Chương III: Phương tiện tham gia giao thông đường bộ

Chapter III

VEHICLES IN ROAD TRAFFIC

Article 34. Vehicle classification

1. Motorized vehicles consist of:

a) Motor vehicles 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; motor vehicles 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 motor vehicles 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;

h) Vehicles similar to those under this Clause.

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;

b) Agriculture and forestry vehicles;

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 :

a) They are issued vehicle registration certificate and license plate as per the law;

b) They meet technical safety and environmental protection requirements as per the law.

2. Motor vehicles used in transportation services must be outfitted with tracking devices. Passenger motor vehicles 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:

a) License plate of blue background and white lettering is issued to vehicles of agencies affiliated to Communist Party, the Government, socio-poetical organizations, and public service providers;

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:

a) License plate is issued and managed under identification code of vehicle owners that are individuals and organizations; where an organization has not been issued with identification code, license plate is managed under tax identification number, decision on establishment, or equivalent documents;

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 motor vehicles, 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 motor vehicle 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.

6. Revenues generated from the auction of license plates less auction arrangement costs, advertising costs, and auctioning system administration costs will be submitted to central government budget in accordance with state budget laws.

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:

a) submit the winning bid in its entirety within 30 days from the date on which notice on auction winning is issued; winning bid does not include vehicle registration and license issuance fees. Where the winners fail to submit the winning bid within the time limit, the concerned 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 of the deposit, amounts that they have paid and are forbidden from participating in license plate auction for 12 months from the date on which notice on auction winning is issued;

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:

a) Certificate of vehicle and license plate registration revocation; certificate of vehicle registration revocation in case of transfer, trade, gift, bequeathment of vehicle associated to license plates won through auction;

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:

a) Where certificate of technical safety and environmental protection and factory release inspection record have been issued to motorized vehicles and heavy-duty vehicles to facilitate transportation from factories to storage units, ports or from storage units, ports, factories, sale agencies to vehicle registration locations, other sale agencies, or storage units;

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.

7. The Minister of Public Security shall stipulate procedures for issuance, revocation of certificate of vehicle, license plate registration for motorized vehicles and heavy-duty vehicles in road traffic, except for cases under Clause 8 of this Article.

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 motor vehicle with at least 9 people in seating capacity (excluding the driver) or a specialized passenger motor vehicle is modified into a goods transport motor vehicle (including specialized goods transport motor vehicle); 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 motor vehicles that are:

a) Passengers motorbikes, mopeds, motor vehicles with up to 8 people in seating capacity (excluding the driver), specialized motor vehicles, trailers, semi-trailers;

b) Motorized vehicles of the military, police forces serving national defense and security.

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.

3. Certification of technical safety and environmental protection of motorized vehicles, heavy-duty vehicles, and motorized vehicle parts in import, manufacturing, and assembly will be carried out by inspection personnel and certified by competent authority. Inspection personnel are individuals to whom certificate of certification and inspection of motorized vehicles and heavy-duty vehicles is issued.

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.

4. Technical safety and environmental protection inspection of motorized vehicles and heavy-duty vehicles will be implemented by inspection personnel of registration and inspection facilities; certificate of technical safety and environmental protection will be issued by registration and inspection facilities.

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.

6. The Minister of National Defense and Minister of Public Security shall prescribe procedures for conducting technical safety and environmental protection inspection for motorized vehicles and heavy-duty vehicles, certifying technical safety and environmental protection for modified motorized vehicles and heavy-duty vehicles under management of Ministry of National Defense and Ministry of Public Security.

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.

Article 44. Road traffic order and security assurance for road vehicles in cities

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 motor vehicles 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 motor vehicles

1. Passenger transportation using motor vehicles 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;

c) Keep passengers off from the roof, cargo space, or hanging on the outside of the vehicles;

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 motor vehicles 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;

e) cooperating in performing other tasks at request of police authority in interest of national security and social order and safety;

g) exercising other road traffic rules under Chapter II hereof.

Article 46. Road traffic order and safety assurance for motor vehicles transporting preschool children and students

1. Motor vehicles 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 motor vehicles 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 motor vehicle 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 motor vehicles 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.

6. Vehicles transporting preschool children and students are prioritized in traffic command and control, arrangement of parking, stopping positions in schools’ vicinity and areas along transport route.

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.

Article 48. Road traffic order and safety assurance for four-wheeled motorized vehicles for passenger and goods transportation

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 motor vehicles

1. When transporting goods using motor vehicles, drivers must:

a) carry adequate documents as per the law;

b) inspect vehicle safety conditions prior to participation in road traffic;

c) inspect safe goods arrangement; compliance with passenger, luggage, goods limit;

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 motor vehicles 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.

2. In order to transport raw food:

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. Motor vehicles 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.

Article 52. Road traffic order and safety assurance for oversized, overload vehicles and tracked vehicles operating on road

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;

b) Oversized, overload vehicles are used in road traffic to carry goods for the purpose of: national defense and security tasks; natural disaster remediation; emergency duty performance; transportation of oversized, overload goods when other railway, inland waterway, airway, maritime transportation modes are not appropriate or when road transport must be incorporated with other modes of transport;

c) Vehicles are operated at an oversized state to carry passenger motor vehicles of a seating capacity of up to 8 people (excluding the driver’s seat), trucks and specialized motor vehicles 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.

6. Oversized vehicles, overload vehicles, and tracked vehicles are only allowed for road operation after respective operating permit has been issued and protective measures under Clause 4 of this Article have been implemented.

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, motor vehicles 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.

6. Traffic police forces are responsible for organizing patrols, controlling, and handing violations of the law pertaining to road traffic order and safety for motor vehicles carrying overload or oversized goods in road traffic.

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 motor vehicles 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 motor vehicles of foreigners registered overseas and engaging in Vietnamese traffic; foreign motorized vehicles brought into Vietnam by foreigners for tourism purposes

1. Right-hand drive motor vehicles 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 motor vehicles 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 motor vehicles 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:

a) Operation of such vehicles must adhere to Vietnam’s regulations on road traffic order and safety. Where international treaties to which the Socialist Republic of Vietnam is a signatory, such international treaties will prevail;

b) Such vehicles must participate in traffic within the scope, route, and time licensed by Vietnamese authority;

c) Right-hand drive motor vehicles 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.