How much is fine for a driver driving a 16 sweater vehicle carrying passengers exceeding permissible amount in Vietnam?

How much is fine for a driver driving a 16 sweater vehicle carrying passengers exceeding permissible amount in Vietnam?

According to Clause 4 and Clause 9, Article 23 of Decree 100/2019/ND-CP amended by Point o, Clause 34, Article 2 of Decree 123/2021/ND-CP, regulating penalties imposed upon operators of civil and commercial passenger automobiles, and similar automobiles violating road traffic regulations as follows:

4. A fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed upon the operator of a passenger vehicle with routes longer than 300 km for every excess passenger carried beyond the following permissible limits: 02 or more excess passengers on a 9 sweater vehicle or smaller, 03 or more excess passengers on a 10 - 15 sweater vehicle; 04 or more excess passengers on a 16 - 30 sweater vehicle; 05 or more excess passengers on a 30 sweater vehicle or bigger. Nevertheless, the total fine incurred by such operator shall not exceed 75,000,000.

9. Apart from the penalties, the violating vehicle operator shall be compelled to:

a) The violation(s) specified in Clause 2 and Clause 4 of this Article (in case of passenger transportation) shall lead to allocation of other vehicles to carry passengers exceeding permissible amount;

b) The violation(s) specified in Point l Clause 3 of this Article (in case of charging beyond the limit) shall lead to return of illegal profit earned from the administrative violation.

Thus, according to the above regulations in Vietnam, drivers driving 16 sweater vehicles traveling distances greater than 300 km and carrying more than 4 people will be fined from 1,000,000 VND to 2,000,000 VND. In addition, other vehicles must be arranged to carry passengers exceeding permissible amount.

In your case, the driver only carried 2 more people in a 16 sweater vehicle than the number prescribed by law in Vietnam, so the driver in this case was not fined.

How much is fine for a driver driving a 16 sweater vehicle carrying passengers exceeding permissible amount in Vietnam? (Image from the Internet)

How much is fine for vehicle owner who gives vehicle to the driver of a 16 sweater vehicle that carries passengers exceeding permissible amount in Vietnam? 

According to Clause 6 and Clause 15, Article 30 of Decree 100/2019/ND-CP amended by Point dd, Clause 17, Article 2 of Decree 123/2021/ND-CP, regulating penalties imposed upon vehicle owners are as follows:

6. For each passenger carried beyond the seating capacity, a fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed upon an individual, from VND 2,000,000 to VND 4,000,000 upon an organization that allows their employee or representative to operate the vehicle committing the offence specified in clause 4 Article 23 of this Decree or directly operates the vehicle committing the offence specified in clause 4 Article 23 of this Decree (nevertheless, the total fine incurred by such individual shall not exceed VND 75,000,000; the total fine incurred by such organization shall not exceed VND 150,000,000).

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

a) The offence(s) specified in point b, point d, point h, point i, point k clause 5; point b, point e clause 7; point e, point i clause 8; point i clause 9 of this Article shall lead to confiscation of license plates and certificates of vehicle registration (re-issued); confiscation of forged documents and files; confiscation of license plates, equipment used to modify the license plates, certificates of vehicle registration, certificates of technical and environmental safety inspection, technical and environmental safety inspection stamps and certificates of temporary vehicle registration that are unsatisfactory or erased;

b) The offence(s) specified in point a clause 5, point a clause 7, point dd clause 8, point b clause 9 of this Article shall lead to confiscation of vehicles;

c) The offence(s) specified in points g and h clause 5; point e clause 8, point b clause 10 of this Article in case of failure to have the certificate of vehicle registration or using the certificate of vehicle registration that is not issued by a competent authority, on which the vehicle’s chassis or engine number is incorrect or which is falsified (including trailer and semi-trailer) without any document proving the vehicle’s origin (no document concerning the transfer of vehicle ownership or document concerning the vehicle’s legal origin) shall lead to confiscation of the vehicle;

d) The offence(s) specified in points g, h, i and k clause 5; points g and i clause 7; points b, c, d, dd, e, g and i clause 8; points c, d, h  and i clause 9; clause 10; point c clause 12; point dd clause 13 of this Article in case vehicle owners directly operate the vehicles shall lead to suspension of the driver’s license (in case of road vehicles) and certificates of training in traffic rules (in case of transport construction machinery) for 01 - 03 months;

dd) The offence(s) specified in clause 11; point b clause 12; points a, b, c, d, e and g clause 13 of this Article in case vehicle owners directly operate the vehicles shall lead to suspension of the driver’s license (in case of road vehicles) and certificates of training in traffic rules (in case of transport construction machinery) for 02 - 04 months;

e) The offence(s) specified in point a clause 12, clause 14 of this Article in case vehicle owners directly operate the vehicles shall lead to suspension of the driver’s license (in case of road vehicles) and certificates of training in traffic rules (in case of transport construction machinery) for 03 - 05 months;

g) The offence(s) specified in clauses 3 and 6 of this Article in case a vehicle owner directly operates a vehicle exceeding the seating capacity by more than 50% - 100% shall lead to suspension of the driver’s license for 01 - 03 months;

h) The offence(s) specified in clauses 3 and 6 of this Article in case a vehicle owner directly operates a vehicle exceeding the seating capacity by more than 100% shall lead to suspension of the driver’s license for 03 - 05 months;

i) The offence(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 the trunk or payload of a vehicle is not conformable with applicable regulations shall lead to suspension of the certificate of technical and environmental safety inspection and inspection stamp for 01 - 03 months;

k) The offence(s) specified in points a, e and g clause 9 of this Article shall lead to confiscation of the certificate of technical and environmental safety inspection or inspection stamp for 01 - 03 months;

l) The offence(s) specified in clauses 3 and 6 of this Article in case of operating a vehicle exceeding the seating capacity by more than 50% shall lead to suspension of badges for 01 - 03 months (if any). The offence(s) specified in point h, point i clause 7; point c, point d clause 9; point a clause 10; clause 11; clause 12; clause 13; clause 14 of this Article shall lead to suspension of badges for 01 - 03 months (if any).

Therefore, if the car owner assigns the driver to drive a 16 sweater vehicle on a route with a distance of more than 300 km to carry passengers exceeding permissible amount, he or she will be fined from 2,000,000 VND to 4,000,000 VND for each passenger exceeding permissible amount in Vietnam. Passenger vehicle transport permit but the total maximum fine does not exceed 150,000,000 VND.

In addition, in case of carrying more than 50% of the number of people allowed to carry the vehicle, the right to use badges (signs) will be revoked from 01 month to 03 months (if any) in Vietnam.

Best regards!