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GOVERNMENT OF VIETNAM |
THE SOCIALIST REPUBLIC OF VIETNAM |
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No: 336/2025/ND-CP |
Hanoi, December 22, 2025 |
ON ADMINISTRATIVE PENALTIES IN ROAD OPERATIONS
Pursuant to the Law on Government Organization No. 63/2025/QH15;
Pursuant to the Law on Local Government Organization No. 72/2025/QH15;
Pursuant to the Law on Penalties for Administrative Violations No. 15/2012/QH13 amended by Law No. 54/2014/QH13, Law No. 18/2017/QH14, Law No. 67/2020/QH14, Law No. 09/2022/QH15, Law No. 11/2022/QH15, Law No. 56/2022/QH15, and Law No. 88/2025/QH15;
Pursuant to the Law on Road No. 35/2024/QH15;
At the request of the Ministry of Construction;
The Government hereby issues a Decree on administrative penalties in road operations.
1. This Decree regulates administrative violations; ended or in-progress administrative violations; penalties, fines, remedial measures for each administrative violation; entities subject to penalties; authority for imposing penalties and fines according to each title; authority for making records of administrative violations; execution of administrative penalties and remedial measures for violations against regulations on road operations in road traffic.
2. Other Decrees on administrative penalties for corresponding violations shall apply to administrative violations against regulations on road operations and other administrative violations against regulations on state management related to road operations that are not provided for in this Decree.
Article 2. Entities subject to penalties
1. Organizations and individuals that commit violations against regulations on road operations within the territory of Socialist Republic of Vietnam.
2. Organizations prescribed in Clauses 1 and 2 of this Article include:
a) State authorities committing violations that are not related to assigned state management tasks;
b) Public service providers;
c) Socio-political organizations, socio-political-professional organizations, social organizations and socio-professional organizations;
d) Business organization established under Law on Enterprises include: sole proprietorships, joint-stock companies, limited liability companies, partnerships and entities affiliated to enterprises (branches, representative offices);
dd) Business organizations established under Cooperative Law include: artels, cooperatives and unions of cooperatives;
e) Foreign agencies and organizations permitted by competent Vietnamese authorities to operate in the territory of Vietnam except in cases where international treaties to which the Socialist Republic of Vietnam is a signatory provide otherwise;
g) Other organizations established under the law.
3. Households and household businesses that commit administrative violations specified herein shall be subject to the penalties similar to individual violators.
Article 3. Fine levels, forms of administrative penalties, remedial measures, and rules for application.
1. The maximum fine for violations against regulations on road operations in road traffic is VND 75.000.000 for individuals and VND 150.000.000 for organizations.
2. Main penalties:
a) Warning;
b) Fines.
3. Additional penalties:
a) Suspension of the training program;
b) Suspension of construction;
c) Suspension of badges issued to automobiles engaging in the transport business;
d) Suspension of transport business licenses.
4. Remedial measures:
a) Enforced restoration of the initial state altered by administrative violations.
b) Enforced demolition of the work or part of the work built that is not licensed or built against the license;
c) Enforced return of the illegal profits earned from commission of the administrative violations;
d) Enforced removal of objects attached, hung, or installed on road signaling works; enforced relocation of trees that obstruct the view of vehicle operators or road signs;
dd) Enforced removal of waste, means, supplies, materials, dirt, rock, machinery, equipment, banners, signs, billboards, and other objects and obstacles;
e) Enforced supplement, repair of missing lost or damaged road signs; repair of damaged road infrastructure;
g) Enforced posting of complete and accurate information as prescribed.
5. The rules for applying remedial measures shall comply with Clause 2 of Article 28 of the Law on Penalties for Administrative Violations.
6. Where the same violator commits various violations with the same nature and with similar descriptions as specified herein, the following penalties shall imposed:
a) For violations against regulations specified in point a of clause 2 of Article 11 and the corresponding violations specified in point d of clause 4 of Article 12, if the transport service provider is a household business whose head is the person directly operating the vehicle, the penalty imposed on individual violators as stipulated in point d of clause 4 of Article 12 shall be imposed;
b) For violations against regulations specified in points b and c of clause 2 of Article 11 and the corresponding violations specified in point dd of clause 4 of Article 12, if the transport service provider is a household business whose head is the person directly operating the vehicle, the penalty imposed on individual violators as stipulated in point dd of clause 4 of Article 12 shall be imposed.
Article 4. Ended or in-progress administrative violations
1. Administrative violations that have ended or are being committed shall be determined in accordance with laws on penalties for administrative violations to calculate the prescriptive periods for imposition of administrative penalties.
2. For violations detected through professional technical means and equipment or technical equipment and devices provided by organizations and individuals: the end time of acts of administrative violations shall be from when the mentioned equipment and devices record the acts of administrative violations.
VIOLATIONS, FORMS, FINES AND REMEDIAL MEASURES FOR ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON ROAD OPERATIONS
Section 1. VIOLATIONS AGAINST REGULATIONS ON ROAD INFRASTRUCTURE
Article 5. Penalties for violations against regulations on use and operation of land reserved for road infrastructure
1. A fine ranging from VND 500.000 to VND 1.000.000 shall be imposed on individuals, and VND 1.000.000 to VND 2.000.000 shall be imposed on organizations, for act of planting trees within the road safety corridor that obstruct the view of vehicle operators or cover road signs, except for violations specified in point c of Clause 4 of this Article.
2. A fine ranging from VND 1.000.000 to VND 2.000.000 shall be imposed on individuals, and from VND 2.000.000 to VND 4.000.000 shall be imposed on organizations for committing one of the following violations:
a) Illegally erecting entrance gates within land reserved for road infrastructure affecting road traffic safety;
b) Illegally hanging banners within the land of road affecting road traffic safety;
c) Installing or hanging signs, billboards on land of road at road sections outside of urban areas except for act of placing signs or billboards in roadway and except for violations under point a of Clause 5 of this Article;
d) Dumping trash and waste on roads outside designated places, except for violations under point a of Clause 4 of this Article.
3. A fine ranging from VND 3.000.000 to VND 5.000.000 shall be imposed on individuals, and from VND 6.000.000 to VND 10.000.000 shall be imposed on organizations for acts of illegally erecting booths, tents, gates, fences, walls, or other types of works within the land area for road infrastructure, except violations under point d of Clause 4; point a of Clause 5; points a, b, d of Clause 6 of this Article.
