Luật trật tự, an toàn giao thông đường bộ 2024

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 7^th meeting on June 27 of 2024.

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CHAIRPERSON OF NATIONAL ASSEMBLY




Tran Thanh Man