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NATIONAL
ASSEMBLY OF VIETNAM
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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Law
No. 36/2024/QH15
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Hanoi,
June 27 of 2024
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LAW
ON ROAD TRAFFIC ORDER AND SAFETY
Pursuant to Constitution of the
Socialist Republic of Vietnam;
The National Assembly
promulgates the Law on Road Traffic Order and Safety.
Chapter I
GENERAL PROVISIONS
Article 1.
Scope
This Law prescribes principles,
road vehicles, road users, command, control, patrol, control, settlement of road
traffic accidents, responsibility for state management, and responsibilities of
agencies, organizations, and individuals relating to road traffic order and
safety.
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1. Road traffic order and safety
means orderly, safe, and coherent road traffic condition; established and
adjusted by principles, rules, regulations of the law in road traffic.
2. Road
vehicle means vehicle of all types, including: motorized road vehicle
(hereinafter referred to as “motorized vehicle”), road non-motorized vehicle
(hereinafter referred to as “non-motorized vehicle”), heavy-duty vehicle, and
similar type.
3. Vehicle
on public road refer to a vehicle participating in road traffic.
4. Priority
road means a road on which vehicles are given right-of-way by vehicles from
other direction at intersection and on which priority sign is erected.
5. Carriageway means a
section of the road intended for road vehicles.
6. Lane means a section of a
carriageway divided longitudinally of the road and wide enough for safe
operation of vehicles.
7. Vehicle modification means
changes to characteristics of a vehicle with vehicle registration, license
plate or an imported, used vehicle in a way that changes vehicle type according
to regulations of competent authority.
8. Road user consists of:
vehicle operator, passenger, traffic control personnel, herder, pedestrian.
9. Vehicle operator includes:
motorized vehicle operator (hereinafter referred to as “driver”), non-motorized
vehicle operator, heavy-duty vehicle operator.
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11. Road traffic congestion (hereinafter
referred to as “congestion”) means a condition in which road users and vehicles
are queued up, move at a very slow pace or none at all.
12. Road traffic accident means
a collision involving road users and vehicles participating in road traffic,
occurring beyond intention of road users, damaging lives, health, property of
individuals or agencies, organizations.
13. Child
safety seat means a piece of equipment capable of ensuring safety for
children at sitting or lying position on automobile, designed to reduce risk of
injury for users in case of collision or sudden deceleration by limiting
movement.
14. Smart
traffic command and control equipment means technology equipment capable of
detecting, analyzing, evaluating road traffic situations, violations of road
laws and used by the authority to command, control road traffic, settle
situations and handle violations of the law on roads.
Article 3.
Rules for maintaining road traffic order and safety
1. Comply with the Constitution,
regulations and law of Vietnam, and international treaties to which the
Socialist Republic of Vietnam is a signatory.
2. Ensure orderly, safe, coherent
road traffic, contribute towards socio-economic development, maintain national
defense and security and environmental protection; prevent violation of the law
pertaining to road traffic order and safety, road traffic accidents, congestion;
protect health, lives, property of individuals and agencies, organizations.
3. Maintaining road traffic order
and safety are responsibilities of agencies, organizations, individuals.
4. Road users must comply with
regulations pertaining to road traffic order and safety and other relevant law
provisions and are responsible for maintaining safety of themselves and others.
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6. All activities for maintaining
road traffic order and safety must be public, transparent, and convenient for
the general public.
7. All activities for maintaining
road traffic order and safety must be implemented on the basis of unified
assignment, decentralization, compliance with functions and tasks, and close
cooperation between relevant agencies, organizations, and individuals.
Article 4.
Policies of the Government pertaining to road traffic order and safety
1. Ensure state budget, facilities,
modern equipment and instruments, prerequisites for fulfilling and improving
duty performance capability of forces in charge of maintaining road traffic
order and safety. Mobilize and utilize resources for maintaining road traffic order
and safety. Allocate administrative fines pertaining to road traffic order and
safety and license plate auction price which have been submitted to the state
budget to strengthen, modernize facilities, instruments, equipment and maintain
road traffic order and safety as per Government's regulations.
2. Modernize traffic command
centers; ensure connection and sharing of database on road traffic order and
safety between relevant state authorities.
3. Enable domestic and foreign
agencies, organizations, individuals to research, apply, and transfer science,
technology in road traffic order and safety assurance, invest, construct,
transfer supervision system, instruments, and equipment serving road traffic
order and safety assurance; encourage agencies, organizations, and individuals
to volunteer in maintaining road traffic order and safety in a law-compliant
manner, provide information and documents facilitating road traffic order and
safety assurance and penalties for violations of the law pertaining to road
traffic order and safety.
4. Ensure equality and safety among
road users; enable children, pregnant women, the elderly, and people with
disabilities to participate in road traffic with ease; develop traffic
etiquette; educate, popularize, and communicate road traffic law to children
and students to form, improve self-preservation and compliance with the law in
road traffic participation.
5. In the process of cooperating,
collaborating, assisting, supporting state authority in performing duties
pertaining to road traffic order and safety assurance, agencies, organizations,
and individuals will be awarded for merits, compensated for property damage;
individuals will be amended for damage to dignity, honor; individuals will
benefit from policies for damage to health, lives of themselves or their
families.
6. Develop road vehicles at the
same pace as developing road infrastructures, socio-economic conditions, and
the general public’s travel demand; import, manufacture, assemble road traffics
satisfactory to technical safety and environmental protection quality,
appropriate to worldwide technology development trend; prioritize public
transportation, restrict personal transportation in traffic in major cities;
prioritize transition from vehicles using fossil fuel to vehicles using
electricity, green energy, environmentally friendly energy, clean energy supply
infrastructures.
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1. Regulations
of the law pertaining to road traffic order and safety must be popularized and
communicated on a regular, large-scale basis appropriate to demographic of the
general public and foreigners in territory of the Socialist Republic of
Vietnam.
2. Road
traffic order and safety authority shall take charge, cooperate with relevant
agencies, organizations, and individuals in popularizing and communicating
regulations of the law pertaining to road traffic order and safety.
3. Information
and communication agencies are responsible for organizing the popularizing and
communicating of regulations of the law pertaining to road traffic order and
safety mass media.
4. Vietnamese
Fatherland Front and its member organization are responsible for cooperating
with relevant agencies and local governments in communicating, encouraging the
general public to comply with regulations of the law pertaining to road traffic
order and safety.
5. Ministries,
ministerial agencies, People’s Committees of all levels, within their tasks and
powers, are responsible for organizing the popularizing and communicating of
regulations of the law pertaining to road traffic order and safety via methods
appropriate to recipients.
6. People’s
armed forces, agencies, organizations, and education institutions are responsible
for organizing the popularizing and communicating of regulations of the law
pertaining to road traffic order and safety to entities under their management.
7. Family
members are responsible for popularizing, reminding other members to comply with
regulations of the law pertaining to road traffic order and safety, use seat
belts, child safety seat or have adults sitting behind children under 6 years
of age when travelling on mopeds, motorbikes.
Article 6.
Educating regulations of the law pertaining to road traffic order and safety
1. Educate children in preschools,
students of formal education institutions, vocational education and training
facilities on regulations of the law pertaining to road traffic order and
safety.
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3. Ministry of Education and
Training and Ministry of Labor - War Invalids and Social Affairs shall, within
their tasks and powers, take charge and cooperate with Ministry of Public
Security, relevant ministerial agencies in developing, integrating, and
incorporating regulations of the law pertaining to road traffic order and
safety to education program in preschools, formal education institutions,
vocational education and training facilities in a manner appropriate to
education levels and majors.
Article 7.
Database on road traffic order and safety
1. Database on road traffic order
and safety consists of:
a) Database on registration and
management of motorized vehicles and heavy-duty vehicles;
b) Database on registration of
motorized vehicles and heavy-duty vehicles;
c) Database on driver training,
driving tests, and issuance of driving licenses, certificate of road traffic
law training;
d) Database on operators of
motorized vehicles and heavy-duty vehicles;
dd) Database on insurance of owners
of motorized vehicles and heavy-duty vehicles;
e) Database on administrative
violations pertaining to road traffic order and safety;
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h) Database on road vehicle trip,
driver images according to this Law;
i) Database on vehicle usage of
drivers according to this Law;
k) Other databases related to road
traffic order and safety assurance.
2. Database on road traffic order
and safety is a common database and is connected, shared with national database
on population, database on road, and other relevant databases.
3. The Government shall elaborate
Clause 1 and Clause 2 of this Article; regulate collection, management, and use
of information on database on road traffic order and safety.
Article 8.
International cooperation in road traffic order and safety
1. Implement international
cooperation in road traffic order and safety on the basis of complying with
Vietnamese laws and relevant international treaties to which Vietnam is a
signatory; respect basic principles of international laws; ensure independence,
sovereignty, and territorial integrity of Vietnam; protect benefits of the
Government, legitimate rights and benefits of organizations and individuals.
2. Details of international
cooperation in road traffic order and safety consist of:
a) Signing international treaties
and agreements related to road traffic order and safety;
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c) Providing training, refresher
training, and advanced training for forces in charge of maintaining road
traffic order and safety;
d) Improving infrastructure
conditions to maintain road traffic order and safety;
dd) Resolving road traffic
accidents;
e) Implementing other contents of
international cooperation in accordance with Vietnam’s regulations and
international treaties to which the Socialist Republic of Vietnam is a
signatory.
3. Ministry of Public Security
shall take charge, cooperate with relevant ministries, central departments in
assisting the Government in negotiating, signing international treaties,
international agreements, or requesting competent authority to sign
international treaties, international agreements pertaining to road traffic
order and safety; take charge and cooperate with relevant ministries and
central departments in implementing international cooperation pertaining to
road traffic order and safety.
Article 9.
Prohibited actions
1. Operating motorized vehicles in
road traffic without driver’s license as per the law; operating heavy-duty
vehicles in road traffic without driver’s license or certificate of road
traffic law training, degree or certificate of heavy-duty vehicle operation.
2. Operating vehicles in road
traffic where alcohol is detected in blood or breath.
3. Operating vehicles in road
traffic under the influence of narcotic substances or other stimulants
prohibited by the law.
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5. Illegally racing, organizing
illegal racing, inciting, assisting, supporting illegal racing; weaving,
swerving, revving repeatedly on vehicles in road traffic.
6. Holding and using mobile phone
or other electronic devices while operating vehicles in road traffic.
7. Allowing individuals ineligible
to operate motorized vehicles, heavy-duty vehicles to operate these vehicles in
road traffic.
8. Operating motorized vehicles and
heavy-duty vehicles that do not meet technical safety and environmental
protection requirements, other ineligible vehicles in road traffic.
9. Importing, manufacturing,
assembling motorized vehicles and heavy-duty vehicles that do not meet
technical safety and environmental protection laws.
10. Modifying automobiles of other
types to passenger automobiles, except for passenger automobiles serving
national defense and security.
11. Illegally modifying;
intentionally fabricating reading of odometer of automobiles; illegally
cutting, welding, removing, modifying, reattaching chassis number, engine
number of motorized vehicles, heavy-duty vehicles.
12. Intentionally interfering,
altering vehicle control software, vehicle engine registered to the authority
in order to falsify examination, test, inspection results; hiring, borrowing
motorized vehicle parts for inspection purposes.
13. Carrying goods in a manner that
exceeds permissible gross weight, axle load, dimensions of the vehicles or
roads without obtaining permission of competent authority or without fulfilling
requirements under this Law; carrying goods that are required to be fastened
without adequately fastening such good as per the law; carrying more passengers
than the maximum number of passenger allowed by the law.
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15. Threatening, offending,
tugging, pulling passengers; threatening, forcing passengers to use services
against their will; transferring load, dropping passengers off, or performing
other actions to avoid being caught carrying excessive loads or passengers as
per the law.
16. Installing, using audio,
lighting devices on motorized vehicles, heavy-duty vehicles in a manner that
causes loss of road traffic order and safety.
17. Illegally manufacturing, using,
purchasing, selling license plates; operating motorized vehicles, heavy-duty
vehicles bearing license plates that are not issued by competent authority or
not affixed to the right position; deforming, concealing license plates;
altering letters, numbers, color, shape, dimension of license plates.
18. Interrupting or falsifying data
of tracking devices, onboard cameras according to this Law.
19. Destroying, damaging, negating
road traffic control and supervisory equipment, smart traffic command and
control equipment.
20. Placing, leaving obstacles or
other objects on roads; spreading sharp, pointy objects, dumping slippery
substances on roads; spilling earthen materials, goods, construction materials,
wastes on roads; dumping, discharging wastes, spilling chemicals, wastes
thereby causing loss of road traffic safety.
21. Obstructing other road users,
vehicles in road traffic; throwing bricks, stone, rocks, earth, or other
objects at other road users, vehicles in road traffic.
22. Exploiting road traffic order
and safety assurance duty to violate the law, involve in corruption, violate
benefits of the Government, legitimate rights and benefits of organizations and
individuals.
23. Exploiting personal or other
people’s title, power, profession to violate road traffic order and safety laws
or to interfere, influence penalties for violations of road traffic order and
safety.
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25. Failure to declare in an honest
manner or fail to provide truthful information and documents in order to evade
responsibilities in regard to violation of the laws pertaining to road traffic
order and safety.
26. Escaping after causing road
traffic accidents to evade responsibilities; failing to offer help to victims
of road traffic accidents; violating health, lives, property of accident
victims, perpetrators, or helpers, rescuers, responders; abusing road traffic
accidents to assault, threaten, incite, pressure, cause disorder, or hinder
resolution of road traffic accidents.
27. Operating flying objects,
unmanned aircrafts, ultralight aircrafts within dimensional limits of roads in
a manner that obstruct or potentially violate safety of road users and
vehicles, except for unmanned aircrafts and ultralight aircrafts licensed for
operation.
28. Performing other actions that
violate road traffic rules under Chapter II hereof.
Chapter II
ROAD TRAFFIC RULES
Article 10.
General rules
1. Road users must stay on the
right-hand side in their direction of travel, move in the correct designated
lane, road section, comply with road signs, and other road traffic rules.
2. Drivers and passengers on automobiles
must wear seat belts while participating in road traffic.
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Article 11.
Compliance with road traffic signal
1. Road traffic signals consist of:
command of traffic control personnel; traffic lights; road signs; road
markings, and other signs on the road; markers, walls, fences, reflective road
studs, reflective posts, driver location signs; audible warning devices for
road traffic.
2. Road users must comply with road
traffic signals must comply with road traffic signals the following order of
priority:
a) Command of traffic control
personnel;
b) Traffic lights;
c) Road signs;
d) Road markings and other signal
on road surface;
dd) Posts, walls, fences,
reflective road studs, reflective posts, driver location signs;
e) Audible warning devices for road
traffic.
