Chương I Nghị định 100/2019/NĐ-CP: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope

1. This Decree deals with administrative violations, penalties, fines, remedial measures, the power to impose penalties and fines for road traffic offences and rail transport offences.

2. Other Decrees on administrative penalties for corresponding violations shall apply to administrative violations pertaining road traffic and rail transport that are not regulated by this Decree.

Article 2. Regulated entities

1. Organizations and individuals that commit road traffic offences and rail transport offences within the territory of Socialist Republic of Vietnam.

2. Organizations prescribed in Clause 1 of this Article include:

a) Regulatory agencies committing violations that are not related to assigned state management tasks;

b) People’s armed forces;

c) Public service providers;

d) Agencies of the Communist Party of Vietnam;

dd) Socio-political organizations, socio-political-professional organizations, social organizations and socio-professional organizations;

e) Economic organizations established under Law on Enterprises include: Sole proprietorships, joint-stock companies, limited liability companies, partnerships and entities affiliated to enterprises (branch offices, representative offices);

g) Economic organizations established under Cooperative Law include: Cooperatives and unions of cooperatives;  

h) Organizations established under Law on Investment include: Domestic investors, foreign investors and foreign invested economic organizations; branch offices and representative offices of foreign traders and enterprises in Vietnam; representative offices of foreign trade promotion organizations in Vietnam;

i) Other organizations established as per the law.

3. Household businesses, households and artels committing administrative offences specified in this Decree shall be sanctioned similar to individual offenders.

4. Competent individuals capable of making records, imposing administrative penalties and organizations and individuals relating to imposing administrative according to this Decree. 

Article 3. Term interpretation

In this Decree, terms below are construed as follows:

1. Road traffic:

a) “Tractor-trailer” means a motor vehicle with a steering wheel that tows a trailer (which can be detached from the tractor);

b) “Car-like vehicle” means a motor vehicle that has two axles and four or more wheels, an engine and cargo bed (if any) of which are on the same chassis (including electricity-powered 4-wheel vehicles);

c) “Motorcycle-like vehicle” means a motor vehicle that has two or three wheels with a cylinder capacity of 50 cm³ or higher, maximum speed over 50 km/h and net weight not exceeding 400 kg;

d) “Electric motorcycle” means a two-wheel vehicle operated by an electric engine with power not exceeding 4 kW and maximum speed not exceeding 50 km/h;

dd) “Moped” means a motor vehicle operated by an engine, having two or three wheels with a maximum speed not exceeding 50 km/h, except those specified in Point e of this Clause;

e) “Motored bicycle” means a two-wheel bicycle that is equipped with an engine with a maximum speed not exceeding 25 km/h. A motor bicycle is still operational with its engine off.

2. Rail transport:

a) “Humps” are a system serving railway shunting. When the consist is shoved by a locomotive to the top of the hump where the coaches shall be detached and propelled by gravity to various tracks in the classification yard;

b) “Kicking” means a method where momentum of the consist is used to propel the coaches to various tracks in the classification yard;

c) “Dropping” means a method where potential energy of the classification track is used to propel the coaches to various tracks in the classification yard;

d) “Detachment” means a method where a group of coaches is detached while the consist is moving;

dd) “Signaling code” means the regulations on orders, signals and proper responses to such orders and signals;

e) “Warnings” are written notifications to railway workers that directly serve the train operation of unusual conditions of the railway infrastructure, the railway vehicles, and other cases, specifying measures for ensuring train operation safety;

g) “Railway clearance” means the space along the railway line that ensures the train is not struck against while running;

h) “Crossing length” means the length of the part of road that crosses the railway line and lies between two barriers, or the distance between two outer rails of the bridge plus (+) 06 meters to both sides if no barriers are available;

i) “Length of the road-rail bridge” means the distance between two barriers, or the distance between two abutments of the bridge plus (+) 10 meters to both sides if no barriers are available.

Article 4. Remedial measures and implementation principles

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

a) Enforced restoration to original conditions prior to the violations;

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

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

d) Enforce re-export of transports from Vietnam;

dd) Enforced return of the illegal profits generated by the violation;

e) Other remedial measures specified in Clause 2 and Clause 3 of this Article.

2. Other remedial measures in road traffic:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

3. Other remedial measures in rail transport:

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

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

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

d) Enforced removal from railway, railway bridges and tunnels;

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

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

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

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

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

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

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

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

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

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

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

q) Enforced adequate installation as per the law, replacement with equipment satisfactory to technical safety standards or restoration of technical attributes of equipment such as: automatic and manual train stop; emergency brake and pressure gauges (at working station of conductors and on passenger cars); devices attaching locomotives and cars; end of train devices; speedometers, devices recording speed and information relating to train operation (black boxes); alerter devices to keep train operators awake; speed measuring devices, devices enabling communication between conductors and operators (at working station of conductors);   

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

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

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

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

v) Enforced revocation and disposal of specialized license and certificates illegally issued;

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

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

4. The rules for taking remedial measures are specified in Clause 2 Article 28 of the Law on Penalties for administrative violations.