4. A fine ranging from VND 4.000.000 to VND 6.000.000 shall be imposed on individuals, and from VND 8.000.000 to VND 10.000.000 shall be imposed on organizations for committing one of the following violations:
a) Dumping, placing materials or wastes within the road safety corridor;
b) Digging, leveling, filling ground within land reserved for road infrastructure;
c) Attaching, hanging, installing, or placing irrelevant content on/to road signaling works, falsifying or deactivating road signs;
d) Illegally erecting tents or other works in urban areas at road tunnels, flyovers, pedestrian tunnels, under flyovers, except violations under point a of Clause 6 of this Article;
dd) Failing to provide proper drainage or obstructing, blocking drainage systems from structures belonging to road infrastructure as prescribed;
e) Demolishing billboards or parts of billboards, which affects road infrastructure.
5. A fine ranging from VND 10.000.000 to VND 15.000.000 shall be imposed on individuals, and from VND 20.000.000 to VND 30.000.000 shall be imposed on organizations for committing one of the following violations:
a) Constructing or installing billboards within the road safety corridor without written approval as prescribed, except violations under point d of Clause 6 of this Article;
b) Failing to dismantle billboards or parts thereof when requested by road authorities or road management and use personnel;
c) Failing to remove or close temporary connection points after the expiration of the temporary connection period;
d) Failing to restore the initial condition of the road safety corridor; failing to repair or supplement road infrastructure affected by temporary connection.
6. A fine ranging from VND 15.000.000 to VND 20.000.000 shall be imposed on individuals, and from VND 30.000.000 to VND 40.000.000 shall be imposed on organizations for committing one of the following violations:
a) Occupying land of road or land for the road safety corridor to construct housing;
b) Illegally connecting to main or side roads;
c) Illegally dismantling, moving, or altering road works;
d) Constructing or installing billboards within the highway safety corridor;
7. In addition to fines, violators shall also be subject to the following remedial measures:
a) Enforced removal of objects attached, hung, or installed on road signal works; enforced relocation of trees that obstruct the view of vehicle operators or road signs for acts specified in clause 1 of this Article;
b) Enforced demolition of the work or part of the work built that is not licensed and enforced restoration of the initial state altered by administrative violations for acts specified in point a of clause 2 of this Article;
c) Enforced removal of banners, signs, billboards for acts specified in points b and c of clause 2 of this Article;
d) Enforced removal of trash, waste, materials for acts specified in point d of clause 2, point a of clause 4 of this Article;
dd) Enforced demolition of the work or part of the work built that is not licensed or built against the license and enforced restoration of the initial state altered by administrative violations for acts specified in Clause 3, Point d of Clause 4; Point a of Clause 5; Points a, b, and d of Clause 6 of this Article;
e) Enforced restoration of the initial state altered by administrative violations for acts specified in point b of clause 4; and point c of clause 6 of this Article;
e) Enforced removal of objects attached, hung, or installed on road signaling works and enforced restoration of the initial state altered by administrative violations for acts specified in point c of clause 4 of Article;
Article 6. Penalties for violations against regulations on management, operation, use, and maintenance of technical infrastructure works shared with roads
1. A fine ranging from VND 6.000.000 to VND 10.000.000 shall be imposed on individuals, and from VND 12.000.000 to VND 20.000.000 shall be imposed on organizations for failing to arrange identification signs for owned infrastructure works when installing them into technical infrastructure works shared with roads.
2. A fine ranging from VND 10.000.000 to VND 15.000.000 shall be imposed on individuals, and from VND 20.000.000 to VND 30.000.000 shall be imposed on organizations for committing one of the following violations:
a) Managing, operating, using, and maintaining infrastructure shared with roads in a manner that affects the safety of road infrastructure, road traffic safety, or obstructs the operation, use, and maintenance of road infrastructure;
b) Failing to relocate or dismantle shared technical infrastructure works or works installed within shared technical infrastructure facilities when requested by the road infrastructure management and use personnel for the purpose of investing in, constructing, upgrading, expanding, and maintaining the road infrastructure.
Section 2. VIOLATIONS AGAINST REGULATIONS ON TRAINING OF EVALUATION PERSONNEL, BUSINESS CONDITIONS FOR ROAD TRAFFIC SAFETY INSPECTION SERVICES; MANAGEMENT, OPERATION, USE, AND MAINTENANCE OF ROAD INFRASTRUCTURE
Article 7. Violations against regulations on training of inspectors, business conditions for road traffic safety inspection services
1. A fine ranging from VND 4.000.000 to VND 6.000.000 shall be imposed on road traffic safety inspector training institutions for one of the following violations:
a) Failing to install sufficient audio-visual equipment as prescribed;
b) Failing to install sufficient computers or devices to measure the reflectivity of road signs as prescribed;
c) Lacking the required number of full-time lecturers as prescribed;
d) Using lecturers who do not satisfy the prescribed standards.
2. A fine ranging from VND 8.000.000 to VND 10.000.000 shall be imposed on road traffic safety inspector training institutions for one of the following violations:
a) Enrolling or training students who do not satisfy the qualification standards as prescribed;
b) Failing to notify the training plan and list of students before opening classes as prescribed;
c) Provide training for road traffic safety inspectors outside the announced framework program or training plan as prescribed;
d) Recognizing exam results for persons who did not attend the exam or the training course for road traffic safety inspectors;
dd) Failing to establish the examination council or establishing the examination council against the law;
e) Failing to store and preserve student dossier as prescribed, except for cases in point g of this clause;
g) Failing to prepare, store, or preserve training-related documents as required.
3. A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed on road traffic safety inspection service providers for one of the following violations:
a) Failing to be distinct from construction entities and design counseling organizations as prescribed;
b) Using individuals who do not possess a road traffic safety inspector certificate, or whose certificate is no longer valid, to conduct road traffic safety inspections;
c) Failing to meet the capacity requirements during the review process for Group-C projects and road works in operation as prescribed.
4. A fine ranging from VND 30.000.000 to VND 40.000.000 shall be imposed on road traffic safety inspection service providers for failing to satisfy competency requirements when inspecting national important projects or group-A or B projects as prescribed.