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a) Raising right hand indicates
that road users in all directions must stop;
b) Stretching either or both arms
sideways indicates that road users in front of and behind the traffic control
personnel must stop whereas road users to the right and left of the traffic
control personnel can go;
c) Raising the right hand forward
indicates that road users behind and to the right of the traffic control
personnel must stop whereas road users in front of the traffic control
personnel may turn right, road users to the left of the traffic control
personnel may go in all permissible directions and pedestrians must move behind
the traffic control personnel.
4. Traffic light consists of 3
colors: green, yellow, red and may or may not be accompanied by timer. Road
users must comply with traffic lights in the following manner:
a) Green light allows road users to
move; where pedestrians or wheelchair-bound people with disabilities are moving
in roadway, other vehicles must decelerate or yield to the pedestrians and
wheelchair-bound people with disabilities;
b) Yellow light mandates road users
to stop before stop line; where a road user is on or has passed the stop line
as traffic light turns yellow, he/she is allowed to proceed; where yellow light
is flashing, vehicle operators are allowed to move as long as they observe,
decelerate, or yield to pedestrians, wheelchair-bound people with disabilities,
or other vehicles;
c) Red light mandates road users to
stop.
5. Signal of road signs is
regulated as follows:
a) Prohibitory sign indicates
prohibitions;
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c) Order sign issues order that
must be complied with;
d) Direction sign indicates
direction of travel or necessary pieces of information;
dd) Auxiliary sign complements
prohibitory signs, warning signs, order signs, and direction signs.
6. Road markings
mean markings separating lanes, position, direction of travel, or stop
positions.
7. Posts and walls
inform road users about safe perimeter of road base and direction of travel.
8. Fences prevent
people and vehicles from crossing.
9. Reflective road
studs and reflective posts inform and warn road users about road sections,
lanes.
10. Driver
location signs inform road users about road information.
11. Audible
warning devices for road traffic warn road users about potential danger.
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13. The Minister of Transport shall
promulgate national technical regulations on road signals, except for command
of traffic control personnel.
14. The Minister of Public Security
shall elaborate Clause 3 of this Article.
Article 12.
Compliance with speed regulations and safety distance
1. Drivers, operators of heavy-duty
vehicles must comply with regulations pertaining to speed limit, minimum safety
distance from vehicle travelling ahead on the same lane or road section.
2. Vehicle operators must maintain
within speed limit of bridges, roads, traffic density, terrain, weather, and
other factors for safety purpose.
3. Vehicle operators must observe,
decelerate or stop:
a) Where road markings other
available signals indicate use by pedestrians or where pedestrians,
wheelchair-bound people with disabilities are crossing the road;
b) Where danger warning signals are
issued or obstacles are present on the road;
c) Where they change traveling
direction or have limited visibility;
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dd) Where bridge, culvert, dam,
underground road, underpass, tunnel are located;
e) Where school, hospital, bus
station, assembly public structure, crowded residential area, local market,
road construction, road traffic accident are located;
g) Where domestic animals are
moving or herded on roadside;
h) Where they must avoid oncoming
traffic or yield to vehicles behind; where they receive emergency signals of
vehicles travelling ahead;
i) Where they approach parking,
stopping locations where passengers mount, dismount vehicles;
k) Where they encounter vehicles
carrying oversized, overweight load, dangerous goods or group of pedestrians;
l) Where they encounter priority
vehicles;
m) Where they operate in rain,
wind, fog, smoke, dust weather conditions, slippery, flooded, debris-filled
road surface;
n) Where they operate in area
subject to traffic control.
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Article 13.
Lane usage
1. Vehicles moving at a slower
speed must stay on the right on their direction of travel.
2. Where there are multiple lanes
accommodating travel in the same direction separated by lane markings, vehicle
operators must stay within a lane and only change lane where lane change is
allowed; vehicle operators are only allowed to change one lane at a time and
must use indicators when doing so; vehicle operators must observe and maintain
safety distance from vehicles in front, behind, and to their left and right
before changing lanes.
3. Where lanes traveling in the
same direction are separated by lane markers, non-motorized vehicles must stay
on the rightmost lane whereas motorized vehicles and heavy-duty vehicles must
stay on the left-hand side lane.
4. Where a lane is reserved
specifically for a type or types of vehicles, operators of other vehicle types
are not allowed to enter such lane.
Article 14.
Overtaking and yielding
1. Overtaking means a traffic
situation where each direction of travel only consists of one lane reserved for
motorized vehicles and where vehicles from behind move forward to the left to
overtake other vehicles in front of them.
Where a direction of travel
consists of at least two lanes reserved for motorized vehicles and separated by
lane markers, overtaking will conform to lane use principles under Article 13
hereof.
2. Overtaking vehicles must
overtake on the left; where overtaken vehicles are indicating left or
overtaking on the left is not feasible due to operation of heavy-duty vehicles,
overtaking vehicles may overtake on the right.
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4. Where a vehicle signals
overtaking, overtaken vehicle operators must observe and decelerate where
sufficient safety conditions are met, indicating right to inform overtaking
vehicle operators, stay on the right of carriageway until the overtaking
completes and must not obstruct overtaking vehicles.
Where there are obstacles on the
road or safety conditions are not sufficient, overtaken vehicle operators shall
indicate left to inform overtaking vehicle operators.
5. Overtaking vehicles must
indicate or honk except for non-motorized vehicles not equipped with lights and
horn; during overtaking, overtaking vehicle operators must signal direction of
overtaking and maintain safety distance from other vehicles and, where
overtaking vehicle operators overtake in residential areas from 10 p.m. to 5
a.m., only signal overtaking with indicators.
6. Overtaking is not allowed:
a) Where requirements under Clause
3 of this Article are not met;
b) Where there is a single lane on
narrow bridge;
c) Where road is curved with
limited visibility;
d) Where there are two-way road at
the peak of summit-type curve with limited visibility;
dd) Where roads intersect, where
roads intersect railway at-grade;
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g) Where priority vehicles are
present;
h) Where pedestrian crossing is
located;
i) Where pedestrians,
wheelchair-bound people with disabilities are crossing the street;
k) Where vehicles travel in
tunnels.
Article 15.
Turning
1. Turning is a traffic situation
where vehicle operators make a left, right, or U-turn.
2. Prior to turning, vehicle
operators must observe, maintain safety distance, decelerate, indicate
accordingly or use hand signals in case of non-motorized vehicles not equipped
with indicators and slowly turn towards the nearest lane in the turning
direction. Indicators or hand signals must remain throughout the turning
process. Vehicle operators shall only turn if they ensure that other people and
vehicles are safe and not hindered.
3. While turning, drivers,
operators of heavy-duty vehicles must yield to pedestrians, non-motorized
vehicles, oncoming traffic and only turn when they ensure that they do not
hinder or endanger other people or vehicles.
4. Vehicle operators must not turn
at road section reserved specifically for pedestrian crossing, on bridges,
bridge approaches, underbelly of overpasses, underpasses, at-grade railway
intersections, narrow roads, sloped roads, curved roads with limited
visibility, expressways, tunnels, or one-way roads unless otherwise specified
by command of traffic control personnel or temporary signs.
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1. When reversing, vehicle
operators must observe both sides and the rear of the vehicles, indicate
reversing and only reverse when safety requirements are met.
2. Vehicle operators are not
allowed to reverse on one-way roads, no-stopping areas, pedestrian crossing,
intersection, at-grade intersection with railway, where visibility is
obstructed, tunnels, expressways.
Article 17.
Avoiding oncoming traffic
1. Where directions of travel on a
road are not physically separated, in order for 2 vehicles moving in opposite
direction to avoid each other, both vehicle operators must decelerate and stay
to the right respective to their direction of travel.
2. Cases where yielding is required
when avoiding oncoming traffic:
a) Where a road is only wide enough
for one vehicle at a time and incorporates lay-by, whichever vehicle is closer
to the lay-by must enter the lay-by and yield to the oncoming vehicle;
b) A vehicle going downhill must
yield to the vehicle going uphill;
c) A vehicle whose path forward is
obstructed must yield to vehicle whose path forward is unobstructed.
Article 18.
Stopping, parking
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2. Parking means a motionless state
of a vehicle in an indefinite period of time. When parking, vehicle operators
may only exit the vehicles after engaging parking brake or adopting other
safety measures. Where a vehicle is parked on sloped road, the front wheels
must turn towards the curb and must be wedged.
3. Vehicle operators, upon stopping
or parking on road, must:
a) Via signals, inform other
vehicle operators upon entering, exiting stopping and parking position;
b) Park or stop their vehicles in a
way that does not affect pedestrians and other vehicles.
4. Vehicle operators are not allowed
to stop, park:
a) On the left of one-way road;
b) Curved road section or close to
slope entry with obstructed visibility;
c) On bridges except where traffic
arrangement permits;
d) Underbelly of overpass except
where stopping, parking is allowed;
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e) Less than 20 m away from another
parking vehicle in respect of narrow road; less than 40 m away from another
parking vehicle on roads with one lane reserved for motorized vehicles per
direction of travel;
g) On road section reserved for
pedestrian crossing;
h) At intersection and within a 5
meter radius from the edge of intersection;
i) Passenger pickup and drop-off
points;
k) At and within a 5 meter radius
of entrance to headquarters of agencies, organizations that accommodate vehicle
entry and exit;
l) Where road width can only
accommodate one lane of motorized vehicles;
m) Within safety perimeter of
railway;
n) Where the vehicles will obscure
road signs or traffic lights;
o) Roads reserved specifically for
buses, on top of sewer grates, openings of telephone lines, high-voltage lines,
drafting locations of fire trucks; on roadway or pavement in a manner that
contradicts the law.
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6. On city road, vehicle operators
may only stop, park along the shoulder or pavement to the right of their
direction of travel; the innermost wheels must not be more than 0,25 m away
from the shoulder or pavement and must not obstruct or endanger other people
and vehicles.
7. Where a vehicle must park on a
section of carriageway or where parking is not allowed due to technical
difficulties or other force majeure, vehicle operators must turn on emergency
lights or place warning signs to inform other vehicle operators.
Article 19.
Opening vehicle door
1. Vehicle doors may only be opened
once the vehicle has come to a stop or is parked.
2. Individuals opening vehicle door
must first observe the front, the rear, and the side on which the door is located
and only then open the door to exit the vehicle if they deem safety is ensured;
doors must not be left open if safety is not ensured.
Article 20.
Light usage
1. Drivers and operators of
heavy-duty vehicles, while participating in road traffic, must turn on
headlight from 6 p.m. to 6 a.m. or when poor weather conditions limiting
visibility.
2. Drivers and operators of
heavy-duty vehicles must turn off driving beam and use passing beam:
a) Where they encounter pedestrians
crossing the road;
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c) Where they encounter oncoming
traffic unless median strips are equipped with anti-glare capability;
d) Where they turn at intersection.
3. Drivers and operators of
heavy-duty vehicles, when performing tasks on road, must turn on yellow warning
lights.
Article 21.
Honking
1. Vehicle operators may only honk:
a) to inform other road users about
potential dangerous situations;
b) to notify overtaking.
2. Vehicle operators must not honk
repeatedly, use horn of inappropriate volume, use horn from 10 p.m. to 5 a.m.
in residential areas, in vicinity of medical examination and treatment
establishments other than priority vehicles.
Article 22.
Yielding at intersection
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1. Where a
non-priority road intersects a priority road or a branching road intersects a
main road, a vehicle moving from the non-priority road or branching road must
yield to a vehicle moving on the priority road or main road regardless of
direction of travel;
2. Where an
intersection is not equipped with roundabout signage, vehicles must yield to
vehicles entering from the right.
3. Where an
intersection is equipped with roundabout signage, vehicles must yield to
vehicles entering from the left.
Article 23.
Using ferry and pontoon
1. Upon
approaching ferry stations and pontoons, vehicles must queue as per the law in
a manner that does not disrupt traffic.
2. Vehicles
shall use ferries and pontoons in the following order of priority:
a) Priority vehicle;
b) Mail delivery vehicle;
c) Raw food delivery vehicle;
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Where vehicles of the same priority
arrive at ferry stations or pontoons, the vehicles will comply with a
first-come-first-serve basis.
3. Upon
using ferries:
a) Where vehicles are boarding
ferries, riding ferries, and entering ferry stations, individuals other than
drivers, operators of heavy-duty vehicles, children, pregnant women, the
elderly, people with disabilities, and sick people must get off the vehicles;
b) When boarding ferries, motorized
vehicles and heavy-duty vehicles shall board first and be followed by
non-motorized vehicles and pedestrians; when disembarking, pedestrians shall
disembark first and be followed by vehicles under instructions of traffic
control personnel.
4. Upon
crossing pontoons:
a) Motorized vehicles and
heavy-duty vehicles must travel in a single queue in the direction of travel
and must not disrupt people and vehicles moving in the opposite direction;
b) Non-motorized vehicles and
pedestrians must stay to the right of their direction of travel and must not
disrupt movement of motorized vehicles and heavy-duty vehicles;
c) Motorized vehicles, heavy-duty
vehicles, non-motorized vehicles, and pedestrians must comply with instructions
of traffic control personnel.
Article 24.
Traffic at railway crossings and road-rail bridges
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2. Where a crossing is not guarded
or not equipped with boom barrier, siren, or signal lights, road users must
stop to the right of their direction of travel and before stop line, observe
both directions, and only cross if no railway vehicles are approaching.
3. Where road vehicles break down
or get involved in accidents or spill their goods at railway crossings or
road-rail bridges and are unable to immediately evacuate from railway safety
perimeter, vehicle operators and individuals at the scene must immediate signal
train stop and adopt safety measures.
Article 25.
Traffic on expressway
1. Drivers
and operators of heavy-duty vehicles, while driving on express ways, must
adhere to the following road traffic principles:
a) Before merging onto expressways,
drivers and operators of heavy-duty vehicles must indicate and yield to vehicles
on the expressways, observe and maintain safety distance before merging onto
the rightmost lane; where acceleration lane is available, drivers and operators
of heavy-duty vehicles must enter the acceleration lane before merging onto
expressways;
b) Before exiting expressways,
drivers and operators of heavy-duty vehicles must observe instruction signs,
slowly move onto the rightmost lane or deceleration lane (if any) before
exiting the expressways;
c) Drivers and operators of
heavy-duty vehicles are not allowed to drive on emergency lanes and shoulders;
d) Drivers and operators of
heavy-duty vehicles must adhere to other traffic principles detailed under this
Chapter.
2. Vehicle
operators may only stop and park at designated locations; where vehicle operators
encounter technical difficulties or other force majeure in which they must stop
or park, they may stop or park on emergency lanes on their direction of travel
and signal hazard lights; where vehicle operators are unable to move onto
emergency lanes, they must signal hazard lights, place warning signs or lights
at least 150 m away to the rear of the vehicles, and immediately inform police
authority in charge or expressway authority.
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Article 26.
