How much is fine for failure to turn on lamps while operating cars in a road tunnel in Vietnam?

How much is fine for failure to turn on lamps while operating cars in a road tunnel in Vietnam?

According to Article 27 of the Road Traffic Law 2008, traffic in road tunnels is as follows:

Operators of vehicles traveling in road tunnels, apart from complying with traffic rules provided in this Law, shall also observe the following provisions:

1. Motor vehicles and special-use vehicles must switch on their lamps and rudimentary vehicles must switch on their lamps or carry luminous signal devices;

2. They may only stand and park their vehicles at prescribed places.

In Clause 18, Article 3 of the Law on Road Traffic 2008, the terms are explained as follows:

18. Road motor vehicle (below referred to as motor vehicle) means automobile; tractor; trailer or semi-trailer drawn by automobile or tractor; motorcycles, three-wheeled motor vehicle, moped (including electric moped) and the like.

Pursuant to Clauses 3 and 11 Article 5 of Decree 100/2019/ND-CP as amended by Point a, Clause 3, Article 2 of Decree 123/2021/ND-CP stipulating penalties imposed upon operators of cars and car-like vehicles violating traffic rules as follows:

3. A fine ranging from VND 800,000 to VND 1,000,000 shall be imposed upon a vehicle operator who commits any of the following violations:

a) Exceeding the speed limits by from 5 km/h to under 10 km/h;

b) Continuously honking, revving up the engine, using air horns or high beam in an urban area or residential area, except for emergency vehicles on duty;

c) Turning without slowing down or signaling (unless going along a curved segment where there is no intersection);

d) Failure to obey the regulations on stopping or parking at intersection with the railway; stopping or parking within the railway safety perimeter, except for the violations specified in Point b Clause 2, Point b Clause 3 Article 49 hereof;

dd) Stopping or parking on the left side of a one-way road, on a curved road or near the top of the slope where view is blocked, on a bridge, under an overpass, parallel to a stopping or parking vehicle, at an intersection within 05 m from the edge of the intersection, at a bus stop, in front of or within 05 m beside a gate of an organization that has car way, on a road that is wide enough for only one lane; stopping or parking in a manner that block road signs; stopping or parking at median barriers;

e) Failure to stop the vehicle close to the sidewalk on the right side, or the distance from the right wheel to the sidewalk exceeds 0.25 m; stopping on the tramway or bus lane; stopping right above a manhole, cable duct opening, at a fire hydrant; parking on the sidewalk against the law; parking where a “Cấm đỗ xe” (No parking) sign or “Cấm dừng xe và đỗ xe” (No stopping and parking) sign is erected, except for the violations specified in Point i Clause 4 and Point b Clause 6 of this Article;

g) Failure to turn on the lights or using insufficient lighting from 7 pm to 5 am or in a foggy or bad weather when visibility is short; using the full beam when facing oncoming vehicles;

h) Towing another vehicle or object (except for a trailer, semi-trailer, car, or heavy-duty vehicle that cannot run itself); operating a car pushing another vehicle or object; towing a trailer or semi-trailer and another trailer or another vehicle or object; failure to safely connect the towing and towed vehicles;

i) Carrying passengers on the towed vehicle, except for the driver;

k) Making a u-turn at a level crossing; making a u-turn at narrow section of the road, on a slope, on a curve section of the road with limited sight or making a u-turn while operating a vehicle prohibited from doing so by a “no u-turn” sign; making a left turn while operating a vehicle prohibited from doing so by a “no left turn” sign; making a right turn while operating a vehicle prohibited from doing so by a “no right turn” sign;

l) Causing a collision with the vehicle ahead due to failure to keep a safe distance; failure to keep the safe distance in accordance with the “Cự ly tối thiểu giữa hai xe” (Safety distance) sign, except for the violations specified in Point g Clause 5 of this Article;

m) Failure to reduce speed and yield when joining the traffic from an alley or when moving from a small road to a major road;

n) Failure to yield to vehicles in the emergency lane or on the major road at an intersection;

o) Reversing the vehicle on a one-way road or a road where a “Cấm đi ngược chiều” (No entry) sign is erected, where stopping is prohibited, at a crosswalk, at an intersection with another road or railway, where view is blocked; reversing the vehicle without observation or without signals; except for cases specified in Point a Clause 8 of this Article;

p) Failure to fasten seat belt while operating the vehicle;

q) Carrying passengers who fail to fasten the seat belts (if available) while the vehicle is running;

r) Failure to turn on low beam while operating the vehicle in a road tunnel;

s) Operating the vehicle at a lower speed than the lowest permissible speed.