5. In addition to fines, violators shall also be subject to the following additional penalties:
a) Road traffic safety inspector training institutions committing violations under Clause 1, points a and b of Clause 2 of this Article shall be suspended from organizing training for 01 to 03 months;
a) Road traffic safety inspection service providers committing violations under Clauses 3 and 4 shall be suspended from provision of road traffic safety inspection services for 01 to 03 months.;
Article 8. Penalties for violations against regulations on construction within safety perimeter of road infrastructure
1. A fine ranging from VND 1.000.000 to VND 3.000.000 shall be imposed on individuals, and from VND 2.000.000 to VND 6.000.000 shall be imposed on organizations for committing one of the following violations:
a) Constructing on roads in operation without installing warning devices on construction means and machinery;
b) Failing to submit traffic safety and work safety measures (traffic arrangement measures) before construction on a road in operation to the road authority in cases the construction does not require construction permit.
2. A fine ranging from VND 3.000.000 to VND 5.000.000 shall be imposed on individuals, and from VND 6.000.000 to VND 10.000.000 shall be imposed on organizations for committing one of the following violations:
a) Constructing works within land reserved for road infrastructure without implementing traffic arrangement measures specified in the construction permit or approval document from the competent authority, except for violations in Clause 1 and points b, c of this clause, points a, b of Clause 3, points a, b, d of Clause 4, points a, b, c of Clause 5 of this Article;
b) Leaving materials, dirt, rock, or construction means outside the construction area obstructing traffic;
c) Failing to promptly remove traffic signs, barriers, construction means, construction materials on land of road or in the road safety corridor to restore original conditions after construction.
3. A fine ranging from VND 5.000.000 to VND 7.000.000 shall be imposed on individuals, and from VND 10.000.000 to VND 14.000.000 shall be imposed on organizations for committing one of the following violations:
a) Constructing work on a road in operation without proper traffic arrangement measures, causing traffic congestion;
b) Failing to arrange traffic warning and guidance personnel during work construction on a road in operation;
c) Constructing works within land reserved for road infrastructure with an expired construction permit or approval document.
4. A fine ranging from VND 7.000.000 to VND 10.000.000 shall be imposed on individuals, and from VND 14.000.000 to VND 20.000.000 shall be imposed on organizations for committing one of the following violations:
a) Construction on a road in operation without placing traffic warning lights and nighttime lighting;
b) Construction on a road in operation with incomplete temporary traffic signs or barriers compared to those specified in the construction permit or approval document, except violations in point c of Clause 5 of this Article;
c) Construction within land reserved for road infrastructure without construction permits or approval documents from competent authorities as prescribed;
b) Construction on a road in operation not complying with the construction permit, causing damage or destruction to the road works in operation.
5. A fine ranging from VND 10.000.000 to VND 15.000.000 shall be imposed on individuals, and from VND 20.000.000 to VND 30.000.000 shall be imposed on organizations for committing one of the following violations:
a) Construction on urban road not complying with permitted construction times in the construction permit or approval document;
b) Construction on an road in operation without proper traffic arrangement measures, causing traffic accidents;
c) Construction on a road in operation without temporary traffic signs or barriers as specified in the construction permit or approval document of the competent authority;
d) Failure to relocate works upon request by competent road authorities, road management and use personnel as prescribed;
dd) Failure to relocate works affecting road traffic safety or road works safety without remedial measures;
e) Failure to hand over the completed work, work completion documents, and maintenance procedures after road construction for supplement;
g) Failure to return or returning affected road infrastructure that does not satisfy prescribed standards.
6. A fine ranging from VND 15.000.000 to VND 20.000.000 shall be imposed on individuals and from VND 30.000.000 to VND 40.000.000 shall be imposed on organizations for failing to construct road works to supplement or replace the affected work, or failing to reimburse the costs of constructing the replacing section as prescribed.
7. In addition to fines, individuals or organizations committing violations under point a of Clause 3; points b, c of Clause 5 of this Article shall be suspended from construction activities for 04 to 10 days.
8. In addition to fines, violators shall also be subject to the following remedial measures:
dd) Enforced removal of means, supplies, materials, dirt, rock, goods, machinery, equipment, and other objects and obstacles for violations under points b, c of Clause 2 of this Article;
b) Enforced demolition of the work or part of the work built that is not licensed or built against the license and enforced restoration of the initial state altered by administrative violations for violations under points c, d of Clause 4 of this Article;
Article 9. Penalties for violations against regulations on management, use, maintenance, and protection of road infrastructure
1. A warning or a fine ranging from VND 100.000 to VND 200.000 shall be imposed on individuals for committing one of the following violations:
a) Herding animals at the road slopes;
b) Tying animals to traffic cones, signs, barriers, or auxiliary work of road infrastructure.
2. A fine ranging from VND 300.000 to VND 400.000 shall be imposed on individuals, and from VND 600.000 to VND 800.000 shall be imposed on organizations for committing one of the following violations:
a) Setting fire on a bridge or under a bridge without permission; mooring boats or ships under bridges or within the safety corridor of bridges without permission;
b) Illegally embanking and pumping water onto the roadway; placing pipes across the road to pump water or sand, setting fire of public roads without permission.
3. A fine ranging from VND 6.000.000 to VND 8.000.000 shall be imposed on organizations assigned to manage, exploit, and maintain road traffic infrastructure for committing one of the following violations:
a) Failing to timely supplement or repair lost, damaged, or deactivated danger, prohibition, or regulatory signs as prescribed; failing to promptly repair road damage that affects traffic safety;
b) Failing to detect or take measures to prevent, or failing to promptly report encroachments or illegal use of road safety corridor land or land of road;
c) Failing to install staff gauges at both ends of floodways or fords;
d) Failing to provide traffic warnings, control traffic, or prevent vehicles from passing flooded sections with strong currents.
4. A fine ranging from VND 3.000.000 to VND 5.000.000 shall be imposed on individuals, and from VND 6.000.000 to VND 10.000.000 shall be imposed on organizations for committing one of the following violations:
a) Damaging or deactivate the road drainage system;
b) Dismantling, moving, adjusting, damaging, misusing, or falsifying road signs, traffic lights, barriers, traffic cones, kilometer posts, lane markings, protective walls, guardrails, boundary markers, clearance markers, or other road signals without permission;
c) Demolishing or dismantling curbs without permission or illegally repairing or renovating sidewalks.
