When participating in traffic, it is often unavoidable to be flagged down by traffic police officers. Therefore, vehicle operators in Vietnam should equip themselves with the necessary knowledge to comply with penalties if committing violations or making complaints in case of imposing penalties against the law to protect their rights.
Article table of contents
Can traffic police officers in Vietnam stop vehicles to check documentation in case of no violation? (Illustrative photo)
The article below by Lawnet will answer two issues that operators often question: Can traffic police officers in Vietnam stop vehicles to check documentation in case of no violation? What are the penalties for failing to have or carry vehicle documentation?
1. Can traffic police officers in Vietnam stop vehicles to check documentation in case of no violation?
According to Article 16 of Circular 65/2020/TT-BCA, traffic police officers on duty for patrol and control as planned are allowed to stop vehicles for inspection in the following 4 cases:
- Directly detect or through technical and professional equipment, detect and record violations of road traffic laws and other laws;
- Execute orders, overall plans for controlling road vehicles, patrol plans, thematic control, and violation handling plans approved by authorized entities;
- Have a written request from the Head or Deputy Head of the investigation agency; a written request from competent related agencies to stop vehicles for inspection to serve assurance of security, order, crime prevention, and other law violations. The written request must specify the time, route, and vehicles to be stopped for inspection, handling, and participating cooperative forces;
- Reports, reflections, recommendations, complaints from organizations, and individuals about violations of the law by road vehicle users and vehicles.
Thus, Traffic Police have the right to request vehicle owners to stop their vehicles for paperwork inspection based on the above-mentioned grounds, but if they impose penalties, they must prove the traffic violation (Point dd Clause 1 Article 3 of the Law on Handling Administrative Violations 2012).
2. Penalties for failing to have or carry vehicle documentation
According to Clause 2 Article 58 of the Road Traffic Law 2008:
2. A operator when operating a vehicle must carry the following documents:
a) Vehicle registration certificate;
b) driving license for operators of motor vehicles as specified in Article 59 of this Law;
c) Certificate of technical and environmental safety inspection for motor vehicles as specified in Article 55 of this Law;
d) Motor vehicle owner's civil liability insurance certificate.
When operating a vehicle, the operator is required to carry the vehicle registration certificate, driving license , certificate of technical and environmental safety inspection for motor vehicles, and motor vehicle owner's civil liability insurance certificate (collectively referred to as vehicle documents).
The penalties for failing to have or carry the stated vehicle documents are as follows:
Firstly, for automobiles (including trailers or semi-trailers pulled by trucks) and similar vehicles:
- A fine of 2,000,000 VND to 3,000,000 VND, and driving license suspension for 1 - 3 months for "Driving a vehicle without the prescribed vehicle registration certificate or with an expired certificate (including trailers and semi-trailers)” (Point a Clause 4 Decree 100/2019/ND-CP);
- A fine of 200,000 VND to 400,000 VND for “failing to carry a driving license ; failing to carry a vehicle registration certificate; failing to carry a certificate of technical and environmental safety inspection (for vehicles required to be inspected, including trailers and semi-trailers)” (Clause 3 Article 21 of Decree 100);
- A fine of 400,000 VND to 600,000 VND for “failing to carry motor vehicle owner's civil liability insurance certificate” (Clause 4 Article 21 of Decree 100);
- A fine of 2,000,000 VND to 3,000,000 VND for “Driving a vehicle with a certificate or inspection sticker of technical and environmental safety that has expired for less than 1 month (including trailers and semi-trailers)” (Point c Clause 4 Article 16 of Decree 100);
- A fine of 4,000,000 VND to 6,000,000 VND for “Driving a vehicle without a certificate or inspection sticker of technical and environmental safety (for vehicles required to be inspected, except temporarily registered vehicles) or with one that has expired for 1 month or more (including trailers and semi-trailers)” (Point e Clause 5 Article 16 of Decree 100).
Secondly, for motorcycle operators (including electric motorcycles), motorcycles, and similar vehicles:
- A fine of 300,000 VND to 400,000 VND for “Driving a vehicle without the prescribed vehicle registration certificate or with an expired certificate” (Point a Clause 2 Article 17 of Decree 100).
- A fine of 100,000 VND to 200,000 VND for “failing to have or carry the motor vehicle owner's civil liability insurance certificate; failing to carry the vehicle registration certificate; failing to carry the driving license ” (Clause 2 Article 21 of Decree 100).
- A fine of 800,000 VND to 1,200,000 VND for motorcycle operators with an engine capacity under 175 cm³ and similar vehicles for “Not having a driving license using a driving license issued by a competent authority, or a tampered license” (Point a Clause 5 Article 21);
- A fine of 400,000 VND to 600,000 VND for “Motorcycle, tractor, and similar vehicle operators failing to have or carry the motor vehicle owner's civil liability insurance certificate” (Point b Clause 4 Article 21 of Decree 100).
Thu Ba
