Traffic police authority in Vietnam has the responsibility to suspend activities on pavement concerning security and order issues in Vietnam from January 1, 2025

Traffic police authority in Vietnam has the responsibility to suspend activities on pavement concerning security and order in Vietnam from January 1, 2025 (Internet image)

On June 27, 2024, the National Assembly of Vietnam promulgated the Law on Road Traffic Order and Safety 2024.

Traffic police authority in Vietnam has the responsibility to suspend activities on pavement concerning security and order in Vietnam from January 1, 2025

Article 77 of the Law on Road Traffic Order and Safety 2024 stipulates road traffic order and safety assurance in temporary use of roadway and pavement for other purposes in Vietnam

- The roadway is used for traffic purposes; pavements are for pedestrians. In cases of necessity for the temporary use of the roadway and pavements to serve political events, cultural, sports activities, and other purposes, agencies, organizations, or individuals wishing to temporarily use the roadway and pavements must have a plan for temporary use and be approved by the competent authority; the authority allowing the temporary use of the roadway and pavements must immediately notify the Traffic police authority.

- Agencies, organizations, or individuals temporarily using the roadway and pavements must use them for their intended purpose authorized by the competent authority; comply with the requirements of the Traffic Police; do not disrupt road traffic order and safety; restore the roadway and pavements to their original state after usage.

- The Traffic police authority has the following responsibilities:

+ Develop and implement plans to ensure road traffic order and safety;

+ Notify and implement temporary traffic routing plans;

+ Resolve situations causing loss of road traffic order, security, and safety; where temporary use of roadway and pavement does not meet road traffic security, safety, and order requirements, temporarily suspend the use and request competent authority to adjust use solutions accordingly.

Thus, according to the above regulation, the Traffic police authority is responsible for temporarily suspending activities regarding pavements that do not meet security, order, and road traffic safety requirements by the competent authority to adjust usage plans appropriately.

Penalties for acts of doing business and encroaching on the pavement in Vietnam

- Pursuant to Clause 1, Article 12 of Decree 100/2019/ND-CP, a fine from 100,000 VND to 200,000 VND is imposed on individuals and from 200,000 VND to 400,000 VND on organizations for committing one of the following violations:

+ Peddling or selling small goods on urban roadways, on pavements of streets where selling is prohibited, except for violations specified in point c, clause 2, point b, clause 5, point e, clause 6, Article 12 of Decree 100/2019/ND-CP;

+ Drying rice, straw, agricultural, forestry, fishery products on roads; placing rice threshing machines on roads.

- In clause 5, Article 12 of Decree 100/2019/ND-CP, fines from 2,000,000 VND to 3,000,000 VND for individuals and from 4,000,000 VND to 6,000,000 VND for organizations for committing the following violations:

+ Erecting unauthorized tents, stalls, entry gates, fences, or other structures within land reserved for roads, except for violations as specified in point đ clause 6, point b clause 8, point a clause 9, Article 12 of Decree 100/2019/ND-CP;

+ Unauthorized usage of urban roadways, pavements for: Holding markets; providing food and beverage services; displaying, selling goods; repairing vehicles, machinery, equipment; washing vehicles; setting up, hanging signboards, advertisements; constructing, placing platforms; creating canopies or conducting activities obstructing traffic, except for violations specified in point d, point đ, point e, point g of clause 6; clause 7; point a of clause 8, Article 12 of Decree 100/2019/ND-CP;

+ Occupying under 05 m2 of urban roadways or pavements as a parking space;

+ Occupying under 20 m2 of the road lane or roadside for external roads as a parking space."

- Fines from 3,000,000 VND to 5,000,000 VND for individuals and from 6,000,000 VND to 10,000,000 VND for organizations unauthorized demolishing, breaking curbstones, or unauthorized repairing, altering pavements.

- Fines from 5,000,000 VND to 7,000,000 VND for individuals and from 10,000,000 VND to 14,000,000 VND for organizations unauthorized drilling, digging, chiseling roads, pavements or unauthorized dismantling, opening causing damage to manhole covers, underground structures, tunnel systems on traffic roads.

More details can be found in Law on Road Traffic Order and Safety 2024 which comes into force in Vietnam from January 1, 2025, except as provided in clause 2, Article 88 of the Law on Road Traffic Order and Safety 2024.

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