5. A fine ranging from VND 5.000.000 to VND 7.000.000 shall be imposed on individuals, and from VND 10.000.000 to VND 14.000.000 shall be imposed on organizations for committing one of the following violations:
a) Illegally drilling, digging, cutting the road or the sidewalk;
b) Illegally demolishing or damaging auxiliary works attached to roads, structures, or accessories of road works, except for violations under Clause 4 and points a, c, d of this Clause;
c) Opening and damaging manhole covers of underground works and tunnel systems of public roads without permission;
d) Illegally setting of a blast, extracting earth, sand, stone, gravel, or other minerals, affecting the road infrastructure;
dd) Failing to have road operation, use, and maintenance procedures as prescribed, or failing to fully implement the contents of approved road operation, use, and maintenance procedures.
6. In addition to fines, violators shall also be subject to the following remedial measures:
a) Enforced supplement, repair of missing lost or damaged road signs; repair of damaged road infrastructure for violations under point a of clause 3 of this Article;
b) Enforced restoration of the initial state altered by administrative violations for a violations under Clause 4; points a, b, c and point d of Clause 5 of this Article.
Article 10. Penalties for violations against regulations on electronic payment for road traffic and operation of road tollbooths
1. A fine ranging from VND 3.000.000 to VND 5.000.000 shall be imposed on individuals, and from VND 6.000.000 to VND 10.000.000 shall be imposed on organizations for committing one of the following violations:
a) Transfer onboard unit (OBU) from one vehicle to another without permission;
b) Destroying, forging, deleting data, or tampering with the content of the onboard unit;
c) Opening or maintaining anonymous or impersonated traffic accounts.
2. A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed on organizations for committing one of the following violations:
a) Failing to publicly announce or post information at tollbooths as prescribed;
b) Failing to promptly sell or check tickets, causing inconvenience to ticket buyers; failing to sell or limiting the sale of monthly or quarterly tickets as prescribed;
c) Accepting cash from road users without issuing tickets or issuing tickets that do not correspond to the vehicle type passing through the tollbooths;
d) Failing to follow business procedures, resulting in road vehicles (which are required to purchase tickets) passing through the tollbooths without tickets.
3. A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed on individuals, and from VND 20.000.000 to VND 40.000.000 shall be imposed on organizations for committing one of the following violations:
a) Failing to follow proper tollbooth management and operation procedures, causing traffic accidents to vehicles passing through tollbooths, except for violations under point c of Clause 5 of this Article;
b) Issuing road use charge receipts to incorrect subjects or with incorrect amounts for each paying subject at the tollbooth;
c) Accessing or attempting to access the electronic payment system for road traffic without permission;
d) Damaging or stealing data from the electronic payment system for road traffic;
dd) Illegally modifying software programs or electronic data used in electronic road traffic payments.
4. A fine ranging from VND 30.000.000 to VND 50.000.000 shall be imposed on organizations for committing one of the following violations:
a) Failing to report revenue or submitting incomplete or late reports as prescribed;
b) Failing to publicly disclose daily revenue or outstanding amounts owed by vehicles at each tollbooth;
c) Changing the road use charge levels without written approval from competent state authorities;
d) Failing to maintain assets of tollbooths; dismantling, liquidating, or selling assets of tollbooths without permission; failing to calibrate or inspect equipment groups that require calibration or inspection as prescribed.
5. A fine ranging from VND 50.000.000 to VND 70.000.000 shall be imposed on organizations for committing one of the following violations:
a) Failing to comply with proper procedures to manage and operate tollbooths, causing vehicle queues on one lane (measured from the toll booth cabin to the last car in the queue) exceeding 750 meters;
b) Failing to comply with proper procedures to manage and operate tollbooths, causing the total time taken for any vehicle to pass through a tollbooth (from the moment it stops to wait for toll collection until it leaves the tollbooth) exceeding 15 minutes;
c) Failing to follow proper tollbooth management and operation procedures, causing traffic accidents to vehicles passing through tollbooths resulting in serious consequences or worse;
d) Failing to formulate or formulating incomplete business procedures regulating duration of clearing, payment, data verification, and comparison;
dd) Failing to follow business procedures issued by electronic road traffic payment service providers;
e) Failing to perform data reconciliation; failing to fix or adjust errors and discrepancies detected during reconciliation;
g) Failing to reconcile toll collection data between actual vehicle flow and the traffic volume for which charges are collected by the road use charge payment service provider as prescribed;
h) Failing to develop procedures for payment for road use charges utilizing stop-less electronic tolling method;
i) Failing to formulate procedures for collection of tolls, other service prices, and charges;
k) Failing to develop or approve electronic road traffic payment procedures or approving procedures inconsistent with the form and method of electronic payment at collection points;
l) Failing to provide for internal procedures for inspection, penalty imposition, and troubleshooting during electronic road traffic payment operations;
m) Failing to synchronize information in the electronic road traffic payment database as prescribed.
6. A fine ranging from VND 80.000.000 to VND 100.000.000 shall be imposed on organizations for committing one of the following violations:
a) Failing to manage the road use charge collection account independently and separately from other funds of the electronic payment service provider;
b) Misusing funds in the road use charge collection account.
7. In addition to fines, violators shall also be subject to the following remedial measures:
a) Enforced return of the illegal profits (if any) earned from commission of the administrative violations specified in Points c and d of Clause 2, Point b of Clause 3, and Point c of Clause 4 of this Article;
b) Enforced restoration of the initial state altered by administrative violations for acts specified in point dd of clause 3 of this Article.
Section 3. VIOLATIONS AGAINST REGULATIONS ON ROAD TRANSPORT OPERATIONS
Article 11. Penalties for operators of automobiles and four-wheeled motorized vehicles for passenger transport committing violations against regulations on road transport
1. A fine ranging from VND 300.000 to VND 500.000 shall be imposed for failing to wear the uniform or failing to wear operator’s nametag according to the form prescribed by the transport service providers.
