Are there penalties for exceeding the permissible payload by 30% - 50%?

Main Content

• What is payload?
• What are principles for handling administrative violations?
• Who will be fined if the vehicle carries cargo beyond the maximum permissible payload by exceeding 30% - 50%? How much is the fine?

What is payload?

Pursuant to Clause 9 Article 3 of Circular 31/2019/TT-BGTVT of Vietnam on payload:

“Article 3. Term interpretation

In this Circular, terms below are construed as follows:

…

9. “Payload” refers to the permitted gross weight, determined according to Certificate of technical and environmental safety inspection of road vehicles.”

Thus, “Payload” refers to the permitted gross weight, determined according to Certificate of technical and environmental safety inspection of road vehicles.

Exceeding the permissible payload

What are principles for handling administrative violations?

Pursuant to Article 3 of the Law on Handling Administrative Violations 2012 of Vietnam on principles for handling administrative violations:

- Principles for sanctioning administrative violations include:

+ 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; (amended by Clause 2 Article 1 of amendments and supplements to certain articles of law on handling of administrative violations 2020 of Vietnam)

+ 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.

Thus, carrying cargo beyond the maximum permissible payload will be handled according to the above regulations.

Who will be fined if the vehicle carries cargo beyond the maximum permissible payload by exceeding 30% - 50%? How much is the fine?

Pursuant to Point a Clause 5 and Point a Clause 9 Article 24 of Decree 100/2019/ND-CP of Vietnam on penalties imposed upon operators of vehicles:

“Article 24. Penalties imposed upon operators of trucks, tractors (including trailers and towed semi-trailers) and or car-like vehicles transporting goods violating traffic rules

…

5. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for:

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 30% - 50%;

…

9. Apart from incurring fines, the vehicle operator that commits the violations shall also incur the following additional penalties:

a) The violation(s) specified in Points b and c Clause 2; Point b Clause 3; Points b and c Clause 4; Clause 5; Points a, b and d Clause 6 of this Article shall lead to suspension of driving license from 1 month to 3 months.”

Thus, the driver operating vehicles carrying cargo beyond the maximum permissible payload by exceeding 30% - 50% will be fined from VND 3,000,000 to VND 5,000,000 and suspended the driving license from 1 month to 3 months.

Pursuant to Point d Clause 9, Point I Clause 14 and Point dd Clause 15 Article 30 of Decree 100/2019/ND-CP of Vietnam on penalties imposed upon vehicle owners:

“Article 30. Penalties imposed upon vehicle owners

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9. For owners of cars, tractors, heavy-duty vehicles and car-like vehicles: A fine ranging from VND 6,000,000 to VND 8,000,000 shall be imposed upon an individual, from VND 12,000,000 to VND 16,000,000 upon an organization that commits any of the following violations:

…

d) Allowing an employee or representative to operate the vehicle committing any of the violations specified in Points a and d Clause 5 Article 24 hereof, or directly operating the vehicle committing any of the violations specified in Points a and d Clause 5 Article 24 hereof;

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14. Apart from incurring fines, the violator shall also incur the following additional penalties:

…

i) The violations specified in Point h Clause 7, Point d Clause 9, Point a Clause 10, Clause 11, Point a Clause 12 of this Article where the cargo container or payload of the vehicle is not conformable shall lead to suspension of the certificate of technical and environmental safety and stamp of technical and environmental safety for 1 month to 3 months;

…

15. Apart from incurring penalties, following remedial measures shall also be adopted:

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dd) In case of violation(s) specified in Point h Clause 7, Point d Clause 9, Point a Clause 10, Clause 11, Point a Clause 12 of this Article where trunks and amount of goods permissible for transport are not conformable to applicable regulations and law, enforced adjustment of trunks in a manner that is satisfactory to applicable regulations and law, inspection and adjustment of amount of goods in a manner that is satisfactory to certificates of technical and environmental safety before permitting operation of vehicle;”

according to the above regulations, for vehicle owners with vehicle overload rates of over 30% to 50%, individuals will be fined from VND 6,000,000 to VND 8,000,000; organizations will be fined from VND 12,000,000 to VND 16,000,000, lead to suspension of the certificate of technical and environmental safety and stamp of technical and environmental safety for 1 month to 3 months and if such vehicle has a trunk, it is also enforced adjustment of trunks in a manner that is satisfactory to applicable regulations and law, inspection and adjustment of amount of goods in a manner that is satisfactory to certificates of technical and environmental safety before permitting operation of vehicle."

Thus, if you are the driver operating the vehicle with the payload in excess of the permissible payload, you will be sanctioned for the driver under Point a Clause 5 and Point a Clause 9 Article 24 of Decree 100/2019/ND-CP of Vietnam, and if you hire a driver, you will be sanctioned for the vehicle owner according to Point d Clause 9, Point i Clause 14 and Point dd Clause 15 Article 30 of Decree 100/2019/ND-CP of Vietnam.