In Vietnam, does Decree 168 completely replace Decree 100? Will students in Vietnam face penalties under Decree 168?
In Vietnam, does Decree 168 completely replace Decree 100?
Under Article 53 of Decree 168/2024/ND-CP:
Effect
1. This Decree shall take effect from January 1, 2025, except for the provisions set forth in Clause 2 of this Article.
2. The provisions at Point m, Clause 3, Article 6, Point e, Clause 4, Article 26, Point b, Clause 1, Article 27 of this Decree shall take effect from January 1, 2026; the provisions at Point b, Clause 1, Article 32 of this Decree shall take effect in accordance with environmental protection laws regarding the inspection of emissions from motorcycles and mopeds.
According to the above provisions, Decree 168 does not completely replace Decree 100.
On the other hand, Article 52 of Decree 168/2024/ND-CP does not stipulate that Decree 168 completely abolishes Decree 100 but only amends, supplements, and abolishes certain provisions of Decree 100/2019/ND-CP.
Thus, Decree 168 abolishes and replaces Decree 100 in only certain provisions.
In Vietnam, does Decree 168 completely replace Decree 100? (Image from the Internet)
Will students in Vietnam face penalties under Decree 168?
According to Article 2 of Decree 168/2024/ND-CP, penalties under Decree 168 shall be imposed on Vietnamese individuals and organizations; foreign individuals and organizations involved in administrative violations regarding road traffic order and safety within the territory of the Socialist Republic of Vietnam.
Penalties under Decree 168 shall be imposed on the following entities:
- State agencies with violations not falling under their assigned governmental management duties;
- Public service providers;
- Socio-political organizations, socio-political professional organizations, social organizations, social-professional organizations;
- Economic organizations established under the provisions of the Enterprise Law 2020, including private enterprises, joint-stock companies, limited liability companies, partnership companies, and dependent units of enterprises (branches, representative offices);
- Economic organizations established under the provisions of the Cooperative Law 2023, including artels, cooperatives, and cooperative unions;
- Driver training facilities, driver testing centers, vehicle registration centers for motor vehicles, specialized vehicles, testing facilities, manufacturing, assembling, importing, warranty, and maintenance facilities for motor vehicles, specialized vehicles;
- Other organizations established under the provisions of the law;
- Foreign agencies and organizations permitted by competent Vietnamese authorities to operate within the territory of Vietnam.
Thus, students are still subject to penalties under Decree 168/2024/ND-CP if they commit violations of road traffic laws.
What is the maximum fine imposed for motorcycle operators who commit violations under Decree 168 in Vietnam?
In Clause 10 of Article 7 of Decree 168/2024/ND-CP, the maximum fine imposed for motorcycle operators who commit violations under Decree 168 in Vietnam is stipulated to be between VND 10,000,000 and VND 14,000,000 for following acts:
- Operating a vehicle without observing, reducing speed, or stopping to ensure safety as prescribed, causing a traffic accident;
- Operating a vehicle that exceeds the speed limit, causing a traffic accident;
- Entering the highway, stopping, parking, reversing, overtaking, changing direction, changing lanes improperly, causing a traffic accident;
- Not traveling on the correct lane, road section, not maintaining a safe distance between vehicles as prescribed, causing a traffic accident, or traveling into a road with a sign that prohibits entry for the type of vehicle being operated, traveling in the opposite direction on a one-way road, traveling in the opposite direction on a road with a "No Entry" sign, causing a traffic accident;
- Performing actions that cause a traffic accident:
+ Disobeying traffic signs and road markings;
+ Carrying a passenger using an umbrella;
+ Failing to comply with yielding rules at intersections, except for violations stipulated in Point c, Point d, Clause 6 of this Article;
+ Failing to use headlights from 6 PM to 6 AM or when there is fog, smoke, dust, rain, or bad weather limiting visibility;
+ Failing to yield to vehicles coming from the right at intersections without roundabout signs; not yielding to vehicles coming from the left at intersections with roundabout signs.
+ Violation of traffic light signals;
+ Violating the directives, and instructions of traffic controllers or regulators;
+ Failing to give way or obstructing emergency vehicles on duty;
+ Operating a vehicle causing swerving or zigzagging on roads; using a side stand or another object to scrape the road while driving;
+ Operating in a group of two or more vehicles exceeding the speed limit;
+ Reaching around the person seated in front to steer a vehicle, except when transporting children under six seated in front;
+ Using a horn or continuously revving an engine in populated areas, and medical facilities area. Vehicle operators using umbrellas or audio devices (except hearing aids), holding and using phones or other electronic devices.
+ Operating a vehicle at a speed lower than the minimum on roads with minimum speed regulations.
+ Operating on public roads without using low-beam lights in tunnels;
+ Operating a vehicle towing another vehicle or object;
+ Installing or using priority vehicle signal devices without authority;
+ Carrying more than two passengers on a vehicle, except for emergency transport of patients, children under 12, the elderly, or disabled people, escorting offenders;
+ Driving with three or more passengers;
+ A person operating a vehicle or carrying a passenger clinging to, pulling, pushing another vehicle or object, leading or carrying animals, carrying bulky items; carrying a person standing on the rear seat, cargo rack, or handlebars of the vehicle;
+ Using a horn from 10 PM to 5 AM in densely populated areas, except for emergency vehicles on duty as prescribed.