2. A warning or a fine ranging from VND 1.000.000 to VND 2.000.000 shall be imposed for committing one of the following violations:
a) Operating taxis without taximeters (in case of vehicles registering for taximeters) or without appropriate taximeters as prescribed or without using taximeters as requested by passengers, or interfering to adjust the fare displayed on the meter;
p) Operating taxis using taxi fare applications without installing devices to directly connect with passengers on the vehicles as per the law;
c) Operating taxis without using applications to calculate taxi fares (in case of vehicles registering for such applications) or without using applications that satisfy requirements as prescribed;
d) Operating fixed-route passenger vehicles and collecting charge without giving tickets to passengers, or selling tickets at higher prices than prescribed rates.
3. In addition to fines, individuals committing violations under point d of clause 2 of this Article shall also be forced to return illegal profits obtained from administrative violations committed.
Article 12. Penalties for violations against regulations on road transport and auxiliary road transport services
1. A fine ranging from VND 500.000 to VND 1.000.000 shall be imposed on individuals, and from VND 1.000.000 to VND 2.000.000 shall be imposed on organizations for failing to post rules, service prices, names, and phone numbers of competent state regulatory authorities at parking lots as prescribed.
2. A fine ranging from VND 2.000.000 to VND 3.000.000 shall be imposed on individuals, and from VND 4.000.000 to VND 6.000.000 shall be imposed on organizations for committing one of the following violations:
a) Failing to refund tickets to passengers who bought tickets but refused to travel before departure according to regulations for fixed-route transport;
b) Failing to properly affix or revoke badges issued to automobiles used for transport business;
c) Failing to arrange personnel to monitor and supervise operators and vehicles throughout transport business operations as prescribed;
d) Failing to receive or transport consignments of goods as prescribed;
dd) Failing to apply fare exemptions or reductions for elderly, disabled persons, or other policy beneficiaries as prescribed;
e) Failing to enter into ticket agency contracts with passenger bus service providers, fixed-route transport service providers as prescribed.
3. A fine ranging from VND 3.000.000 to VND 5.000.000 shall be imposed on individuals and from VND 6.000.000 to VND 10.000.000 shall be imposed on organizations engaging in transport business, auxiliary road transport service providers for committing one of the following violations:
a) Using a passenger automobile with 8 or more seats (excluding the driver’s seat) or a modified automobile with fewer than 8 seats converted from an automobile with more than 8 seats to operate taxi passenger transport;
b) Failing to arrange a person directly managing transport operations or arranging one who does not satisfy conditions as prescribed;
c) Using automobiles or four-wheeled motorized vehicles of cooperative members to provide transport services without written agreements between such members and the cooperative; or using vehicles that are not under their right to enjoyment to provide transport services;
n) The information in the transport order is not completely certified by the station or not certified at all, or the transport order is certified while the vehicle is not present at the station;
dd) Bus stations allowing vehicles to depart not according to the timetable published by route managing authority;
e) Failing to report transport business operations of the unit as prescribed;
g) Failing to develop or implement traffic safety assurance tasks as prescribed;
h) Bus stations failing to declare or publicly disclose the service fees for vehicle entering, exiting stations in accordance with price laws;
i) Bus stations failing to sign contracts with transport service providers as prescribed;
k) Failing to notify the fare calculation method for taxi services as prescribed;
l) Failing to adequately store relevant records and documents during the management and operation of transportation as prescribed; lacking a system for storing, or having one but failing to adequately store customer complaints as prescribed.
4. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed on individuals and from VND 10.000.000 to VND 20.000.000 shall be imposed on organizations engaging in transport business, auxiliary road transport service providers for committing one of the following violations:
a) Failing to declare goods transport station and rest areas as prescribed; failing to re-declare passenger transport station, goods transport station, and rest areas as prescribed;
b) Failing to have safety management divisions as prescribed, or having one but it fails to fully perform its duties as prescribed;
c) Failing to create or creating but not adequately and accurately updating the vehicles’ background, occupation background of drivers as prescribed;
d) Operating taxis without taximeters (in case of vehicles registering for taximeters) or without appropriate taximeters as prescribed; lacking a device to print receipts connected to the taximeter as prescribed, or having one but unable to use it properly, or printing receipts without all the required information as prescribed;
dd) Operating taxis without using applications to calculate taxi fares (in case of vehicles registering for such applications) or without using applications that satisfy requirements as prescribed;
e) Failing to comply with the declared transport service quality standards;
g) Failing to comply with the declared and announced service fees for vehicle entering, exiting transport stations;
h) Failing to comply with posted and declared prices for fixed-route passenger transport services and passenger taxi services;
i) Failing to purchase insurance for passengers as required;
k) Operating double decker sleeper buses on mountainous roads classified as class V and VI.
5. A fine ranging from VND 10.000.000 to VND 15.000.000 shall be imposed on individuals and from VND 20.000.000 to VND 30.000.000 shall be imposed on organizations engaging in transport business, auxiliary road transport service providers for committing one of the following violations:
a) Bus stations failing to declare or publicly disclose the service fees for vehicle entering, exiting stations in accordance with price laws;
b) Failing to comply with posted and declared prices for fixed-route passenger road transport services and passenger taxi services as prescribed;
6. A fine ranging from VND 12.000.000 to VND 16.000.000 shall be imposed on individuals and from VND 24.000.000 to VND 32.000.000 shall be imposed on organizations engaging in transport business, auxiliary road transport service providers for committing one of the following violations:
a) Using automobiles or four-wheeled motorized vehicles to provide transport services without a License for transport services as prescribed, except for the acts specified in point i of this clause;
b) Failing to conduct business activities in accordance with the form registered in the License for transport services;
c) Establishing or organizing illegal passenger pick-up/drop-off and cargo loading/unloading points;
d) Failing to develop a traffic safety assurance process for vehicles entering and exiting the transport station, or having such process but failing to properly and fully implement it; failing to post or posting incomplete or inaccurate information at the transport station as prescribed;
dd) Failing to send electronic invoices or failing to send the minimum content of electronic contracts as prescribed;
e) Failing to implement or implementing incompletely or incorrectly regulations on management and application of information from passenger transport station management software;
g) Using electronic contracts without providing a software interface for passengers or transport service recipients as prescribed, or providing an interface that does not meet requirements as prescribed;
h) Allowing organizations or individuals without a license to provide transport services by automobiles or four-wheeled motorized vehicles to coordinate vehicles, operate vehicles, or set transport service fees;
i) Directly coordinate vehicles or operate vehicles or set transport service fees without having a license to provide transport services as prescribed;
k) Failing to correctly or properly store data as prescribed;
l) Using software that fails to record customer feedback on driver service quality or records but fails to send such information to the transport service providers as prescribed.