Traffic in tunnels
Vehicle operators, while driving in
tunnels, must adhere to the following road traffic principles:
1. Motorized
vehicles and heavy-duty vehicles must use passing beams; non-motorized vehicles
must use lights or other light-emitting devices;
2. Vehicle operators must not stop
or park in tunnels; where drivers and operators of heavy-duty vehicles
encounter technical difficulties or other force majeure in which they must stop
or park, they must move the vehicles into emergency parking, stopping positions
or, in case they are unable to move the vehicles, turn on hazard lights and
place warning signs or warning lights at a safety distance to the rear of the
vehicles and immediately inform police authority in charge or tunnel authority;
3. Vehicle operators must adhere to
other traffic principles detailed under this Chapter.
Article 27.
Priority vehicle
1. Priority vehicles consist of
fire trucks of fire fighting and rescue police department and fire trucks of
other forces mobilized to perform firefighting tasks; vehicles of military,
police, and military police forces in the performance of emergency duty;
convoys led by traffic police vehicles; ambulances in the performance of rescue
duty; embankment personnel transport in the performance of duty; vehicles in
the performance of rescue, natural disaster remediation, epidemic remediation
duty or vehicles in the performance of emergency duty as per the law; funeral
procession.
2. Priority vehicles have the right
of way over other vehicles at intersections regardless of approaching direction
in the following order:
a) Fire trucks of fire fighting and
rescue police department and fire trucks of other forces mobilized to perform
firefighting tasks;
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c) Ambulances in the performance of
rescue duty;
d) Embankment personnel transport
in the performance of duty; vehicles in the performance of rescue, natural
disaster remediation, epidemic remediation duty or vehicles in the performance
of emergency duty as per the law;
dd) Funeral procession.
3. Priority vehicles under Points
a, b, c, and d Clause 2 of this Article must emit priority signals as per the
law. Color of priority light signals:
a) Fire trucks of fire fighting and
rescue police department and fire trucks of other forces mobilized to perform
firefighting tasks, vehicles of military forces in the performance of emergency
duty, ambulances in the performance of rescue duty must be equipped with red
flashing lights;
b) Vehicles of police and military
forces in the performance of emergency duty and vehicles of guiding traffic
police must be equipped with blue and red flashing lights;
d) Embankment personnel transport
in the performance of duty; vehicles in the performance of rescue, natural
disaster remediation, epidemic remediation duty or vehicles in the performance
of emergency duty as per the law must be equipped with blue flashing lights.
4. Priority vehicles under Points
a, b, c, and d Clause 2 of this Article can operate regardless of speed limit,
traffic light signal, direction of traffic, and on any permissible road; can
operate against traffic only on emergency lanes of expressways; must comply
with order of traffic control personnel and temporary signs.
5. Where priority vehicles signal
emergency operation, other road users must decelerate, stay to the right of
their direction of travel or stop to yield, tollbooths must prioritize and not
obstruct priority vehicles in all circumstances.
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7. The Minister of Public Security
shall prescribe domestic and foreign delegations arriving at Vietnam to be
escorted by traffic police forces; escort procedures of traffic police in
respect of domestic and foreign delegations in Vietnam.
Article 28.
Using goods transport automobiles for passenger transport
1. Goods transport automobiles are
only allowed to transport passengers in their cargo spaces where:
a) the goods transport automobiles
serve rescue, natural disaster or epidemic remediation or emergency duty;
emergency medical care of transported individuals, to evacuate people from
dangerous areas or in the event of other emergencies as per the law;
b) the goods transport automobiles
transport people’s armed forces in the performance of emergency duty;
c) the goods transport automobiles
are training vehicles transporting driving trainees; vehicles for examination
and carrying examinees; transport workers in the performance of road
maintenance duty;
d) the goods transport automobiles
transport people in parade if competent authority has permitted the parade.
2. Goods transport automobiles
transporting people under cases detailed in Clause 1 of this Article must
maintain road traffic safety.
Article 29.
Tow vehicles, vehicles hauling trailers, and tractor units hauling
semi-trailers
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a) Towed vehicles must be manually
operated and have functioning steering system;
b) Connection between towing
vehicles and towed vehicles must be firm and safe; where brake system of towed
vehicles are no longer functioning, towed vehicles must be connected to towing
vehicles via draw bars;
c) The front of towing vehicles and
the rear of towed vehicles must be outfitted with warning signs and yellow
flashing warning lights.
2. Vehicles
hauling trailers, and tractor units hauling semi-trailers must only haul
trailers and semi-trailers appropriate to their design; connection between
hauling vehicles and trailers, semi-trailers must be secured and safe.
3. Towed
vehicles must not be occupied by people other than the drivers; vehicles
hauling trailers, and tractor units hauling semi-trailers must not haul other
trailers, semi-trailers, or other vehicles.
Article 30.
Pedestrians; children, pregnant women, the elderly, people with disabilities,
incapacitated people participating in traffic
1. Pedestrians
must:
a) go on pavements, shoulders, foot
paths; where pavement, shoulder, or foot paths are not available, pedestrians
must stay to the right in their direction of travel;
b) only cross where traffic lights,
zebra crossing, pedestrian overpass, pedestrian underpass are located and
comply with road instructions and signs. Where traffic lights, zebra crossing,
pedestrian overpass, pedestrian underpass are not available, pedestrians must
observe oncoming traffic and only cross when it is safe; when crossing,
pedestrians must signal with their hands;
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2. In
respect of children, pregnant women, the elderly, people with disabilities, and
incapacitated people:
a) Children under 7 years of age
must be accompanied by adults when crossing the street;
b) People with disabilities using
motorized or non-motorized wheelchairs must go on pavements, shoulders, zebra
crossing, and road sections reserved for non-motorized vehicles;
c) People with vision impairment
must be accompanied by human guides or be outfitted with devices that inform
other people about their vision impairment when participating in road traffic;
d) Incapacitated people must be
accompanied by human guides when participating in road traffic;
dd) The general public are
responsible for helping children under 7 years of age, pregnant women, the
elderly, people with disabilities, and incapacitated people cross the road;
Article 31.
Operators, passengers, and goods loaded non-motorized vehicles
1. Bicycle,
motorized bicycle operators may only carry one additional passenger or two
additional passengers one of which is a child under 7 years of age.
2. Bicycle,
motorized bicycle operators must not conduct actions under Clause 3 Article 33
hereof; bicycle, motorized bicycle passengers must not conduct actions under
Clause 4 Article 33 hereof.
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4. Non-motorized
vehicle operators may only move in single line and stay within road section
reserved specifically for non-motorized vehicles (if any); non-motorized
vehicles must be outfitted with lights or warning devices at the front and the
rear in order to be allowed to operate from 6 p.m. to 6 a.m.
5. Goods
loaded on non-motorized vehicles must be safe, not disrupting traffic, and not
obstructing visibility of operators. Goods loaded on non-motorized vehicles
must not exceed 1/3 the vehicle length, must not extend more than 1 forward or
backward, and must not extend more than 0,4 m past each side wheel.
Article 32.
Controllers, herders of domestic animals, operators of road vehicles towed by
domestic animals
1. Controllers, herders of domestic
animals, operators of road vehicles towed by domestic animals must keep
domestic animals to the right of their direction of travel; must observe
carefully and only cross the road when it is safe; must not disrupt other
people and vehicles.
2. Do not control, herd domestic
animals, or operate vehicles towed by domestic animals into road sections
reserved for non-motorized vehicles.
3. Do not release domestic animals
on roads.
Article 33.
Operators, passengers, and goods loaded on motorbikes, mopeds
1. Operators
of motorbikes and mopeds may only carry one additional passenger or two additional
passengers:
a) to carry sick people for
emergency medical care;
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c) to carry children under 12 years
of age;
d) to carry the elderly or people
with disability.
2. Operators
and passengers of motorbikes, motorized tricycles, and mopeds must wear helmets
compliant with national technical regulations and fasten accordingly.
3. Operators
of motorbikes, motorized tricycles, and mopeds must not:
a) drive abreast;
b) drive in road sections reserved
for pedestrians and other vehicles;
c) use umbrella or audio devices
other than hearing aids;
d) remove both hands from the
handlebar; drive on one wheel in case of motorbikes, two-wheeled motorized
vehicles; drive on two wheels in case of motorized tricycles;
dd) propel, push other vehicles,
objects, herd animals, carry, transport, load bulky objects using the vehicles;
carry people standing on the seat, cargo space, or sitting on the handlebar;
load goods exceeding the permissible limit;
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g) conduct other actions that
violate road traffic order and safety.
4. Passengers
of motorbikes, motorized tricycles, and mopeds, in road traffic, must not:
a) carry bulky objects;
b) use umbrella;
c) hang on to, pull, or propel
other vehicles;
d) stand on the seat, cargo space,
or sit on handlebar;
dd) conduct other actions that
violate road traffic order and safety.
5. Motorbikes and motorized
vehicles must not load goods in a manner that extends more than 0,3 m towards
either side of cargo space, more than 0,5 m towards the back of cargo space
according to manufacturers’ design; stacking height must not exceed 2 m from
road surface.
Chapter III
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Article 34.
Vehicle classification
1. Motorized
vehicles consist of:
a) Automobiles include: vehicles of
at least 4 wheels, powered by engine, designed and manufactured for road
operation, not intended for railway operation, for transportation of people,
goods, for towing trailers, semi-trailers, or elements of particular functions
or use, potentially connected to power lines; tricycles of a kerb mass
exceeding 400 kg; automobiles do not include four-wheeled motorized vehicles
for passenger or goods transportation;
b) Trailers include vehicles
without engine, designed and manufactured for road operation, and towed by automobiles
where the majority of the trailer gross mass is not rested on the towing
vehicles;
c) Semi-trailers include vehicles
without engine, designed and manufactured for road operation, and towed by
hauling units where a majority of the semi-trailer gross mass is rested on the
hauling units;
d) Four-wheeled motorized vehicles
for passenger transportation include vehicles of at least four wheels, powered
by engine, designed and manufactured for road operation, outfitted with
elements intended for passenger transportation, and having maximum design speed
of 30 km/h and maximum number of passengers of 15 people (excluding the
drivers);
dd) Four-wheeled motorized vehicles
for goods transportation include vehicles of at least four wheels, powered by
engine, designed and manufactured for road operation, outfitted with elements
intended for goods transportation, having engine and cargo space outfitted on
the same chassis, having up to 2 seat rows and maximum number of passenger of 5
people (excluding the drivers), having maximum design speed of 60 km/h and
maximum kerb mass of 550 kg; maximum engine capacity of 15 kW in case of
electric vehicles;
e) Motorbikes include: two-wheeled
or three-wheeled, engine-powered vehicles designed and manufactured for road
operation, other than mopeds; maximum kerb mass of 400 kg in case of
three-wheeled vehicles;
g) Mopeds include two-wheeled or
three-wheeled, engine-powered vehicles designed and manufactured for road
operation, having maximum design speed of 50 km/h; maximum engine displacement
of 50 cm3 in case of heat engines; maximum engine capacity of 4 kW
in case of electric engine; mopeds do not include motorized bicycles;
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2. Non-motorized
vehicles include:
a) Bicycle means a vehicle of at
least two wheels and operated manually in form of pedals or hand cranks;
b) Motorized bicycle, including
electric bicycle means a bicycle assisted by engine where engine power is shut
off if the riders stop pedaling or if the bicycle reaches a velocity of 25
km/h;
c) Pedicabs;
d) Wheelchairs intended for people
with disabilities;
dd) Vehicles towed by domestic
animals;
e) Vehicles similar to those under
this Clause.
3. Heavy-duty
vehicles include:
a) Construction vehicles;
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c) Tractors;
d) Trailers, semi-trailers towed by
tractors;
dd) Vehicles performing special
functions and utilities;
e) Specialized vehicles used for
national defense and security and engaging in road traffic.
4. Smart vehicles mean motorized
vehicles that have their operating scheme, routing scheme, and road traffic
situation handling scheme partially or entirely automated.
5. Vehicles similar to motorized
vehicles, non-motorized vehicles shall be managed and used in accordance with
regulations applicable to said motorized vehicles and non-motorized vehicles.
6. Minister of Transport shall
elaborate this Article; stipulate identifiers of motorized vehicles using clean
energy, green and environmentally friendly energy.
Article 35.
Requirements for participation in road traffic
1. Motorized
vehicles and heavy-duty vehicles, in order to participate in road traffic, must
meet the following requirements :
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b) They meet technical safety and
environmental protection requirements as per the law.
2. Automobiles
used in transportation services must be outfitted with tracking devices.
Passenger automobiles of at least 8 seats (excluding the driver's seats) used
in transportation services, hauling units, and ambulances must be outfitted
with tracking devices and driver image capturing devices.
3. Smart
vehicles must meet requirements under Clause 1 of this Article and must be
licensed for operation by competent authority.
4. Vehicles
bearing foreign license plates and operating in Vietnam shall conform to
Article 55 hereof.
5. The
Government shall elaborate Clause 2 and Clause 3 of this Article; stipulate
operating requirements of non-motorized vehicles.
6. People’s
Committees of provinces shall stipulate scope of operation of non-motorized
vehicles, four-wheeled motorized vehicles for goods transportation,
four-wheeled motorized vehicles for passenger transportation in the provinces.
Article 36. License plate
1. License
plate is issued by competent authority in accordance with Article 37 and
Article 39 hereof and is carried by road vehicles in accordance with this Law
for the purpose of state management.
2. License
plates are classified as follows:
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b) License plate of red background
and white lettering is issued to military vehicles;
c) License plate of color
background and black lettering is issued to vehicles engaging in transportation
services;
d) License plate of white
background and black lettering is issued to vehicles of domestic organizations
and individuals other than those under Points a, b, and c of this Clause;
dd) License plate of white
background, red letter, black number, and “NG” symbol is issued to vehicles of
diplomacy representative missions, consular agencies, and foreign employees
carrying diplomacy identification of said agencies;
e) License plate of white
background, red letter, black number, and “QT” symbol is issued to vehicles of
representative agencies of international organizations and foreign employees
carrying diplomacy identification of said organizations;
g) License plate of white
background, black lettering, and “CV” is issued to vehicles of technical and
administrative personnel carrying public affair identification of diplomacy
representative missions, consular agencies, international organizations;
h) License plate of white
background, black lettering, and “NN” is issued to vehicles of foreign
organizations, representative offices, and individuals, other than those
mentioned in Point g of this Clause;
i) Other types of license plate
conform to regulations of Minister of Public Security.
3. License
plates are managed under identification code, other than those under Point b
Clause 2 of this Article. Management of license plate under identification code
is prescribed as follows:
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b) Where the vehicles have
exhausted their service life, are damaged beyond serviceable, or undergo
ownership transfer, vehicle owners may retain the license plates for 5 years
and register those license plates for other vehicles under their ownership;
after 5 years, the license plates will be revoked and made available for
registration and issuance for other organizations and individuals unless
vehicles associated to the license plates acquired through auction are
transferred, traded, gifted, or bequeathed;
c) Where vehicle owners change
information pertaining to headquarters, temporary residence, or permanent
residence, they may retain identification license plate.
