefore, persons using headphones while operating auto vehicles in Vietnam shall not be fined.
What is the maximum allowed speed for auto vehicles traveling traffic roads in Vietnam?
According to the provisions of Article 7 and Article 9 of Circular 31/2019/TT-BGTVT:
- Maximum allowed speed of auto vehicles traveling in crowded areas (except on expressways):
+ On dual carriageways; one-way streets with at least 2 lanes for road vehicles: 60 km/h.
+ On two-way streets; one-way streets with 1 lane for road vehicles: 50 km/h.
- Maximum allowed speed of auto vehicles traveling outside of crowded areas (except on expressways):
- The maximum allowed speed on the expressway must not exceed 120 km/h.
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