7. A fine ranging from VND 30.000.000 to VND 50.000.000 shall be imposed on providers of application software assisting transport connection for committing one of the following violations:
a) Failing to comply with regulations on provision of application software assisting transport connection, except for the violation in point e of this clause;
b) Failing to provide the managing authority with the list of transport service providers, automobiles, and drivers of such providers that cooperate with the software provider, or failing to provide accounts to the application software for managing authorities upon request, or failing to comply with data storage regulations;
c) Adjusting posted transport service fees or contract values on the software without permission;
d) Allowing transport service providers to use the software to confirm seat reservations for each passenger, sell tickets, or collect payment from each passenger contrary to the applicable regulations;
dd) Failing to provide transport service providers with an interface and tools to directly manage vehicles and drivers and negotiate and decide transport service fees with passengers and transport service recipients via the software;
e) The software assisting transport connection forcing drivers to perform multiple trip reception operations while the vehicle is in motion.
8. In addition to fines, violators shall also be subject to the following additional penalties:
a) Suspension of (available or issued) badges of violating vehicles from 1 month to 3 months for violations specified in points a, c of clause 3 of this Article;
b) Suspension of licenses to provide transport services from 1 months to 3 months for violations under point b of clause 3; point b of clause 4; points b, h of clause 6 of this Article.
9. In addition to fines, individuals/organizations committing violations under point a of clause 2; points g, h, i of clause 4 of this Article shall also be forced to return illegal profits obtained from administrative violations committed.
Article 13. Penalties imposed upon attendants on buses, fixed-route passenger vehicles, contract-based passenger vehicles
1. A fine ranging from VND 100.000 to VND 200.000 shall be imposed on organizations for committing one of the following violations:
a) Failing to arrange priority seats for elderly people, persons with disabilities, children, and pregnant women; failing to guide passengers to sit in designated seats;
b) Failing to wear uniforms and nametags as prescribed.
2. A fine ranging from VND 100.000 to VND 200.000 shall be imposed on attendants on buses for collecting money without giving tickets (paper or electronic) to passengers, or sells tickets at higher prices than prescribed rates.
3. A fine ranging from VND 300.000 to VND 400.000 shall be imposed on attendants on fixed-route passenger vehicles for collecting money without giving tickets (paper or electronic) to passengers, or sells tickets at higher prices than prescribed rates.
4. In addition to fines, individuals committing violations under clause 2 and clause 3 of this Article shall also be forced to return illegal profits obtained from administrative violations committed.
Article 14. Penalties for violations against regulations on internal transport operations
1. A fine ranging from VND 3.000.000 to VND 4.000.000 shall be imposed on individuals using four-wheeled motorized vehicles for internal passenger transport except for purpose of provision of passenger transport services.
2. A fine ranging from VND 3.000.000 to VND 5.000.000 shall be imposed on individuals, and from VND 6.000.000 to VND 10.000.000 shall be imposed on organizations for committing one of the following violations:
a) Failing to implement prescribed traffic safety management regulations, except for violations under point b of this clause;
b) Failing to monitor and supervise driver and vehicle operation throughout the internal transport process;
c) Operating double decker sleeper buses on mountainous roads classified as class V and VI.
d) Using internal transport vehicles for provision of passenger or goods transport services;
dd) Using internal transport vehicles to transport passengers or goods inconsistent with applicable regulations;
c) Using automobiles of cooperative members for internal transport operations without written agreements between such members and the cooperative; or using automobiles that are not under their right to enjoyment;
Article 15. Penalties for violations against regulations on vehicle rental services
1. A fine ranging from VND 8.000.000 to VND 10.000.000 shall be imposed on individuals, and from VND 16.000.000 to VND 20.000.000 shall be imposed on vehicle rental service providers who fail to enter into self-drive rental agreements with renters.
2. A fine ranging from VND 10.000.000 to VND 15.000.000 shall be imposed on individuals, and from VND 20.000.000 to VND 30.000.000 shall be imposed on vehicle rental service providers for committing one of the following violations:
a) Arrange drivers to renters intending to self-drive;
b) Failing to sign vehicle rental service providers with renters for operating automobiles transport or internal transport;
c) Signing contracts for rental of automobiles used for transport service provider or internal transport that do not clearly state “without driver” with renters.
3. A fine ranging from VND 28.000.000 to VND 30.000.000 shall be imposed on individuals, and from VND 56.000.000 to VND 60.000.000 shall be imposed on vehicle rental service providers who lease vehicles to renters without non-zero driver license points and valid driver license appropriate to the leased vehicles.
AUTHORITY AND PROCEDURES FOR IMPOSING PENALTIES
Section 1. AUTHORITY TO IMPOSE PENALTIES
Article 16. Distinction of powers to impose penalties for administrative violations against regulation on road operations
1. The Presidents of People’s Committees at all levels have the authority to impose penalties for violations under this Decree within their managed areas.
2. The Traffic Police, within their jurisdiction, have the authority to impose penalties for violations specified in the following points, clauses, and articles of this Decree:
a) Clauses 1, 2, 3, points a, b, c and point d of clause 4 of Article 5;
b) Point a of clause 1; points b and c of clause 2; points a and b of clause 3; points a and b of clause 4; points a, b, and c of clause 5 of Article 8;
c) Clauses 1, 2, 4 and 5 of Article 9;
d) Point a of clause 3; points a, b and c of clause 5 of Article 10;
dd) Article 11;
e) Clause 1, points a, c and dd of clause 2; point a of clause 3; points d, e, g, i and k of clause 4, clause 5 and point c of clause 6 of Article 12;
g) Article 13;
h) Clause 1; points c, d, dd and e of Clause 2 of Article 14;
i) Article 15.
