Summary of remedial measures and implementation principles in Vietnam

Summary of remedial measures and implementation principles in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Remedial measures for damage caused by administrative road traffic offences and rail transport offences in Vietnam

According to Clause 1, Article 4 of Decree 100/2019/ND-CP, remedial measures for damage caused by administrative road traffic offences and rail transport offences:

- Enforced restoration to original conditions prior to the violations;

- Enforced removal of the construction or part of the construction that is not licensed or built against the license;

- Enforced adoption of measures to remediate environmental pollution caused by the violations;

- Enforce re-export of transports from Vietnam;

- Enforced return of the illegal profits generated by the violation;

- Other remedial measures specified in Section 2 and 3.

2. Other remedial measures in road traffic in Vietnam

According to Clause 2, Article 4 of Decree 100/2019/ND-CP, other remedial measures in road traffic:

- Enforced removal of objects obstructing sight of road signs and traffic lights or enforced relocation of trees planted in incorrect spots; 

- Enforced collection of rice, straw, agro-forestry-fishery products, garbage, wastes, vehicles, materials, goods, machinery, equipment, signboards, advertising panels, nails, pointy and sharp objects, string and other materials, obstacles;

- Enforced immediate adoption of measures to ensure traffic safety as per the law or enforced erection of construction notice boards containing adequate information as per the law;

- Enforced reconstruction of coach station, parking lots, rest stops and tollbooths satisfactory to regulations and law and technical standards;

- Enforced addition or repair of lost or damaged road signs and repair of damaged road infrastructure;

- Enforced installation of adequate equipment, replacement with equipment satisfactory to technical safety standards, restoration of technical attributes of vehicles and equipment in accordance with regulations and law or removal of equipment whose installation is against the law; 

- Enforced allocation of other vehicles for transportation of number of passengers exceeding maximum passenger capacity of the vehicles;

- Enforced adequate and accurate registration and declaration of information as per the law;

- Enforced installation of roof signs specifying “TAXI” or enforced display of phrases “XE TAXI” (taxi), “XE HỢP DỒNG” (vehicle operated under contracts) or “XE DU LỊCH” (vehicles for tourism);

- Enforced issuance of “Thẻ nhận dạng lái xe” (driver identification) for drivers as per the law; 

- Enforced organization of professional training or periodic medical check-up for drivers and on-board staff as per the law;

- Enforced entering into contracts with drivers and on-board staff;

- Enforced development and execution of procedures to ensure traffic safety as per the law;

- Enforced designation of eligible personnel directly operating transport activities as per the law;

- Enforced installation of cameras, seat belts, taximeters, receipt printers and tracking units on vehicles as per the law;

- Enforced provision, update, transmission, storage and management of information from the tracking units and cameras installed on vehicles as per the law;

- Enforced provision of username and password for log into software that processes data from the tracking units of automobiles or servers of entities for competent agencies as per the law;

- Enforced adequate and accurate preparation, update and storage of vehicles’ background, occupation background of drivers and relevant documents during management and operation of transportation as per the law;

- Enforced restoration of brands and paint color as specified in Vehicle registration as per the law or enforced compliance with regulations on license plates and lettering on sides and doors of vehicles;

- Enforced restoration to original shape, size or technical safety conditions of vehicles and re-registration before allowing the vehicles to participate in road traffic;

- Enforced adjustment to trunks of vehicles in accordance with applicable regulations and law, re-registration and adjustment to loads permitted for transport as specified in certificates of technical and environmental safety  as per applicable law prior to allowing the vehicles to participate in traffic;

- Enforced adoption of procedures for vehicle registration, ownership transfer, revision or revocation of vehicle registration, license plates and certificates of technical and environmental safety;

- Enforced relocation of vehicles to special commercial economic zones and economic zones at international border checkpoints.

3. Other remedial measures in rail transport in Vietnam

Specifically, in Clause 3, Article 4 of Decree 100/2019/ND-CP, other remedial measures in rail transport:

- Enforced correct and adequate installation and maintenance of usual operation of warning and signaling systems and equipment as per the law; 

- Enforced organization of brake tests or organization of protection measure testing as per the law;

- Enforced positioning of coaches carrying dangerous commodities (explosives, flammable substances) as per the law or switch of railway to other routes according to regulations and law on shunting;

- Enforced removal from railway, railway bridges and tunnels;

- Enforced removal of dirt, rock, sand, obstacles, straw, agriculture products, wastes, toxic substances, flammable substances, explosives, materials and other items from railways, railway structure or vicinity of land area for rail transport;

- Enforced relocation of ships, boats, other watercrafts or objects within the safety perimeter of the railway bridge;

- Enforced relocation of road transports, materials, machinery, equipment, commodities, warning signs and temporary signs away from railway clearance;

- Enforced immediately adoption of measures to ensure railway structure safety and rail transport safety as per the law;

- Enforced removal of objects obstructing sight of signs, markers and signals of railway structure or relocation of slabs made of concrete, wooden, metal or other material (illegally placed) out of safety perimeter of railway, reduction cut with respect to trees exceeding maximum height or relocation of trees planted against regulations and law affecting safety of railway structure and transport;

- Enforced removal of (illegally placed) vehicles, equipment, materials, goods, wastes, or other items out of safety perimeter of railway or railway safety corridor;

- Enforced removal or relocation of structure, houses, tents or buildings obstructing construction, innovation, expansion and safety assurance of railway structure or enforced removal or relocation of tents, buildings, advertising panels, direction signs, instruction signs and other objects (illegally placed, erected or established) obstructing vision from land area for rail transport or enforced demolition of expired constructions, demolition of constructions that are revoked or have permits cancelled; 

- Enforced fortification, relocation or innovation of construction affecting rail transport safety at request of competent agencies;

- Enforced repair, addition, replacement or fortification of damaged parts of railway infrastructure satisfactory to publicized maximum speed order and maximum load order.

- Enforced provision of safety equipment, signals, signs and protection signals as per the law;

- Enforced positioning of vehicles, materials and construction machinery as per the law and not obstructing train operation;

- Enforced adequate installation as per the law, replacement with equipment satisfactory to technical safety standards or restoration of technical attributes of equipment such as: automatic and manual train stop; emergency brake and pressure gauges (at working station of conductors and on passenger cars); devices attaching locomotives and cars;

End of train devices; speedometers, devices recording speed and information relating to train operation (black boxes); alerter devices to keep train operators awake; speed measuring devices, devices enabling communication between conductors and operators (at working station of conductors);   

- Enforced restoration to original structure, shape and use functions of vehicles prior to allowing the vehicles to participate in rail transport; 

- Enforced adequate provision of following instruments on passenger trains and cargo trains: escape equipment, fighting equipment and materials, first-aid kits, tools and materials for minor repairs, equipment for choking and signaling;

- Enforced relocation of offenders to positions as per the law or removal of individuals and cargoes from locomotives;

- Enforced allocation of other vehicles for transportation of number of passengers exceeding maximum passenger capacity of cars;

- Enforced revocation and disposal of specialized license and certificates illegally issued;

- Enforced removal of corpses, cremains, live animals, diseased animals, flammable substances, explosives, weapons, dangerous commodities from trains (at the nearest station in case of running trains), to stations for disposal as per the law;

- Enforced timely implementation of special and social security transportation tasks at request of heads of competent regulatory agencies as per the law.

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