4. The
Minister of Public Security shall stipulate national technical regulation on
license plates; and Minister of National Defense shall stipulate national
technical regulation on license plates of vehicles under their management.
Article 37. License plate auction
1.
License plates for auction are license plates of automobiles, motorbikes, and
mopeds under Point c and Point d Clause 2 Article 36 hereof and are made public
for registration by organizations and individuals participating in the auction.
License plates not registered for auction will be transferred to vehicle
registration and management system where they can be registered as per the law.
2.
Starting price of a automobile license plate put up for auction is not lower
than 40 million VND; starting price of a motorbike or moped license plate put
up for auction is not lower than 5 million VND.
3.
Deposit must not be lower than starting price of the type of license plates put
up for auction.
4.
Upon expiry of auction registration period, where only one person registers for
auction participation or only one person participates in auction among multiple
auction applicants or only one person is willing to pay the starting price or
higher, that person is deemed the winner of the license plate.
5.
Vehicle registration and license plates acquired through auction following a
transfer, trade, gift, bequeathment of vehicles carrying license plates
acquired through auction shall be managed, issued, and revoked in accordance
with Article 39 hereof.
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7.
The Government shall elaborate this Article and stipulate bid increment,
format, method, and procedures for auctioning license plate.
Article 38. Rights and obligations of winners of
license plate auction
1.
Winners of auctioned license plate have the right to:
a)
receive decision verifying the license plates that they have won through
auction after submitting the winning bid;
b)
register the license plates that they have won through auction associated to
vehicles under their ownership at police authority that govern the concerned
license plates or temporary residence, permanent residence of winning
individuals, headquarters of winning organizations;
c)
transfer, trade, gift, bequeath vehicles associated with the license plates
that they have won through auction;
d)
have their heirs receive a refund of the bid in its entirety where the winners
decease within 30 days from the date on which notice on bid winning is issued
without receiving decision verifying the license plates won through auction
issued by competent authority;
dd)
have their heirs receive a refund of the bid in its entirety and the auction
results cancelled where the winners decease within 12 months from the date on
which decision verifying license plates won through auction is issued without
adopting vehicle registration procedures in order to legitimately carry the
concerned license plates.
2.
Winners of auctioned license plates have the obligation to:
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b)
perform vehicle registration procedures in order to legitimately carry license
plates won through auction within 12 months from the date on which decision
verifying license plates won through auction; this time limit can be extended
for a maximum of 6 months in case of force majeure or objective causes. Where
auction winners fail to adopt vehicle registration procedures in order to
legitimately carry the won license plate within the time limit, the won license
plates will be put up for auction again or transferred to vehicle registration
and management system and the winners will not receive a refund for the
submitted bid;
c)
avoid transferring, trading, gifting, bequeathing license plates won through
auctions except for cases detailed under Point c Clause 1 of this Article.
3.
The Government shall elaborate this Article.
Article 39. Issuance and revocation of certificate of
vehicle and license plate registration for motorized vehicles and heavy-duty
vehicles in road traffic
1.
Issuance of certificate of vehicle and license plate registration for motorized
vehicles and heavy-duty vehicles must only be implemented when the following
requirements are met:
a)
Certificate of vehicle origin;
b)
Certificate of legitimate ownership;
c)
Certificate of financial obligation fulfillment.
2. Issuance
of certificate of registration for motorized vehicles and heavy-duty vehicles
in the event of change to vehicle ownership must only be implemented when the
following requirements are met:
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b)
Other requirements under Point b and Point c Clause 1 of this Article.
3.
Replacement certificate vehicle and license plate registration for motorized
vehicles and heavy-duty vehicles will be issued when:
a)
Certificate of vehicle and license plate registration is blurred or damaged;
b)
Modification is conducted, paint coating is changed; name, identification
number of organization, individuals or use purpose is changed;
c)
Vehicle owners change registered address and wish to apply for re-issuance of
certificate of vehicle registration;
d)
Certificate of vehicle, license plate registration expires;
dd)
Vehicle registration authority changes structure of certificate of vehicle and
license plate registration.
4.
Certificate of vehicle, license plate registration for motorized vehicles and
heavy-duty vehicles will be re-issued.
5.
Temporary license plates and registration will be issued to motorized vehicles
and heavy-duty vehicles:
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b)
Where vehicles are subject to revocation procedures for re-export or ownership
transfer; vehicles serve events organized by the Communist Party, the
Government; vehicles, including right-hand drive vehicles, that are registered
overseas and allowed by competent authority for transit, temporary import,
temporary re-export are used in convention, fairs, exhibits, sports, athletic
events, tourism in Vietnam; vehicles fall under cases where temporary license
plates are note required according to international treaties to which the
Socialist Republic of Vietnam is a signatory in accordance with Article 55
hereof;
c)
Research and development test vehicles participate in road traffic in
accordance with Point h Clause 5 Article 42 hereof.
6.
Certificate of vehicle, license plate registration for motorized vehicles and
heavy-duty vehicles will be revoked:
a)
When vehicle ownership is changed; when vehicles associated with license plates
won via auction are transferred, gifted, bequeathed in which case only
certificate of vehicle registration is revoked;
b)
When imported vehicles are exempted from tax or temporarily imported vehicles
of foreign agencies, organizations, and individuals are re-exported, changed in
ownership, or destroyed; vehicles expire registration period in special
economic-commercial zones, economic zones at international border check points;
c)
Registered vehicles have fabricated vehicle dossiers or are subject to
conclusion of competent authority regarding illegal replacement of chassis
number, engine number; vehicle engine is removed for use in other vehicles;
d)
Motorized vehicles expire their service life or are damaged beyond serviceable;
dd)
Vehicles are discarded or lost at which point vehicle owners request revocation
of certificate of vehicle, license plate registration;
e)
Vehicle registration or license plate issuance does not comply with the law.
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8.
The Minister of National Defense shall stipulate procedures for issuance,
revocation of certificate of vehicle, license plate registration for motorized
vehicles and heavy-duty vehicles under management of the Ministry of National
Defense.
Article 40.
Service life of motorized vehicles
1. Service life of motorized
vehicles starts from the manufacturing year to December 31 inclusive of the
year in which the service life expires.
2. Service life of modified
vehicles:
a) Where a vehicle with service
life is modified into a vehicle without service life, regulations pertaining to
service life of the vehicle before modification will prevail;
b) Where a vehicle without service
life is modified into a vehicle with service life, regulations pertaining to
service life of vehicle after modification will prevail;
c) Where a passenger automobile
with at least 9 people in seating capacity (excluding the driver) or a
specialized passenger automobile is modified into a goods transport automobile
(including specialized goods transport automobile); a four-wheeled motorized
passenger vehicle is modified into a four-wheeled motorized goods transport
vehicle, regulations pertaining to service life of vehicle after modification
will prevail.
3. Service
life does not apply to automobiles that are:
a) Passengers motorbikes, mopeds, automobiles
with up to 8 people in seating capacity (excluding the driver), specialized automobiles,
trailers, semi-trailers;
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4. The Government shall elaborate
this Article.
Article 41.
Technical safety and environmental protection assurance for motorized vehicles,
heavy-duty vehicles, motorized vehicle parts in import, manufacturing, and
assembly
1. Entities subject to technical
safety and environmental protection include:
a) Imported, manufactured,
assembled motorized vehicles, heavy-duty vehicles other than vehicles serving
scientific research, study for manufacturing, exhibit, introduction at fairs,
commercial trade expositions;
b) Types of motorized vehicle parts
imported, manufactured, and assembled under list of goods and products to be
inspected for technical safety and environmental protection, except those for
scientific research, study for manufacturing, exhibit, introduction at fairs
and trade expositions.
2. Certification for technical
safety and environmental protection includes:
a) Examining, testing, certifying technical
safety and environmental protection of motorized vehicles, heavy-duty vehicles,
motorized vehicle parts, and energy rating of motorized vehicles;
b) Accrediting and designating
test, certification facilities;
c) Inspecting, evaluating,
supervising fulfillment of technical safety and environmental protection,
maintenance, warranty, recall of products and goods of importing,
manufacturing, assembling facilities.
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4.
Acceptance of certificate of technical safety and environmental protection for
motorized vehicles and motorized vehicle parts issued in foreign countries
shall conform to international treaties to which the Socialist Republic of
Vietnam is a signatory.
5. Importing,
manufacturing, assembling organizations and individuals are responsible for
complying with regulations on inspection and certification of technical safety
and environmental protection of motorized vehicles, heavy-duty vehicles, and
motorized vehicle parts; responsible for quality of products and goods
imported, manufactured, assembled at their discretion, maintenance, warranty of
imported, manufactured, assembled motorized vehicles, and recall of products
and goods according to regulations of Government.
6. The Prime Minister shall
prescribe roadmap for adoption of emission standard for imported, manufactured,
assembled motorized vehicles.
7. The Minister of Transport shall
promulgate national technical regulations on technical safety and environmental
protection quality, energy rating of motorized vehicles, heavy-duty vehicles,
motorized vehicle parts in import, manufacturing, and assembly; national
technical regulations on motorized vehicle maintenance and warranty facilities;
procedures for certifying technical safety and environmental protection of
motorized vehicles, heavy-duty vehicles, and motorized vehicle parts in import,
manufacturing, and assembly, except for cases under Clause 8 of this Article;
regulations on issuance, re-issuance, suspension, and revocation of inspection
personnel certificate.
8. The Minister of National Defense
and Minister of Public Security shall regulate procedures for certifying
technical safety and environmental protection for motorized vehicles,
heavy-duty vehicles, and motorized vehicle parts in import, manufacturing, and
assembly under management of Ministry of National Defense and Ministry of
Public Security respectively.
Article 42.
Technical safety and environmental protection assurance for motorized vehicles
and heavy-duty vehicles in road traffic
1. Motorized vehicles and
heavy-duty vehicles, in order to participate in road traffic, must be inspected
in a law-compliant manner.
2. Inspection of motorbikes and
mopeds only consists of exhaust inspection. Exhaust inspection shall conform to
regulations on environmental protection and be adopted in exhaust registration
and inspection facilities compliant with national technical regulations.
3. Motorized vehicles and
heavy-duty vehicles to which certificate of technical safety and environmental
protection is issued by vehicle registration and inspection facilities or
certificate of factory release inspection is issued by manufacturers, inspection
is not required where the vehicles are transported from border checkpoints,
manufacturing facilities, assembly facilities to storage units, ports, stores
and vice versa.
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5. The Minister of Transport shall
prescribe:
a) Procedures for issuing,
re-issuing, suspending, revoking certificate of eligibility to conduct
motorized vehicle inspection of motorized vehicle registration and inspection
facilities;
b) Procedures for issuing,
re-issuing, suspending, and revoking certificate of eligibility to operate of
motorbike, moped exhaust registration and inspection facilities;
c) Procedures for certifying
technical safety and environmental protection for modified motorized vehicles,
modified heavy-duty vehicles;
d) Procedures for conducting,
exempting initial inspection of motorized vehicles and heavy-duty vehicles;
dd) Procedures for conducting
exhaust inspection for motorbikes and mopeds;
e) National technical regulations
on technical facilities and location of motorized vehicle registration and
inspection facilities, motorbike and moped exhaust registration and inspection
facilities; national technical regulations on motorized vehicles and heavy-duty
vehicles participating in road traffic;
g) Dimensional and load limits of
motorized vehicles and heavy-duty vehicles participating in road traffic;
h) Technical requirements for
research and development motorized vehicles and heavy-duty vehicles that wish
to participate in road traffic.
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Article 43.
Responsibilities of registration and inspection facilities, owners and
operators of motorized vehicles, heavy-duty vehicles
1. Registration
and inspection facilities that are public service providers conducting
technical safety and environmental protection inspection for motorized vehicles
and heavy-duty vehicles shall organize and operate in accordance with
regulations of Government.
Registration and inspection
facilities are responsible for technical safety and environmental protection
inspection results of motorized vehicles and heavy-duty vehicles; reject
inspection of violating vehicles where vehicle owners have not completed
demands of competent authority regarding settlement of administrative
violations in road traffic order and safety.
2. Responsibilities
of owners and operators of motorized vehicles, heavy-duty vehicles:
a) Complying with regulations on
issuing, revoking certificate of vehicle and license plate registration,
technical safety and environmental protection of motorized vehicles and
heavy-duty vehicles;
b) Performing maintenance and
repair to maintain technical conditions of vehicles; assuming legal
responsibility for failure to operate vehicles that do not meet technical
safety and environmental protection in road traffic;
c) Organizations and individuals
under whose name the certificate of vehicle registration is issued will assume
responsibilities of vehicle owners in the event that certificate of vehicle,
license plate registration has not been revoked as per Clause 6 Article 39
hereof;
d) Where organizations and
individuals violating regulations pertaining to road traffic order and safety
have not completed demands of competent authority pertaining to settlement of
administrative violations in road traffic order and safety, registration and
inspection of violating vehicles will not be processed;
dd) Complying with other regulations
of the law when participating in road traffic.
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1. Buses, four-wheeled motorized
vehicles must operate within routes, schedules, operating hours and stop, park
in appropriate locations.
2. Taxis shall pick up and drop off
passengers as per agreement between passengers and drivers while complying with
regulations on road traffic order and safety upon picking up, dropping off
passengers.
3. Goods transport vehicles must operate
within routes, range, and schedules applicable to each type of vehicle.
4. Environmental cleaning vehicles,
construction material and bulk waste transport automobiles must be covered,
protected from spilling onto roads, and compliant with operating hours
regulated by People’s Committees of provinces.
5. People’s Committees of provinces
shall prescribe operation of road transport in cities and percentage of public
passenger transport equipped with mobility aid.
Article 45.
Road traffic order and safety assurance for passenger automobiles
1. Passenger transportation using automobiles
must:
a) Pick up and drop off passengers
in designated locations; install equipment instructions onboard; prepare
cleaning measures on board;
b) Transport passengers in
accordance with registered itinerary and route, except for force majeure;
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d) Avoid transporting dangerous
goods, goods prohibited from sale, counterfeit goods, wild animals, goods of
foul odor, or other animals and goods that affect health of other passengers
and environment;
dd) Avoid carrying more passenger
than the seating capacity, more luggage, goods that what is allowed, or other
violations of the law;
e) Avoid carrying goods in
passenger space.
2. Drivers and attendants on
passenger transport automobiles are responsible for:
a) complying with Clause 1 of this
Article;
b) inspecting safety conditions of
the vehicles, providing passengers with guidelines on road traffic safety and
emergency exit before the vehicle depart;
c) providing guidelines,
requesting, and inspecting compliance with Clause 2 Article 10 hereof of
vehicle occupants;
d) inspecting luggage and goods
arrangement, fastening;
dd) keeping order and hygiene
onboard;
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g) exercising other road traffic
rules under Chapter II hereof.