3. The Mobile Police and the Police Bureau of Administrative Management of Social Order, within their assigned functions and duties related to road traffic, shall have authority to impose penalties for violations specified in the following points, clauses, and articles of this Decree:
a) Clauses 1, 2, 3, points a, d and point dd of clause 4 of Article 5;
b) Clauses 1, 2, 4 and 5 of Article 9;
c) Point a of clause 3; points a, b and c of clause 5 of Article 10;
d) Clause 1, points a, c and dd of clause 2; points a, k and l of clause 3; points i and k of clause 4, clause 5 and points dd and g of clause 6 of Article 12;
dd) Points c, d, dd and e of Clause 2 of Article 14;
4. The Chief of Commune Police authority or Chief of Police Station, within their assigned functions and duties related to road operations, shall have authority to impose penalties for violations specified in the following points, clauses, and articles of this Decree:
a) Clauses 1, 2, 3, points a, b, c, d and dd of clause 4 of Article 5;
b) Point a of clause 1; points b and c of clause 2; points a and b of clause 3; points a and b of clause 4; points a, b, and c of clause 5 of Article 8;
c) Clauses 1, 2, 4 and 5 of Article 9;
d) Point a of clause 3; points a, b and c of clause 5 of Article 10;
dd) Article 11.
e) Clause 1, points a, c and dd of clause 2; points a, k and l of clause 3; points dd, e, g, i and k of clause 4, clause 5 and points c, dd and g of clause 6 of Article 12;
g) Article 13;
h) Clause 1; points c, d, dd and point e of Clause 2 of Article 14;
i) Article 15.
5. The Director of the Bureau of Traffic Police shall have the authority to impose penalties for violations specified in Clause 2 of this Article.
6. The Director of the Police Bureau of Administrative Management of Social Order and the Mobile Police Command shall have authority to impose penalties for violations specified in Clause 3 of this Article.
7. The Director of the Provincial Police authority shall have the authority to impose penalties for violations specified in Clause 4 of this Article.
8. The Director of the Department for Roads of Vietnam, Heads of inspection teams established by the Minister of Construction, Directors of Departments of Construction, and Heads of inspection teams established by the Director of the Department for Roads of Vietnam shall have authority to impose penalties for violations under this Decree.
9. The Director of the Road Management Area under the Department for Roads of Vietnam shall have the authority to impose penalties for violations under Articles 5, 6, 7, 8, 9, and 10 of this Decree.
Article 17. Authority to impose penalties of Presidents of People’s Committees at all levels
1. Presidents of Commune-level People’s Committees have the authority to impose the following forms of penalties:
a) Warning;
b) Fines of up to VND 37.500.000;
c) Suspension of operation licenses for a fixed period;
d) Remedial measures as prescribed in Article 3 hereof.
2. Presidents of Provincial People’s Committees shall have the authority to impose the following forms of penalties:
a) Warning;
b) Fines of up to VND 75.000.000;
c) Suspension of operation licenses for a fixed period;
d) Remedial measures as prescribed in Article 3 hereof.
Article 18. Authority to impose penalties of People’s Police
1. Police officers on duty have the power to impose the following forms of penalties:
a) Warning;
b) Fines of up to VND 7.500.000;
2. Heads of mobile police units at company level have the power to impose the following forms of penalties:
a) Warning;
b) Fines of up to VND 15.000.000;
c) Remedial measures as prescribed in Article 3 hereof.
3. Heads of police stations, heads of mobile police units at battalion level, heads of stations; leaders have the right to impose the following forms of penalties:
a) Warning;
b) Fines of up to VND 22.500.000;
c) Suspension of operation licenses for a fixed period;
d) Remedial measures as prescribed in Article 3 hereof.
4. Heads of commune-level police authorities have the power to impose the following forms of penalties:
a) Warning;
b) Fines of up to VND 37.500.000;
c) Suspension of operation licenses for a fixed period;
d) Remedial measures as prescribed in Article 3 hereof.
5. Heads of professional divisions affiliated to Police Bureau for Administrative Management of Social Order including: Head of Division of Provision of Guidance and Management of Conditional Business Lines on Security, Order and Seals; Heads of professional divisions affiliated to Bureau of Traffic Police, including: Head of Division of Data Management, Extraction, Processing, Operation and Digital Transformation; Head of Guidance Division for Dissemination of Information, Investigation and Handling of Traffic Accidents, Head of Division of Guidance on Registration and Inspection of Vehicles, Head of Division of Guidance, Training, Testing and Management of Driver Licenses issued to Vehicle Operators, Head of Division of Guidance on Patrol and Control of Road and Railway Traffic, Head of Division of Guidance on Traffic Control and Escort, Head of Regiment-level Mobile Police Unit; Heads of Divisions affiliated to the provincial Police Authority, including: Head of Police Division for Administrative Management of Social Order, Head of Police Divisions for Investigation into Social Order Crimes, Head of Traffic Police Division, Head of Mobile Police Division shall have the authority to impose the following forms of penalties:
a) Warning;
b) Fines of up to VND 60.000.000;
c) Suspension of operation licenses for a fixed period;
d) Remedial measures as prescribed in Article 3 hereof.
6. Directors of the provincial police shall have the power to impose the following forms of penalties:
a) Warning;
b) Fines of up to VND 75.000.000;
c) Suspension of operation licenses for a fixed period;
d) Remedial measures as prescribed in Article 3 hereof.
7. Director of Police Traffic Bureau, Director of Police Bureau of Administrative Management of Social Order, Mobile Police Command shall have the power to impose the following forms of penalties:
a) Warning;
b) Fines of up to VND 75.000.000;
c) Suspension of operation licenses for a fixed period;
d) Remedial measures as prescribed in Article 3 hereof.
Article 19. Authority to impose penalties of the Director of the Department for Roads of Vietnam, Heads of inspection teams established by the Minister of Construction, Directors of Departments of Construction, and Heads of inspection teams established by the Director of the Department for Roads of Vietnam and the Director of the Road Management Area under the Department for Roads of Vietnam
1. The Director of the Road Management Area under the Department for Roads of Vietnam shall have the power to impose the following forms of penalties:
a) Warning;
b) Fines of up to VND 37.500.000;
c) Suspension of operation licenses for a fixed period;
d) Remedial measures as prescribed in Article 3 hereof.
2. Directors of Departments of Construction, and Heads of inspection teams established by the Director of the Department for Roads of Vietnam shall have the power to impose the following forms of penalties:
a) Warning;
b) Fines of up to VND 60.000.000;
c) Suspension of operation licenses for a fixed period;
d) Remedial measures as prescribed in Article 3 hereof.