11. Apart from incurring fines, the violating operator shall also incur the following additional penalties:

a) The violation(s) specified in Point e Clause 4 of this Article shall lead to confiscation of the warning device(s) installed illegally;

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

c) The violation(s) specified in Point c Clause 5; Points a and b Clause 6; Clause 7 of this Article shall lead to suspension of driving license from 2 months to 4 months. Committing violation(s) specified in Points a, d, dd, e and g of Clause 1; Points b, d and g of Clause 2; Points b, g, h, m, n, r and s of Clause 3; Points a, c, e, g and h of Clause 4; Points a, b, e, g and h Clause 5 of this Article and causing accidents shall lead to suspension of driving license from 2 months to 4 months;

d) The violation(s) specified in Clause 9 of this Article or repetition of violation(s) specified in Point b Clause 7 of this Article shall lead to suspension of driving license from 3 months to 5 months;

dd) The violation(s) specified in Points a and b Clause 8 of this Article shall lead to suspension of driving license from 5 months to 7 months;

e) The violation(s) specified in Point c Clause 6 of this Article shall lead to suspension of driving license from 10 months to 12 months;

g) The violation(s) specified in Point c Clause 8 of this Article shall lead to suspension of driving license from 16 months to 18 months;

h) The violation(s) specified in Clause 10 of this Article shall lead to suspension of driving license from 22 months to 24 months;

Thus, failure to turn on lamps while operating cars in a road tunnel is a violation of the law in Vietnam, so a fine of between VND 800,000 and VND 1,000,000 will be imposed. In addition, the driver of a car in a road tunnel without turning on the lamps, causing a traffic accident will be deprived of the right to use the driving license from 02 months to 04 months. 

The fine that the police have fined you when you drive a car in the Hai Van tunnel without turning on the lamps is in accordance with the law in Vietnam.

Can the police temporarily seize the driving licenses of car drivers for failure to turn on lamps while operating cars in a road tunnel in Vietnam?

In Clause 6, Article 125 of the Law on Handling of Administrative Violations 2012, supplemented by Points a and b, Clause 64, Article 1 of the Amended Law on Handling of Administrative Violations of 2020 stipulates custody of material evidences and/or means of the administrative violations, permits, professional practice certificates according to administrative procedures:

6. Where the sanctioning form of fine is applied only to violating individuals or organizations, the persons with sanctioning competence may temporarily seize one of papers of kinds under order as follows: the driving licenses or permits for circulation of means or other necessary relevant papers related to material evidences and/or means of violations until such individuals or organizations completely execute the sanctioning decisions. If the violating individuals or organizations do not have the above-mentioned papers, the persons with sanctioning competence may temporarily seize the material evidences and/or means of violations, except for case specified in clause 10 of this Article.

Therefore, your case is that driving a car in a road tunnel without turning on the lamps does not cause a traffic accident in Vietnam, so only a fine is applied, the police have right to temporarily seize your driving license. It is not illegal for the police to seize your driving license.

What is time limit for temporarily seizing driving licenses in Vietnam?

According to Clause 8, Article 125 of the Law on Handling of Administrative Violations 2012 as amended by Point b, Clause 64, Article 1 of the Amended Law on Handling of Administrative Violations of 2020 stipulates custody of material evidences and/or means of the administrative violations, permits, professional practice certificates according to administrative procedures:

8. The time limit of temporarily seizing material evidences and/or means of violations, permits, or professional practice certificates is 07 days, after day of temporarily seizing. The time limit of temporarily seizing may be prolonged for cases with complex facts, need verify but not exceeding 30 days, as from the days of temporarily seizing material evidences, permits, professional practice certificates.

For cases specified in paragraph 2, clause 1, Article 66 of this Law, which need have more time to certify, the competent persons solving cases must report to their direct heads in writing in order to request for extension of temporary seize; the extension must presented in writing, time limit of extension not exceeding 30 days.

The time limit of temporarily seizing material evidences and/or means of violations, permits, professional practice certificates is calculated from time point when material evidences and/or means of violations, permits, professional practice certificates are temporarily seized in reality.

The time limit of temporarily seizing material evidences and/or means of violations, permits, professional practice certificates not exceeding time limit of issuing decision on sanctioning administrative violations specified in Article 66 of this Law, except from case specified in point c, clause 1 of this Article.

The above is the regulation on the period of temporarily seizing the driving license in Vietnam. In your case, the time limit for temporarily seizing the driving license will not exceed 07 working days from the date of detention. If there are other cases, it will be based on the time limits mentioned above.

Best Regards!