Article 46.
Road traffic order and safety assurance for automobiles transporting preschool
children and students
1. Automobiles engaging in the
service for transporting preschool children and students must meet requirements
below:
a) Such vehicles must meet
requirements under Clause 1 and Clause 2 Article 35 hereof; must be equipped
with image capturing devices for preschool children and students and equipment
for preventing child abandonment; must have a maximum of 20 years in service
life; and must be painted in accordance with regulations of the Government;
b) Such vehicles must be equipped
with seat belts or seats appropriate to age groups as per the law.
2. Where automobiles engaging in
both services of general transportation and transporting of preschool children
and students, such vehicles must meet requirements under Clause 3 Article 10,
Clause 1 and Clause 2 Article 35 hereof; must be equipped with image capturing
devices for preschool children and students and equipment for preventing child
abandonment in accordance with Point a Clause 1 of this Article.
3. At least 1 attendant must be
assigned on each automobile for the purpose of transporting preschool children
and primary school students in order to provide guidance, supervise, maintain
order and safety throughout the trips. Where automobiles have at least 29 seats
(excluding the drivers’ seats) and transport at least 27 preschool children and
primary school students, at least 2 attendants will be required per vehicle.
Attendants and drivers are responsible for checking for preschool children and
primary school students at drop-off; must not leave preschool children and
primary school students onboard when both attendants and drivers have left the
vehicles.
4. Drivers must have at least 2
years of experience in operating passenger transportation.
5. Education institutions must
develop safety procedures for transportation of preschool children and
students; instruct and request drivers, attendants to acknowledge and comply
with the procedures; maintain road traffic order and safety in transportation
of preschool children and students of the institutions.
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Article 47.
Road traffic order and safety assurance in passenger and goods transportation
using motorbikes, mopeds, non-motorized vehicles
1. The use of motorbikes, mopeds,
and non-motorized vehicles for passenger and goods transportation must conform
to regulations below:
a) Vehicle safety conditions must
be inspected prior to participation in road traffic;
b) For the purpose of goods
transportation, drivers must carry adequate documents as per the law;
c) Inspection must be conducted to
ensure safe goods arrangement; compliance with passenger, luggage, goods limit;
d) Goods carried onboard must be
neatly arranged and firmly secured in order to not endanger other road users
and vehicles; must not obstruct vision of drivers, headlights, or license
plate;
dd) In respect of bulk cargo,
construction material, and waste transportation, all spillage, noise, and dust
must be prevented throughout transportation process;
e) In respect of carried goods
extend past the front and the rear of the vehicles, the vehicles must be
outfitted with red warning signals at both ends of the goods during daytime or
lights or other warning measures during nighttime to alert other road users.
2. People’s Committees of provinces
shall stipulate the use of motorbikes, mopeds, and non-motorized vehicles for
passenger and goods transportation in their provinces.
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1. Four-wheeled motorized vehicles
for passenger and goods transportation must:
a) be issued with certificate of
vehicle and license plate registration; meet technical safety and environmental
protection standards as per the law;
b) publicly post name and phone
number of transportation service providers; publicly post passenger transport
fees;
c) adhere to operating schedules
and scope.
2. People’s Committees of provinces
are responsible for prescribing operating hours and scope of passenger
transportation services provided via four-wheeled motorized vehicles and goods
transportation services using four-wheeled motorized vehicles in their
provinces.
Article 49.
Road traffic order and safety assurance for goods transport automobiles
1. When
transporting goods using automobiles, drivers must:
a) carry adequate documents as per
the law;
b) inspect vehicle safety
conditions prior to participation in road traffic;
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d) inspect goods arrangement and
firm, secure goods fastening in accordance with regulations of Minister of
Transport;
dd) adequately cover bulk cargoes,
construction materials, and waste to prevent spillage, noise, or dust during
transportation; keep maximum height of goods at least 10 cm below the top of
the cargo space;
e) install red warning signals at
both ends of the goods during daytime and lights or other warning measures
during nighttime to alert other road users in respect of carried goods extend
past the front and the rear of the vehicles.
2. Traffic police forces are
responsible for organizing patrols, controlling, and handing violations of the
law pertaining to road traffic order and safety for automobiles carrying
overload or oversized goods in road traffic.
Article 50.
Road traffic order and safety for road vehicles transporting live animals, raw
food
1. In order to
transport live animals:
a) Drivers must carry adequate
documents as per the law;
b) Transport vehicles must be
outfitted with structures appropriate to the animals being transported;
c) Transportation process must
conform to regulations of the law pertaining to road traffic order and safety,
epidemiology, disease prevention, and environmental hygiene.
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a) Drivers must carry adequate
documents as per the law;
b) Transportation process must
conform to regulations of the law pertaining to road traffic order and safety,
epidemiology, disease prevention, and environmental hygiene.
Article 51.
Road traffic order and safety assurance for road vehicles carrying dangerous
goods
1. Dangerous
goods are goods containing dangerous substances or items which, when carried on
public road, may endanger lives or health of people, the environment, national
safety and security.
2. Transportation
of dangerous goods require transport permit; where necessary, transport service
providers must assign escort personnel to maintain road traffic order and
safety.
3. Automobiles
carrying dangerous goods must be labeled to identify dangerous goods and
outfitted with warning lights and signals.
4. Drivers or escorts of dangerous
goods must receive training for dangerous goods transportation.
5. Authority licensing the
transportation of dangerous goods are responsible for notifying traffic police
authority affiliated to Ministry of Public Security and traffic police forces
in charge of maintaining road traffic order and safety of routes, roads where
the transport vehicles travel through to command and control road traffic,
inspect and deal with violations of the law, and maintain road traffic order
and safety.
6. The Government shall elaborate
this Article.
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1. Oversized vehicles include:
a) Motorized vehicles and
heavy-duty vehicles whose exterior dimensions exceed the permissible limits
according to national technical regulations on motorized vehicles;
b) Motorized vehicles, heavy-duty
vehicles whose exterior dimensions exceed dimensional limits of roads;
c) Motorized vehicles, heavy-duty
vehicles whose exterior dimensions or carried goods exceed goods loading limits
or dimensional limits of roads.
2. Overload vehicles include:
a) Motorized vehicles, heavy-duty
vehicles whose gross weight exceeds the permissible load of the vehicles or
load limits of roads;
b) Motorized vehicles, heavy-duty
vehicles whose gross axle load or axle group load exceeds limit axle load or
limit axle group load or load limits of roads.
3. Road operation permit will be
issued to oversized, overload vehicles and tracked vehicles when:
a) Oversized vehicles under Point a
and Point b Clause 1 of this Article do not carry goods, vehicles whose kerb
mass exceeds load limits of roads do not carry goods, tracked vehicles move
from manufacturing locations, ports, stations, and locations of import, repair,
maintenance to use locations or vice versa or in-between use locations;
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c) Vehicles are operated at an
oversized state to carry passenger automobiles of a seating capacity of up to 8
people (excluding the driver’s seat), trucks and specialized automobiles whose
gross weight by design is up to 3.500 kg from manufacturing locations, ports,
stations, and locations of import, repair, maintenance to locations of use.
4. Protection of road structures
operation of where oversized, overload vehicles and tracked vehicles are
allowed on roads:
a) Where oversized vehicles,
overload vehicles, and tracked vehicles exceed load limits, dimensional limits
of road structures, organizations and individuals requesting vehicle operation
are responsible for surveying, designing, and reinforcing road structures;
b) Surveying, design, and
reinforcement of road structures are implemented by eligible entities as per
construction laws;
c) Organizations and individuals
providing transport services are responsible for incurring road structure
survey, design, reinforcement costs under Point b of this Clause;
d) Agencies, organizations, and
individuals under Points a, b, and c of this Clause are responsible for
compensation in case of damage to road structures;
dd) When necessary, people and
vehicles assisting drivers, issuing warnings to other road users and vehicles
and other road traffic safety measures are required as per regulations of the
Government;
e) Where tracked vehicles are
allowed for road operation, protective measures for road surface are required.
5. Competent road authorities shall
issue operating permit for oversized, overload vehicles and tracked vehicles
for road operation; where oversized or overload goods are transported, permit
issuance shall conform to Article 53 hereof; agencies and organizations
assigned to oversee road structures which require reinforcement in accordance
with Point a Clause 4 of this Article shall approve road structure survey,
design, and reinforcement solutions.
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7. Agencies issuing operating
permit for oversized vehicles, overload vehicles, and tracked vehicles must
immediately inform traffic police affiliated to Ministry of Public Security and
traffic police forces in charge of maintaining road traffic order and safety on
relevant routes and roads for traffic command, control, handling of violations
of the law, and assurance of road traffic order and safety.
8. Traffic police forces are
responsible for organizing patrols, commanding, controlling traffic, dealing
with violations of the laws in respect of oversized vehicles, overload
vehicles, and tracked vehicles operating on roads.
9. The Minister of Transport shall
elaborate Point b Clause 3 of this Article; prescribe dimensional and load
limits of roads; prescribe operation of oversized, overload vehicles, and
tracked vehicles on roads; prescribe procedures for issuing operating permit
for oversized, overload vehicles, and tracked vehicles.
Article 53.
Road traffic order and safety assurance for vehicles carrying oversized,
overload goods
1. Oversized, overload goods are
goods that cannot be divided or separated and which cause means of transport to
exceed permissible dimensional or load limits for participation in road traffic
as per the law.
2. Vehicles carrying oversized,
overload goods must be suitable for types of goods, dimensions, and load of
goods and obtain operating permit issued by competent road authority.
3. Vehicles carrying oversized,
overload goods may be connected to form vehicle combinations such as hauling
units, automobiles towing trailers to tow or propel specialized trailers,
semi-trailers, modular trailers, including where connection is made via the
carried goods.
4. Vehicles carrying oversized,
overload goods must operate within the speed specified in the permit and carry
warnings indicating goods dimension; where necessary, assisting personnel and
vehicles are required in accordance with Point dd Clause 4 Article 52 hereof.
5. Authority licensing the
transportation of oversized, overload goods are responsible for notifying traffic
police authority affiliated to Ministry of Public Security and traffic police
forces in charge of maintaining road traffic order and safety of routes, roads
where the transport vehicles travel through to command and control road
traffic, inspect and deal with violations of the law, and maintain road traffic
order and safety.
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7. The Minister of Transport shall
elaborate oversized, overload goods; transportation of oversized, overload
goods, and issuance of operating permit for vehicles transporting oversized,
overload goods in road traffic.
Article 54.
Road traffic order and safety assurance for road recovery vehicles
1. Road recovery vehicles are
specialized automobiles outfitted with equipment and tools for rescuing,
assisting in movement or transportation of disabled vehicles.
2. Road recovery vehicles must
carry identifiers, publicly posted vehicle information, tracking devices, and
driver image capturing devices in accordance with Clause 2 Article 35 hereof.
3. Road recovery vehicles must
adhere to regulations of the law pertaining to load of goods carried by
recovery vehicles and weight of recovery vehicles specified on certificate of
technical safety and environmental protection inspection.
Article 55.
Road traffic order and safety assurance for right-hand drive automobiles of
foreigners registered overseas and engaging in Vietnamese traffic; foreign
motorized vehicles brought into Vietnam by foreigners for tourism purposes
1. Right-hand drive automobiles of
foreigners registered overseas and engaging in Vietnamese traffic and foreign
motorized vehicles brought into Vietnam by foreigners for tourism purposes must
be licensed by competent authority.
2. Agencies licensing right-hand
drive automobiles of foreigners registered overseas and engaging in Vietnamese
traffic and foreign motorized vehicles brought into Vietnam by foreigners for
tourism purposes must immediately inform immigration authority.
3. Operation of right-hand drive automobiles
of foreigners registered overseas and engaging in Vietnamese traffic and
foreign motorized vehicles brought into Vietnam by foreigners for tourism
purposes is regulated as follows:
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b) Such vehicles must participate
in traffic within the scope, route, and time licensed by Vietnamese authority;
c) Right-hand drive automobiles of
foreigners registered overseas must travel in convoys and accompanied by
supporting, coordinating personnel and vehicles;
d) Organizations and individuals
bringing right-hand drive vehicles to Vietnam are responsible for preparing
vehicles for traffic coordination and safety for the duration of stay of the
right-hand drive vehicles in Vietnamese territory.
4. The Government shall elaborate
this Article.
Chapter IV
VEHICLE OPERATORS IN ROAD TRAFFIC
Article 56.
Requirements of vehicle operators for road traffic participation
1. Vehicle
operators must meet age and health requirements as per the law; possess valid
driver license with at least 1 point remaining appropriate to the types of
vehicle issued by competent authority, except for moped operators under Clause
4 of this Article. Vehicle operators, upon participating in road traffic, must
carry:
a) Certificate of vehicle
registration or certified true copies of certificate of vehicle registration
and valid original copies of verifying documents of credit institutions,
foreign bank branches in case the vehicles are being held as collateral at
credit institutions, foreign bank branches;
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c) Certificate of technical safety
and environmental protection inspection for motorized vehicles as per the law;
d) Certificate of compulsory civil
liability insurance of motorized vehicle owners.
2. Operators
of heavy-duty vehicles must meet age and health requirements as per the law;
possess certificate of heavy-duty vehicle operation training appropriate to the
type of heavy-duty vehicles being operated; valid driver license with at least
1 point remaining or certificate of road traffic law training. When
participating in traffic, operators of heavy-duty vehicles must also carry:
a) Certificate of vehicle
registration or certified true copies of certificate of vehicle registration
and valid original copies of receipts of credit institutions, foreign bank
branches in case the vehicles are being held as collateral at credit institutions,
foreign bank branches;
b) Degree or certificate of
heavy-duty vehicle operation training;
c) Driver license or certificate of
road traffic law training;
d) Certificate of technical safety
and environmental protection inspection for heavy-duty vehicles as per the law;
dd) Certificate of compulsory civil
liability insurance as per the law.
3. Where
documents under Clause 1 and Clause 2 of this Article have been integrated in
electronic identification account, the presentation and inspection thereof can
be done via electronic identification account.
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5. Automobile
trainees and examinees must use vehicles for training, examination on training,
examination routes and be assisted by trainers or examiners. Automobile
trainers and examiners must carry documents under Clause 1 of this Article.
