From what level of payload exceeding is a cargo carriage considered overload in Vietnam?

15:31, 09/07/2024

From what level of payload exceeding is a cargo carriage considered overload in Vietnam? - Mr. Tien (Da Nang)

How much percentage of the load exceeding the capacity is considered overloaded

From what level of payload exceeding is a cargo carriage considered overload in Vietnam? (Internet image)

Regarding this issue, LawNet provides the following explanation:

1. From what level of payload exceeding is a cargo carriage considered overload in Vietnam?

First, we need to understand the concept of "load capacity". According to Clause 9, Article 3 of Circular 31/2019/TT-BGTVT, load capacity is the permissible weight of goods to be transported, determined by the Certificate of Technical Safety and Environmental Protection for road motor vehicles.

From the above provision, we understand that overloading means the vehicle is carrying more goods than permitted.

According to Clause 2, Article 24 of Decree 100/2019/ND-CP which stipulates penalties for operators of trucks, tractors (including trailers or semi-trailers), and similar vehicles transporting goods in violation of road transport regulations:

- A fine of 800,000 VND to 1,000,000 VND will be imposed for any of the following violations:

+ Operating a vehicle (including trailers and semi-trailers) carrying goods exceeding the load capacity (weight of transported goods) permitted for traffic as stated in the Certificate of Technical Safety and Environmental Protection of the vehicle by 10% to 30% (excluding liquid tank trucks), and from 20% to 30% for liquid tank trucks;

+ Carrying goods on the roof of the vehicle; carrying goods exceeding the width of the vehicle body; carrying goods exceeding the front or rear of the vehicle by over 10% of the vehicle length;

+ Carrying people in the cargo area against regulations; allowing people to lie or sit on the roof, cling outside the vehicle while moving;

+ Operating vehicles for goods transportation business without or not carrying the Transportation Certificate in paper form, not having equipment to access software displaying the content of the Transportation Certificate, or having the equipment but not providing it to the authorities upon request;

+ Operating a vehicle towing a trailer or semi-trailer where the total weight (including the weight of the trailer or semi-trailer itself and the transported goods) of the trailer or semi-trailer exceeds the permitted towing weight stated in the Certificate of Technical Safety and Environmental Protection by 10% to 30%.

Hence, a vehicle carrying goods exceeding 10% of the load capacity is considered overloaded.

2. Penalties for overloaded vehicles in Vietnam

According to Articles 24 and 78 of Decree 100/2019/ND-CP, the penalties for overloaded vehicles in Vietnam are specified as follows:

% payload exceeding	Penalties for drivers	Penalties for vehicle owners
10 - 40%	800,000 VND - 1,000,000 VND	Individual: 2,000,000 VND – 4,000,000 VND Organization: 4,000,000 VND – 8,000,000 VND
40 - 60%	3,000,000 VND – 5,000,000 VND License suspension from 1 to 3 months	Individual: 12,000,000 VND – 14,000,000 VND Organization: 24,000,000 VND – 28,000,000 VND
60 – 100%	5,000,000 VND – 7,000,000 VND License suspension from 1 to 3 months	Individual: 14,000,000 VND – 16,000,000 VND Organization: 28,000,000 VND – 32,000,000 VND
Overload above 100%	From 7,000,000 VND and above License suspension from 3 to 5 months	Individual: 16,000,000 VND – 18,000,000 VND Organization: 32,000,000 VND – 36,000,000 VND

In cases where the vehicle owner is directly operating the vehicle, the driving license (for motor vehicles), or the certificate of legal knowledge on road traffic (for special-use vehicles) will be revoked for 03 to 05 months.

Additionally, if the vehicle has a cargo box, and the permissible transport weight does not comply with current regulations, the Certificate of Technical Safety and Environmental Protection and Inspection Seal of the vehicle will be revoked for 01 to 03 months. The vehicle must be adjusted according to current standards, re-inspected, and the permitted transport weight in the Certificate of Technical Safety and Environmental Protection must be corrected before the vehicle can participate in traffic again.

Nguyen Minh Khoi

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