Article
57. Driver license
1. Driver license is divided into
the following categories:
a) Category A1 license is issued to
operators of two-wheeled motorbikes of an engine size of up to 125 cm3
or electric motor power output of up to 11 kW;
b) Category A license is issued to
operators of two-wheeled motorbikes of an engine size of more than 125 cm3
or electronic motor power of more than 11 kW and vehicles in category A1;
c) Category B1 license is issued to
operators of three-wheeled motorbikes and vehicles in category A1;
d) Category B license is issued to
operators of passenger automobiles of a seating capacity of up to 8 people
(excluding the driver’s seat); trucks and specialized vehicles with maximum
authorized mass of 3.500 kg; automobiles in category B towing trailers of up to
750 kg in maximum authorized mass;
dd) Category C1 license is issued
to operators of trucks and specialized vehicles with maximum authorized mass of
exceeding 3.500 kg to 7.500 kg; trucks in category C1 towing trailers of up to
750 kg in maximum authorized mass; vehicles in category B;
e) Category C license is issued to
operators of trucks and specialized vehicles with maximum authorized mass of
exceeding 7.500 kg; trucks in category C towing trailers of up to 750 kg in
maximum authorized mass; vehicles in category B and category C1;
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h) Category D2 license is issued to
operators of passenger vehicles (including buses) of a seating capacity of
exceeding 16 people (excluding the driver’s seat) to 29 seats (excluding the
driver’s seat); passenger automobiles in category D2 towing trailers of up to
750 kg in maximum authorized mass; vehicles in category B, category C1,
category C, and category D1;
i) Category D license is issued to
operators of passenger automobiles (including buses) of a seating capacity of
exceeding 29 people (excluding the driver’s seat); passenger sleeper automobiles;
passenger automobiles in category D towing trailers of up to 750 kg in maximum
authorized mass; vehicles in category G, category C1, category C, category D1,
and category D2;
k) Category BE license is issued to
operators of automobiles in category B towing trailers with exceeding 750 kg in
maximum authorized mass;
l) Category C1E license is issued
to operators of automobiles in category C1 towing trailers with exceeding 750
kg in maximum authorized mass;
m) Category CE license is issued to
operators of automobiles in category C towing trailers with exceeding 750 kg in
maximum authorized mass; hauling units towing semi-trailers;
n) Category D1E license is issued
to operators of automobiles in category D1 towing trailers with exceeding 750
kg in maximum authorized mass;
o) Category D2E license is issued
to operators of automobiles in category D2 towing trailers with exceeding 750
kg in maximum authorized mass;
p) Category De license is issued to
operators of automobiles in category D towing trailers with exceeding 750 kg in
maximum authorized mass; articulated passenger automobiles.
2. Category
A1 license will be issued to persons with disabilities operating three-wheeled
motorbikes intended for use by people with disabilities.
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3. Operators
of four-wheeled goods transport motorized vehicles, four-wheeled passenger
transport motorized vehicles must carry driver license of a category
appropriate to trucks or passenger automobiles respectively.
4. Operators
of automobiles that have been designed, modified to have less seating capacity
than that of vehicles of the same type and dimensional limits must carry driver
license of a category appropriate to the automobiles of the same type,
dimensional limits, and the highest seating capacity.
5. Effective
period of driver license:
a) Category A1, category A, and
category B1 license do not expire;
b) Category B and category C1
license expire after 10 years from the date of issue;
c) Category C, category D1, category
D2, category D, category BE, category C1E, category CE, category D1E, category
D2E, and category DE license expire after 5 year from the date of issue.
6. Driver
license valid for use within Vietnamese territory include:
a) Driver license issued by
Vietnamese competent authority;
b) International driver license and
national driver license appropriate to the type of vehicles in question issued
by a member state of the United Nations Convention on Road Traffic of 1968
(hereinafter referred to as “Vienna Convention”);
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d) Foreign driver license
appropriate to the type of vehicles in question issued by countries recognized
by international treaties to which the Socialist Republic of Vietnam is a
signatory.
7. Driver
license is void when:
a) The driver license expires;
b) The driver license is revoked
under Clause 5 Article 62 hereof.
8. International
driver license is prescribed as follows:
a) International driver license is
a driver license issued by competent authority of a member state of the Vienna
Convention using a unified format; is effective for up to 3 years from the date
of issue and must match effective period of national driver license;
b) Holders of international driver
license issued by member states of the Vienna Convention must carry respective
valid international driver license and national driver license appropriate to
the type of vehicles when engaging in road traffic in Vietnamese territory;
adhere to Vietnam’s road traffic order and safety laws;
c) Where holders of international
driver license have their driver license temporarily suspended as a result of
violation of Vietnam’s road traffic order and safety laws, the duration of the
temporary suspension must not be longer than the permissible duration of stay
in Vietnam of the holders;
d) Vietnamese nationals or
foreigners possessing permanent residence card or temporary residence card in
Vietnam and holding unexpired driver license issued by competent authority of
Vietnam or member state of international treaties to which the Socialist
Republic of Vietnam is a signatory may apply for international driver license.
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Article 58.
Points of driver license
1. Points
of driver license are used to govern compliance with road traffic order and
safety assurance of vehicle operators on database on road traffic order and
safety and consist of 12 points. The number of points removed per offence varies
depending on the nature and severity of the violation of road traffic order and
safety laws. Data pertaining to penalty points of driver license of offenders
is immediately updated on database system after decision on violation penalty
enters into force and holders of driver license on which penalty points are
imposed are notified.
2. A driver
license with at least 1 point remaining will have its points reset back to 12
points if no point are removed for 12 months.
3. Where
all points of a driver license have been completely removed, holder of the
driver license is not allowed to operate vehicles under said driver license. At
least 6 months from the date on which all driver license points have been
removed, the license holders may apply for examination on road traffic order
and safety laws according to Clause 7 Article 61 hereof organized by traffic
police forces and receive 12 points where they attain satisfactory results.
4. A
renewed, re-issued, and upgraded driver license will retain driver license
points prior to the renewal, re-issuance, and upgrade.
5. Competent
individuals entitled to impose administrative penalties can remove driver
license points.
6. The
Government shall elaborate Clause 1 of this Article; procedures and entitlement
to removing and resetting driver license points; roadmap for implementation of
this Article. The Minister of Public Security shall elaborate Clause 3 of this
Article.
Article 59.
Age and health requirements of vehicle operators participating in road traffic
1. Age
requirements of drivers, operators of heavy-duty vehicles are as follows:
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b) People of at least 18 years of
age may apply for A1, A, B1, B, C1 driver license and certificate of road
traffic law trainings in order to operate heavy-duty vehicles in road traffic;
c) People of at least 21 years of
age may apply for C and BE driver license;
d) People of at least 24 years of
age may apply for D1, D2, C1E, and CE driver license;
dd) People of at least 27 years of
age may apply for D, D1E, D2E, and DE driver license;
e) Operators of passenger automobiles
(including buses) with a seating capacity of more than 29 people (excluding the
driver’s seat), passenger sleeper automobiles must not be older than 57 in case
of male operators and 55 in case of female operators.
2. Vehicle
operators must meet health requirements applicable to the type of vehicles they
are allowed to operate. The Minister of Health shall prescribe health
standards, and medical examination for drivers, operators of heavy-duty
vehicles; periodic medical examination for people working as automobile
operators; develop database on health of drivers, operators of heavy-duty
vehicles.
3. The
Minister of National Defense and Minister of Public Security shall prescribe
age requirements for drivers in military forces and police forces performing
national defense and security tasks.
Article 60.
Driver training
1. Individuals applying for driver
license must undergo written and practical training according to training
programs applicable to driver license grade.
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3. Training for
driver license upgrade applies to:
a) Upgrading
category B to category C1 or category C or category D1 or category D2;
b) Upgrading
category C1 to category C or category D1 or category D2;
c) Upgrading
category C to category D1 or category D2 or category D;
d) Upgrading
category D1 to category D2 or category D;
dd) Upgrading
category D2 to category D;
e) Upgrading
category B to category BE, category C1 to category C1E, category C to category
CE, category D1 to category D1E, category D2 to category D2E, category D to
category DE.
4. In order to
apply for driver license upgrade, eligible individuals must possess valid
driver license and adequate driving experience appropriate to each driver
license category; in respect of application for driver license upgrade to
category D1 or category D2 or category D, applicants must have lower-secondary
education qualification or higher.
5. Category C,
category D1, category D2, category D, category BE, category C1E, category CE,
category D1E, category D2E, category DE driver license can only be obtained via
driver license upgrade detailed under Clause 3 and Clause 4 of this Article.
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7. The
Government shall elaborate driver training methods other than those mentioned
under Clause 2 of this Article; procedures for examining and evaluating to
issue, re-issue, and revoke training vehicle license; standards of driving
instructors; issuance, re-issuance, and revocation of certificate of driving
instructor; issuance, re-issuance, and revocation of driver training license.
8. The
Minister of Transport shall prescribe format, contents, and programs for driver
training, safe driving period for each driver license category under Clause 4
of this Article and standards of motorbike driver training facilities; the
Minister of National Defense and Minister of Public Security shall prescribe
driver training facilities and driver training operation for military forces
and police forces performing national defense and security tasks.
Article 61.
Driver examination
1. Individuals
completing drier training programs and meeting age and health requirements
under Article 59 hereof may apply for driver examination.
2. Contents
of driver examination must be appropriate to driver license grade and driver
training program.
3. Automobile
driver examination must be carried out at driver training facilities; motorbike
driver training examination must be carried out at driver training facilities
or driving courses that meet technical, amenity requirements and standards.
Driver examination is organized by competent authority.
4. Driver
examination facilities are providers of driver examination service; must meet
requirements set by the Government and technical requirements under national
technical regulations on driver training facilities for motorized road
vehicles; use information technology equipment, share examination results and
monitoring data to driver training, driving tests, and driver licensing
authority, road traffic order and safety authority.
5. Driver
examination is carried out by examiners. Examiners must meet adequate eligibility,
requirements, possess examiner card, and be responsible for their examination
results.
6. The Government shall prescribe
requirements, procedures for examination and evaluation for issuance,
re-issuance, and revocation of driver examination license for driver training
facilities; driving course requirements for motorbike driving examination.
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Article 62.
Issuance, renewal, re-issuance, and revocation of driver license
1. Driver
license is issued to driver examinees who attain desired results.
2. License
holders are eligible for renewal or re-issuance when:
a) The previous license is lost;
b) The previous license is damaged
beyond serviceable;
c) The previous license has not
expired;
d) Information in the previous
license is changed;
dd) Foreign driver license issued
by foreign competent authority has not expired;
e) Driver license is issued by
Ministry of National Defense or Ministry of Public Security at request or
license holders no longer perform national defense and security tasks.
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4. Issuance,
renewal, re-issuance of driver license of individuals violating regulations of
the law pertaining to road traffic order and safety will be postponed where
such individuals have not fulfilled request of competent authority regarding
settlement of administrative cases in road traffic order and safety.
5. Driver
license is revoked where:
a) License holders no longer meet
health requirements applicable to each driver license category under conclusion
of medical examination and treatment establishments;
b) The driver license was issued in
an illegitimate manner;
c) The driver license is not
collected by individuals committing administrative violations without a
justifiable reason after impound period expires or prescriptive period of
administrative violations expires as per administrative penalty laws.
6. The Minister of Transport shall
prescribe requirements, procedures for issuance, renewal, re-issuance, and
revocation of driver license other than cases under Clause 7 of this Article.
7. The Minister of National Defense
and Minister of Public Security shall prescribe issuance, renewal, re-issuance,
and revocation of driver license for military forces and police forces
performing national defense and security tasks. The Minister of Labor - War
Invalids and Social Affairs shall prescribe requirements and procedures for
issuance, renewal, re-issuance, and revocation of operating certificate for
heavy-duty vehicles for tractor operators with driver license under Points d,
e, g, h, i, k, l, m, and n Clause 3 Article 89 hereof.
Article 63.
Training and examination for issuance of certificate of road traffic law
training to operators of heavy-duty vehicles
1. Certificate of road traffic law
training is a certificate issued to eligible individuals as per the law for the
operation of heavy-duty vehicles in road traffic.
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3. Training facilities for automobile
drivers and training facilities for heavy-duty vehicle operators eligible to
provide training for road traffic law must adhere to training format, contents,
program, organize examination, and issue certificate of road traffic law
training to individuals with satisfactory exam results.
4. The Minister of Transport shall
prescribe format, contents, and program of road traffic law training;
examination and procedures for issuance, re-issuance of certificate of road
traffic law training; eligibility of training facilities for heavy-duty vehicle
operators to provide training, organize examination, and issue certificate of
road traffic law training except for cases under Clause 5 of this Article.
5. The Minister of National Defense
and Minister of Public Security shall prescribe format, contents, and program
for road traffic law training; eligibility of training facilities for
heavy-duty vehicle operators to provide training, organize examination, and
issue certificate of road traffic law training to military forces and police
forces performing national defense and security tasks.
Article 64.
Working hour of automobile operators engaging in transportation service and
internal transportation
1. Automobile operators must not
drive more than 10 hours per day, 48 hours per week, and 4 hours per driving
session and must adhere to relevant regulations of the Labor Code.
2. Transport service providers,
internal transportation providers, and automobile operators engaging in
transportation service and internal transportation are responsible for
implementation of this Article.
Chapter V
PATROL AND CONTROL FOR ROAD TRAFFIC ORDER AND SAFETY
Article 65.
Patrol and control for road traffic order and safety
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a)
Assigning forces and vehicles for patrol and control duties;
b)
Inspecting, controlling road users and vehicles in traffic;
c)
Discovering, preventing, and taking actions against violations of the law
pertaining to road traffic order and safety and other violations.
2. Forms of patrol and control
include:
a) Patrol and control forces on
roads;
b) Systems, equipment, devices, and
data under Clauses 1, 2, 3, and 4 Article 67 hereof.
3. Patrol and control forces
include:
a) Traffic police forces;
b) Other forces and units in
people’s public security mobilized to cooperate with traffic police in patrol
and control activities when necessary on the basis of tasks and powers of
mobilized forces, decision of competent authority, and powers appropriate to
the tasks.
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a)
monitoring, acknowledging road user and vehicle situations; general road
traffic order and safety; order and safety on specific routes;
b)
exercising Point b and Point c Clause 1 of this Article;
c) guiding, popularizing, and
encouraging road users to comply with road traffic order and safety;
d)
assisting road users and vehicles when necessary;
dd) commanding and controlling road
traffic;
e) investigating and resolving road
traffic accidents as per the law;
g) preventing crimes on designated
routes, maintaining security and order as per the law; preventing terrorism,
protests, epidemic, natural disasters, fire; participating in rescue;
h) looking for difficulties in road
traffic, road traffic arrangement, causes for loss of road traffic order and
safety; notifying the authority or competent agency to recommend remediation
measures to competent authority;
i)
cooperating with road authority in detecting and preventing violations of the
law pertaining to road structure and safety corridor protection;
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5. Traffic police in the
performance of patrol and control duties have the power to:
a)
Pull over road vehicles in accordance with Article 66 hereof to inspect
compliance with road traffic rules; conditions of vehicles participating in
road traffic; conditions of vehicle operators participating in road traffic;
regulations on road traffic order and safety assurance in accordance with this
Law and other relevant law provisions.
b) impose penalties for
administrative violations pertaining to road traffic order and safety and other
violations as per the law;
c) mobilize civilians, equipment,
and vehicles in case of emergency; relocate vehicles violating stopping,
parking regulations in a manner that obstructs traffic or causes traffic
congestion or potentially causes road traffic accident in accordance with
Article 68 and Article 69 hereof;
d) operate and use systems,
equipment, vehicles, and data in accordance with Clauses 1, 2, 3, and 4 Article
67 hereof and weapons, combat gears in accordance with Article 70 hereof;
dd) exercise other powers in
accordance with the Law on People’s Public Security and other relevant law
provisions.
6. Patrol and control forces in the
performance of their duties must:
a) comply with regulations of the
law and patrol, control orders and plans of competent authority;
b) respect and protect legitimate
rights and benefits of agencies, organizations, and individuals;
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d) assume
responsibilities for their decisions and behaviors as per the law.
7. The
Minister of Public Security shall elaborate Point a and Point b Clause 1,
Clause 2, Point b Clause 3 of this Article; prescribe procedures for
patrolling, controlling, handling violations of the law pertaining to road
traffic order and safety of traffic police.
8. Military motorized vehicles,
military heavy-duty vehicles and operators thereof must comply with road
traffic inspection and control request of traffic police and internal order
inspection, law compliance inspection requests of military police and military
inspection vehicles. Inspection of internal order and compliance with the law
conducted by military police and military inspection vehicles shall conform to
regulations of Minister of National Defense.
Article 66.
Basis for pulling over road vehicles for inspection and control
Traffic police may pull over road
vehicles to conduct inspection and control when:
1. Violation
of the law pertaining to road traffic order and safety or other laws are found
or suspected;
2. Such
action is compliant with patrol, control orders and plans of competent
authority in order to detect violations of the law pertaining to road traffic
order and safety which can only be done by pulling vehicles over for
inspection;
3. Such
action serves national security, social order and safety, crime prevention,
natural disaster preparedness, fire prevention, firefighting, rescue, and
epidemic prevention;
4.
Agencies, organizations, and individuals submit information, reports,
recommendations, requests pertaining to crimes or other violations of the law.
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1. Operating and
using surveillance system serving road traffic security, order, and safety;
camera system on traffic routes in urban areas; structures and systems of
technical equipment for motorized vehicle load control and inspection.
2. Operating
professional technical equipment, devices, smart devices to assist road traffic
control and command.
3. Using data
extracted from tracking devices, devices capturing images of the drivers, and
data collected from vehicle load control structures.
4. Using
information on database on road traffic order and safety.
5. Making direct
observation, control, and comparison by people in charge.
6. Receiving and
processing reports, information, recommendation, data collected from technical
media, equipment of agencies, organizations, and individuals according to
regulations of the Government.
7. Adopting other
measures as per the law.
Article 68.
Mobilization of civilians, civil equipment and vehicles in case of emergency
1.
During the performance of road traffic patrol, command, control and
handling of road traffic accidents, for the purpose of emergency or protection
of national security or social order and safety assurance or prevention of
ongoing or potential damage to society, persons in command of the scene and
affiliated to traffic police may mobilize civilians, civil equipment and
vehicles and operators thereof.
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3. Mobilized agencies, organizations, and individuals
are responsible for complying with decisions and request of traffic police in
accordance with Clause 1 of this Article.
In case of emergency according to
Clause 1 of this Article, persons in command of the scene and affiliated to
traffic police may request foreign organizations, individuals to provide
assistance in accordance with Vietnam’s regulations of the law and
international treaties to which the Socialist Republic of Vietnam is a signatory.
Article 69.
Relocating vehicles violating stopping, parking regulations in a manner that
obstructs traffic or causes traffic congestion or potentially causes road
traffic accident
1.
Where road vehicles violate stopping, parking regulations in a manner
that obstructs traffic, causes traffic congestion, or potentially causes road
traffic accident and vehicle owners are either absent from the scene or do not
comply with request of traffic police, traffic police shall relocate the
offending vehicles from said stopping, parking positions.
Where relocation
is not feasible, traffic police may hire appropriate organizations and
individuals to relocate the vehicles.
2. Where vehicle
operators or owners obstruct the performance of duty or resist the relocation
of vehicles, traffic police shall adopt measures under Clause 1 Article 73
hereof; where such individuals continue to obstruct or resist, traffic police
may enforce implementation.
3. Vehicle
operators or owners must incur costs or rental fees for relocating their
vehicles.
4. During relocation process under
Clause 1 of this Article, traffic police and organizations, individuals hired
to relocate the vehicles must maintain safety for the relocated vehicles.
Article 70.
Furnishment and use of vehicles, equipment, weapons, and combat gears during
patrol and control
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2. Forces under Clause 1 of this
Article are allowed to use equipped weapons and combat gears in accordance with
regulations of the law on management and use of weapons, explosive materials,
and combat gears; use road vehicles, professional technical means and
equipment, smart equipment to assist traffic control and command in accordance
with regulations of Minister of Public Security; use data storage devices
provided by organizations and individuals to analyze, evaluate, predict road
traffic order and safety, detect violations of the law pertaining to road order
and safety and other violations as per the law.
3. Equipped
weapons and combat gears are subject to management under regulations of the law
on management and use of weapons, explosive materials and combat gears;
professional technical instruments and equipment, smart equipment for assisting
traffic control and command are subject to management under this Law,
regulations of the law on administrative penalties, and other relevant law
provisions.
Article 71.
Monitoring system for road traffic security, order, and safety; management
system for tracking devices and driver image capturing devices; system of
professional technical equipment for motorized vehicle load inspection
1. Monitoring
system for road traffic security, order, and safety is regulated as follows:
a) Monitoring system for road
traffic security, order, and safety is a system for collecting signals, data,
sound, images regarding trips made by road vehicles, traffic conditions, and
other relevant data which is developed and installed on roads in accordance
with national technical regulations for the purpose of monitoring road traffic
security, order, and safety; detecting violations of the law pertaining to road
traffic order and safety and other violations of the law;
b) The development, management,
operation, and use of monitoring system for road traffic security, order, and
safety must adhere to operating procedures, ensure continuous operation, and be
connected to traffic command center;
c) Data collected from monitoring
system for road traffic security, order, and safety must be managed as per the
law; compliant with requirements pertaining to private data protection,
protection of legitimate rights and benefits of individuals and organizations;
used to process violations of the law pertaining to road traffic order and
safety, other violations of the law, and facilitate state management
activities.
2. Management
system for tracking devices and driver image capturing devices records, stores,
and transmits information, data regarding trips of road vehicles and images of
drivers in order to serve road traffic security, order, and safety assurance,
impose penalties against violations of the law, facilitate state management of
road transport; is governed, operated, and used by traffic police forces; is
connected and shared with road authority and relevant agencies.
3. System
of professional technical equipment for motorized vehicle load inspection is
provided to traffic police forces to inspect, detect, and handle violations of
the law pertaining to road vehicle load.
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Article 72.
Rights and responsibilities of vehicle operators
1. Vehicle
operators have the right to:
a) operate road vehicles in
accordance with this Law;
b) be informed about the basis for
pulling over road vehicles for inspection and control; inspection and control
details, results; violations and actions to be taken;
c) file presentation, complaint,
and lawsuits against administrative decisions, actions relating to their
legitimate rights and benefits as per the law;
b) denounce violations of the law
in patrol and control activities pertaining to road traffic order and safety as
per denunciation laws;
dd) denounce, report, and publicize
violations of the law.
2. Vehicle
operators have the responsibility to:
a) comply with regulations on road
traffic order and safety;
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c) assist and cooperate with road
traffic order and safety forces in the process of detecting, preventing, and
taking actions against violations of the law regarding road traffic order and
safety and other violations of the law.
Article
73. Preventing non-compliance with inspection and control request, obstruction
or resisting of law enforcers
1. Where road
vehicles fail to comply with inspection and control request or obstruct, resist
law enforcers, law enforcers shall:
a) explain
non-compliance with inspection, control request and obstruction, resisting of
law enforcers to offenders; rights and responsibilities of offenders; persuade
and request offenders to immediately cease the offence and comply with
inspection and control request;
b) adopt interceptive measures as per the law where
offenders obstruct, refuse to comply with inspection, control request of law
enforcers;
c) where offenders
resist law enforcers, depending on the situation, nature and severity of the
offence, law enforcers may use physical force, combat gears, or weapons as per
the law to stop the offence or for justifiable self-defense.
2. Where vehicle operators fail to comply with
pull-over signals or commands and run away, law enforcers may pursue and impose
penalties.
Chapter VI
ROAD TRAFFIC COMMAND AND CONTROL FOR ROAD TRAFFIC
ORDER AND SAFETY
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1. Road traffic command means a
combination of collection, analysis, and evaluation of relevant factors to come
up with orderly, safe, coherent road traffic solutions implemented by
individuals entitled to coordinate traffic; traffic control center; smart
traffic command and control equipment.
2. Road traffic control means road
traffic coordination to maintain order, safety, and coherence implemented via
traffic control personnel; notification and implementation of temporary traffic
arrangement solutions; management of operation of traffic lights, other road
signals, smart traffic command and control equipment.
3. The Minister of Public Security
shall elaborate this Article.
Article 75.
Traffic command center
1. Traffic command center consists
of technical infrastructures, technology systems and equipment, and database
under management and operation of traffic police forces.
2. Traffic command center is
responsible for collecting, storing, analyzing, processing data pertaining to
road traffic order and safety situation to accommodate road traffic control and
command, resolve road traffic accidents, patrol, control road traffic order and
safety; fight and prevent crime and other violations on road; provide
information pertaining to traffic conditions to road users; facilitate orderly,
safe, and coherent road traffic operation.
3. Traffic command center consists
of: national traffic command center, provincial-level, city-level traffic
command center.
4. Traffic command center are
connected to and share data with ministries, central departments, and the
following systems and databases:
a) Road traffic lights;
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c) Management system for tracking
devices and driver image capturing devices;
d) Camera system on public roads
and city roads;
dd) Smart traffic command and
control equipment; equipment serving road traffic control, patrol,
coordination, and settlement of road traffic accidents at the scene;
e) Management center of smart
traffic system;
g) Structure for motorized vehicle
load control, system of professional technical equipment for motorized vehicle
load inspection;
h) Other databases in accordance
with Clause 1 Article 7 hereof.
5. The Minister of Public Security
shall promulgate national technical regulation on traffic command center;
prescribe development, management, and operation of traffic command center.
Article 76.
Resolving irregular situations causing loss of road traffic order and safety
1. Irregular situations causing
loss of road traffic order and safety include: traffic congestion; traffic
accidents; damaged traffic infrastructures; natural disasters, fire, explosion
causing loss of road traffic safety; complicated situations pertaining to road
traffic security and order.
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3. Police authority and road
authority upon finding or receiving report pertaining to situations under
Clause 1 of this Article must, within their functions and tasks:
a) organize response forces at the
site of the situation to maintain on-site road traffic order and safety;
b) implement measures under Clause
2 Article 74 hereof;
c) promptly remediate damage to
road traffic infrastructures that cause loss of road traffic order and safety;
d) immediately inform competent
authority in case such action exceeds their capability, powers, functions, and
tasks;
dd) implement other measures as per
the law.
Article 77.
Road traffic order and safety assurance in temporary use of roadway and
pavement for other purposes
1. Roadway serves traffic purposes
whereas pavement serves pedestrians. Where temporary use of roadway or pavement
is required to accommodate political, cultural, sport activities and other
activities, agencies, organizations, and individuals wishing to temporarily use
roadway and payment must produce solutions for temporary use of roadway and pavement
approved by competent authority; agencies approving temporary use of roadway
and pavement must immediately inform traffic police authority.
2. Agencies, organizations, and
individuals temporarily using roadway and pavement must use roadway and payment
for the right purpose approved by competent authority; comply with request of
traffic police; maintain road traffic order and safety; restore roadway and
pavement to their previous conditions when they finish using the roadway and
pavement.
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a) develop and organize
implementation of solutions for road traffic order and safety;
b) notify and implement temporary
traffic arrangement solutions;
c) 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.
4. The Government shall elaborate
this Article.
Article 78.
Resolving traffic congestion
1. In the event of irregular
traffic congestion, traffic police must adopt solutions under Clause 3 Article
76 hereof.
2. In the event of traffic
congestion:
a) Traffic police authority shall
develop road traffic command and control solutions; impose penalties for
violations of the law pertaining to road traffic order and safety; request
competent authority to resolve and prevent traffic congestion;
b) Road authority shall take
charge, cooperate with relevant agencies, organizations, and individuals in
verifying causes of traffic congestion, adopting solutions within their powers
or requesting competent authority to resolve;
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Article 79.
Road traffic order and safety recommendations for road structures
1. Upon receiving report regarding
potential damage to road structures according to Clause 1 Article 76 hereof or
upon discovering potential safety loss of road structures or any irregularity
in traffic arrangement, traffic police have the responsibility to:
a) rectify within their powers or
request road authority, road management and use personnel to rectify in a
timely manner;
b) adopt road traffic control and
command solutions under Article 74 hereof or temporarily shutdown traffic of
specific routes if road traffic order and safety cannot be maintained.
2. Road authority and road
management and use personnel, within their tasks and powers, have the
responsibility to:
a) receive report, examine, and
rectify factors that potentially cause loss of safety in road traffic, report
rectification results to traffic police authority, organizations, and
individuals that issue the request;
b) assume responsibility for damage
that is caused as a result of failure to rectify, remediate factors that cause
loss of road traffic safety according to Point a of this Clause.
Chapter VII
RESOLVING ROAD TRAFFIC ACCIDENTS
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1. Vehicle operators causing
traffic accidents and individuals relevant to the accidents have the
responsibility to:
a) immediately stop vehicles,
establish danger warning, maintain the scene, assist accident victims, and
report to the nearest police authority, medical examination and treatment
establishments, or People’s Committees;
b) remain at the scene of accidents
until the police arrive unless they require emergency medical care or accident
victims require emergency medical care or they feel their lives and health are
being threatened in which case they must report to the nearest police authority
and People’s Committees;
c) provide identification
information of themselves, individuals related to the accidents, and relevant
information of the accidents for competent authority.
2. Individuals present at accident
scenes have the responsibility to:
a) provide assistance and medical
aid for accident victims;
b) notify the nearest police
authority, medical examination and treatment establishments, or People’s
Committees;
c) protect the accident scene;
d) protect property of accident
victims;
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3. Individuals under Clause 1 and
Clause 2 of this Article are allowed to use vehicles related to the accidents
to transport accident victims to emergency medical care only when there are no
other vehicles at the scene. In this case, the vehicles and victims must be
tracked and signs relating to the accidents must not be altered Where there are
human casualties, the scene must be preserved and the corpses must be covered.
4. Other vehicle operators moving
past the accident scenes are responsible for carrying wounded individuals to
receive emergency medical care. Priority vehicles and passenger vehicles
benefiting from privileges or diplomatic immunities are not required to comply
with this Clause.
Article 81.
Discovering, receiving, and processing report on road traffic accidents
1. Agencies, organizations, and
individuals, upon discovering road traffic accidents, must immediately report
to the nearest police authority, medical examination and treatment
establishments, and People’s Committees.
2. Police authority shall, upon
receiving report about traffic accidents, assign response forces to arrive at
the scene to implement solutions under Clause 3 Article 76 hereof and other
solutions to resolve traffic accidents as per the law.
3. Medical examination and
treatment establishments providing initial medical care to traffic accident
victims are responsible for reporting to the nearest police authority;
conducting tests for alcoholic contents, narcotic substance contents, or other
stimulant contents in blood of vehicle operators. Where medical examination and
treatment establishments are incapable of conducting tests, they must collect
blood samples, preserve, and transport blood samples to capable testing
facilities.
4. The nearest People's Committees
upon receiving report about traffic accidents must notify competent police
authority.
5. Insurance enterprises related to
individuals, vehicles, and property involved in traffic accidents upon
receiving report about traffic accidents must assign their personnel or
representatives to arrive at the scene to cooperate with entities resolving
traffic accidents.
6. The Minister of Public Security
shall elaborate Clause 2 of this Article.
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1. Police authority shall take
charge and cooperate with relevant agencies, organizations, and individuals in
mobilizing forces, equipment, and vehicles at the scene to provide rescue
efforts. Depending on the nature, severity, and consequences of traffic
accidents, police authority are responsible for reporting to competent
authority to mobilize forces and equipment to resolve traffic accidents when
necessary.
2. Medical examination and
treatment facilities must assign personnel and vehicles to stand by and
immediately arrive at the scene to provide emergency medical aid, transport,
provide emergency medical care after receiving report on traffic accidents;
provide assistance and medical care for traffic victims in all situations.
3. Insurance enterprises are
responsible for cooperating with police authority in allocating rescue vehicles
for vehicles involved in traffic accidents when necessary.
4. People’s Committees of communes
where traffic accidents occur and involve human casualties with unidentified
personal information and relatives or whose relatives cannot afford burial
procedures are responsible for burying the victims after receiving approval
from competent authority entitled to investigate, resolve traffic accidents.
5. Where vehicles carrying
dangerous goods are involved in traffic accidents, police authority in charge
of the accidents must immediately notify entities in charge of handling
hazardous chemicals, combustible and explosive materials; seal off the accident
scenes; reorganize traffic arrangement, and prevent other road users, vehicles
from entering the accident scenes.
Article 83.
Investigating and settling traffic accidents
1. Rules in investigating and
settling traffic accidents:
a) All accidents are investigated
and settled in a quick, timely, accurate, objective, and law-compliant manner;
b) Individuals causing traffic
accidents must, depending on severity and nature of the violation, be met with
administrative penalties or criminal prosecution and, if such violation causes
damage, pay compensation as per the law;
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d) Investigation and settlement of
traffic accidents must not be taken advantage of, exploited for infringement of
benefits of the Government or legitimate rights and benefits of organizations
and individuals;
dd) Where traffic accidents involve
personnel and vehicles of diplomatic representative missions, consular
missions, representative missions of international organizations in Vietnam,
investigation and settlement of such accidents shall conform to this law,
regulations on diplomatic privileges, immunity, and relevant international
treaties to which the Socialist Republic of Vietnam is a signatory.
2. Where traffic accidents involve
signs of criminal activity, investigation and settlement of such accidents
shall conform to criminal and criminal proceeding laws. Where traffic accidents
have not been identified to involve criminal activity, investigation and
settlement of traffic accidents consist of:
a) Checking for content of alcohol,
narcotic substances, other stimulants prohibited by the law in vehicle
operators involved in traffic accidents;
b) Examining accident scene,
vehicles, bodies, and road structures directly related to traffic accidents;
collecting information and data; identifying human and property casualties
caused by traffic accidents;
c) Suspending vehicles, items,
documents, license, practicing license of vehicle operators and vehicles;
d) Recording testimony of vehicle
operators, accident victims, witnesses, and other related individuals in
traffic accidents;
dd) Inspecting physical markings on
accident victims; examining conditions of vehicles and vehicle operators;
examining passengers, carried goods, and relevant documents;
e) Searching for vehicles, vehicle
operators causing accidents;
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h) Conducting other activities as
per the law.
3. Traffic accident conclusion must
identify the development, consequences, causes, faults, and conditions directly
related to the accidents; proposed handling of traffic accidents; proposed
rectification by agencies, organizations, and individuals where errors or
faults are found for the purpose of assuring road traffic order and safety.
4. The Minister of Public Security
shall prescribe procedures for investigating, settling traffic accidents of
traffic police.
Article 84.
Statistical recording of road traffic accident
1. Statistical information on
traffic accidents must be recorded in an accurate, adequate, and timely manner;
results of statistical information on traffic accidents serve research and
proposition of solutions for preventing traffic accidents.
2. Traffic police authority shall
take charge and cooperate in recording statistical information on traffic
accidents.
3. Medical
examination and treatment establishments shall provide statistical information
on traffic accident victims receiving medical examination and treatment at the
establishments to traffic police authority.
4. Investigating authority shall,
while settling traffic accidents, provide information, documents, and results
of investigation and settlement to competent traffic police authority for the
purpose of consolidating statistics on traffic accidents and developing
database on traffic accidents.
5. The Minister of Public Security
shall elaborate this Article.
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1. The Fund for traffic accident
damage reduction (hereinafter referred to as “Fund”) is a non-budget state fund
in central government-level for mobilizing social funding to reduce traffic
accident damage.
2. The Fund is established from the
following financial fundings:
a) Voluntary assistance, funding,
and contributions of domestic, foreign organizations and individuals;
b) Other funding sources as per the
law.
3. The Fund shall cover:
a) Assistance for traffic victims
and victims’ families; organizations, individuals providing assistance,
emergency medical care, and transport of traffic accident victims to emergency
medical care;
b) Assistance for organizations,
individuals communicating traffic accident damage reduction without being
funded by the Government.
4. Operating principles of the
Fund:
a) The Fund does not operate for
profit;
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c) The Fund only covers activities
under Clause 3 of this Article where state budget has not adequately covered
these activities.
5. The Government shall elaborate
Clause 2 and Clause 3 of this Article; prescribe the establishment, management,
and use of the Fund for traffic accident damage reduction.
Chapter VIII
STATE MANAGEMENT REGARDING ROAD TRAFFIC ORDER AND
SAFETY
Article 86.
Details of state management regarding road traffic order and safety
1. Developing, promulgating, and
implementing policies, strategies, programs, plans, schemes, and projects
pertaining to traffic order and safety.
2. Promulgating and implementing
legislative documents on road traffic order and safety.
3. Promulgating, communicating, and
educating road traffic order and safety laws.
4. Managing road vehicles.
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6. Patrolling, controlling, taking
actions against violations of road traffic order and safety laws.
7. Commanding and controlling road
traffic.
8. Investigating and settling
traffic accidents.
9. Researching, applying science
and technology in road traffic order and safety assurance.
10. Developing forces in charge of
road traffic order and safety; providing training, refresher training, and
advanced training for road traffic order and safety assurance.
11. Recording statistics,
consolidating, and developing database on road traffic order and safety.
12. Examining, inspecting, settling
complaints, denunciation regarding road traffic order and safety.
13. Implementing international
cooperation in road traffic order and safety.
Article 87.
Responsibility for state management regarding road traffic order and safety
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2. The Ministry of Public Security
shall act as liaison to assist the Government in implementing state management
regarding road traffic order and safety; develop formal, elite, and modern
traffic police capable of fulfilling road traffic order and safety tasks.
3. The Ministry of Transport shall
perform state management of driver license training, examination, and issuance;
technical safety and environmental protection standards of motorized vehicles,
heavy-duty vehicles, motorized vehicle parts and other management duties under
this Law; promulgate national technical regulation on children safety seat
under Clause 3 Article 10 hereof.
4. The Ministry of National Defense
shall perform state management regarding vehicles and operators under their
management.
5. The Ministry of Health shall
perform state management regarding health requirements of drivers, heavy-duty
vehicle operators in road traffic; identification of alcohol contents and
natural alcohol content in blood.
6. The Ministry of Science and
Technology shall promulgate national technical regulations on helmets worn by
motorbike, moped, motorized bicycle users.
7. Ministries, ministerial agencies
are, within their tasks and powers, responsible for cooperating with Ministry
of Public Security in performing state management regarding road traffic order
and safety.
8. People’s Committees of all
levels shall, within their tasks and powers, perform state management regarding
local traffic order and safety.
Chapter IX
IMPLEMENTATION
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1. This Law comes into force from
January 1 of 2025, except for cases under Clause 2 of this Article.
2. Clause 3 Article 10 hereof comes
into force from January 1 of 2026.
3. The Law on Road Traffic No.
23/2008/QH12 amended by the Law No. 35/2018/QH14 and the Law No. 44/2019/QH14
expires from the effective date hereof, except for Clauses 1, 2, 5, and 6
Article 89 hereof.
4. Resolution No. 73/2022/QH15 of
the National Assembly on pilot implementation of automobile license plate
auction expires from the effective date hereof, except for cases under Clause 7
Article 89 hereof.
Article 89.
Transition clauses
1. Driver license issued before the
effective date hereof shall remain valid until expiry specified on the license.
2. Driver license issued before the
effective date hereof that has not been replaced, re-issued in accordance with
this Law:
a) A1 license holders are eligible
to operate two-wheeled motorbikes of an engine size of 50 cm3 to less
than 175 cm3 or engine capacity from 4 kW to less than 14 kW;
b) A2 license
holders are eligible to operate two-wheeled motorbikes of an engine size of 175
cm3 or higher or engine capacity of 14 kW or higher and vehicles of
category A1 under Point a of this Clause;
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d) A4 license
holders are eligible to operate tractors of maximum authorised mass of up to
1.000 kg;
dd) B1 license
holders for automatic transmission vehicles who do not work as drivers are
eligible to operate automatic transmission passenger automobiles with a seating
capacity of up to 8 people (excluding the driver’s seat); trucks, including
specialized automatic transmission trucks with maximum authorised mass of less
than 3.500 kg;
e) B1 license
holders who do not work as drivers are eligible to operate passenger automobiles
of a seating capacity of up to 8 people (excluding the driver’s seat); trucks
and tractors with maximum authorised mass of less than 3.500 kg;
g) B2 license
holders who work as drivers are eligible to operate passenger automobiles of a
seating capacity of up to 8 people (excluding the driver’s seat); trucks and
tractors with maximum authorised mass of less than 3.500 kg;
h) C license
holders are eligible to operate trucks and tractors with maximum authorised
mass of 3.500 kg or higher and vehicles of category B1, B2 under Points dd, e,
and g of this Clause;
i) D license
holders are eligible to operate passenger automobiles of a seating capacity of
9 people (excluding the driver’s seat) to 29 people (excluding the driver’s
seat) and vehicles of category B1, B2, and C under Points dd, e, g, and h of
this Clause;
k) E license
holders are eligible to operate passenger automobiles of a seating capacity of
more than 29 people (excluding the driver’s seat) and vehicles of category B1,
B2, C, and D under Points dd, e, g, h, and i of this Clause;
l) FB2, FD license
holders are eligible to operate vehicles of category B2, D under Points g and i
of this Clause for the purpose of towing trailers; FC license holders are
eligible to operate vehicles of category C under Point h of this Clause for the
purpose of towing trailers and hauling units towing semi-trailers; FE license
holders are eligible to operate vehicles of category E under point k of this
Clause for the purpose of towing trailers or operating articulated passenger automobiles.
3. Where holders of license issued
before the effective date hereof apply for replacement or re-issuance of driver
license:
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b) A2 license holders may apply for
replacement, re-issuance of A license;
c) A3 license holders may apply for
replacement, re-issuance of B1 license;
d) A4 license holders may apply for
certificate of heavy-duty-vehicle operation where license holders operate
tractors of maximum authorised mass of 1.000 kg or certificate of road traffic
law where license holders operate heavy-duty vehicles;
dd) B1 license holders for
automatic transmission vehicles may apply for replacement, re-issuance of B
license for operation of automatic transmission automobiles;
e) B1, B2 license holders may apply
for replacement, re-issuance of B or C1 license and certificate of heavy-duty
vehicle operation for operation of tractors of maximum authorised mass of up to
3.500 kg;
g) C license holders retain or
apply for replacement, re-issuance of C license and certificate of heavy-duty
vehicle operation for operation of tractors of maximum authorised mass of more
than 3.500 kg;
h) D license holders may apply for
replacement, re-issuance of D2 license and certificate of heavy-duty vehicle
operation for operation of tractors of maximum authorised mass of more than
3.500 kg;
i) E license holders may apply for
replacement, re-issuance of D license and certificate of heavy-duty vehicle
operation for operation of tractors of maximum authorised mass of more than
3.500 kg;
k) FB2 license holders may apply
for replacement, re-issuance of BE or C1E license and certificate of heavy-duty
vehicle operation for operation of tractors of maximum authorised mass of up to
3.500 kg;
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m) FD license holders may apply for
replacement, re-issuance of D2E license and certificate of heavy-duty vehicle
operation for operation of tractors of maximum authorised mass of more than
3.500 kg;
n) FE license holders may apply for
replacement, re-issuance of DE license and certificate of heavy-duty vehicle
operation for operation of tractors of maximum authorised mass of more than
3.500 kg.
4. Driving learners who have
received driving training before the effective date hereof or are receiving
driving training on the effective date hereof and have not participated in
driving examination for driver license issuance will be eligible for driving
examination and driver license in accordance with category of replaced or
re-issued driver license under Clause 3 of this Article.
5. Certificate of vehicle and
license plate registration for heavy-duty vehicles issued before the effective
date hereof remain valid.
6. Certificate of technical safety
and environmental protection issued before the effective date hereof remain
valid until the expiry date specified on the certificate.
7. In respect of auction of automobile
license plate conducted before the effective date hereof, where documents
verifying the license plates won through auction are issued before the
effective date hereof, Resolution No. 73/2022/QH15 of the National Assembly on
pilot implementation of automobile license plate auction will apply; where
documents verifying the license plates won through auction have not been issued
as of the effective date hereof, Resolution No. 73/2022/QH15 of the National
Assembly on pilot implementation of automobile license plate auction and Point
d Clause 1 Article 38 hereof will apply./.
This Law is approved by the 15th
National Assembly of the Socialist Republic of Vietnam in the 7th
meeting on June 27 of 2024.
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CHAIRPERSON
OF NATIONAL ASSEMBLY
Tran Thanh Man