3. The Director of the Department for Roads of Vietnam, Heads of inspection teams established by the Minister of Construction shall have the power to impose the following forms of penalties:
a) Warning;
b) Fines of up to VND 75.000.000;
c) Suspension of operation licenses for a fixed period;
d) Remedial measures as prescribed in Article 3 hereof.
Article 20. Rules for determination of powers to impose administrative penalties and application of remedial measures
1. Rules for determination of powers to impose administrative penalties and application of remedial measures in road operations shall comply with Article 52 of the Law on Penalties for Administrative Violations and Article 4 of Government’s Decree No. 189/2025/ND-CP dated July 1, 2025, elaborating the Law on Penalties for Administrative Violations on the authority to impose administrative penalties.
2. Fines imposed by titles specified in Articles 17, 18, and 19 of this Decree are penalties imposed on individuals committing administrative violations; fines imposed on organizations shall be twice those of individuals.
Article 21. Authority for preparation of records of administrative violations
Authority for preparation of records of administrative violations:
1. Title specified in Article 17, Clause 2 and Clause 3 of Article 19 shall have the authority to prepare administrative violation records for violations under this Decree;
2. Titles specified in Article 18 shall have the authority to prepare administrative violation records for violations distinguished in Clause 9 of Article 16 of this Decree;
3. Titles specified in clause 1 of Article 19 shall have the authority to prepare administrative violation records for violations distinguished in Clause 9 of Article 16 of this Decree;
4. Civil servants and public employees of road authorities, while performing their official duties, have the authority to make violation records for violations occurring within the management scope of their authorities or units.
5. Members of inspection teams established by the Minister of Construction and members of inspection teams established by the Director of the Department for Roads of Vietnam shall have the authority to make violation records for violations detected during inspections within the scope and content of their inspection.
Section 2. PROCEDURES FOR IMPOSING PENALTIES
Article 22. Procedure for imposing penalties, executing decision on imposing penalties and remedial measures
1. Procedure for imposing penalties, executing decision on imposing penalties and remedial measures shall comply with Chapter III of Part 2 of the Law on Penalties for Administrative Violations and this Decree.
2. For administrative violations detected through professional technical equipment and the authorities are unable to immediately stop the equipment for processing, the following procedures shall be carried out:
a) The competent authority shall send a notification requesting the vehicle owner and relevant individuals or organizations (if any) to come to the office of the agency/unit of the competent sanctioning person to resolve the violation case. The notification shall be made in written or electronic form within 10 days from the date the violation is detected.
b) The vehicle owner is obliged to cooperate with the competent authorities to identify the person who drove the vehicle and committed the violation.
In case where the vehicle owner is an individual, if they do not cooperate with the competent authority, fail to prove or explain that they were not the person driving the vehicle and committing the violation, they shall be subject to penalties for the detected violation, except in cases where the vehicle was stolen or used illegally.
In case where the vehicle owner is an organization, if they do not cooperate with the competent authority, fail to identify the person who drove the vehicle and committed the violation, they shall be subject to administrative penalties for the detected violation, except in cases where the vehicle was stolen or used unlawfully.
c) The transfer of evidence collected by professional technical means and equipment to the competent person to make an administrative violation record and issue an administrative penalty decision shall comply with the Government’s regulations on the list, management, and use of professional technical means and equipment and procedures for collecting and using data obtained from such means and equipment provided by individuals or organizations to detect administrative violations.
3. The delivery of the administrative penalty decision, the decision on confiscation of exhibits, instrumentalities, licenses, and other forms related to administrative penalties shall comply with the provisions of the Law on Penalties for Administrative Violations. Such decision may be sent to the violator via the account registered on the National Public Service Portal.
4. For violations at point dd of clause 4; point c of clause 5 of Article 5; point b of clause 2 of Article 6; clauses 1 and 2 of Article 7; points a of clause 1; point a of clause 2; points a and b of clause 3; points a and b of clause 4; clauses 5 and 6 of Article 8; points c, d, clause 3, and point dd of clause 5 of Article 9; points d, h, i, k, and l of clause 5 of Article 10; points b of clause 3; points c, d, and dd of clause 4 of Article 12, violators are required to immediately cease their violation acts in accordance with the following regulations:
a) Provide proper drainage or obstructing, blocking drainage systems from structures belonging to road infrastructure as prescribed for violation under point dd of clause 4 of Article 5;
b) Remove and close temporary connection points as prescribed for violations under point c of clause 5 of Article 5;
c) Relocate or dismantle shared technical infrastructure works as requested by the road infrastructure managers/users for the violations under point b of clause 2 of Article 6;
d) Fully comply with licensing conditions for inspection service providers for violations under clause 1 of Article 7; fully comply with training requirements for inspector and responsibilities of training institutions for violations under clause 2 of Article 7;
dd) Immediately implement traffic safety measures (traffic arrangement measures) as prescribed for the violation specified at point a of clause 1; point a of clause 2; points a and b of clause 3; points a and b of clause 4; points a, b, and c of clause 5 of Article 8;
e) Relocate works as prescribed for violations under points d and dd of clause 5 of Article 8;
g) Hand over the works, completion dossiers, and maintenance process as prescribed for violations under point e of clause 5 of Article 8;
h) Restore the original condition of the affected road infrastructure as prescribed for violations under point g of clause 5 of Article 8;
i) Construct road works or pay costs for reimbursing the costs, replacing the affected part of the road work for violations under clause 6 of Article 8.
k) Install water level posts for violations under point c of clause 3 of Article 9; apply traffic warning, control measures and prevent vehicles passing through flooded roads with high flow velocity as prescribed for violations under point d of clause 3 of Article 9;
l) Develop procedures as prescribed for violations under point dd of clause 5 of Article 9 and points d, h, i, k, and l of clause 5 of Article 10;
m) Arrange qualified personnel to directly operate transport activities as prescribed for violations under point b of clause 3 of Article 12;
n) Prepare, update, and store full and accurate documents as prescribed for violations under point of clause 4 of Article 12;
o) Install taximeters and devices to connect directly with passengers as prescribed for violations under points d and dd of clause 4 of Article 12.
5. In cases of enforced return of illegal profits, the determination of illegal profits shall comply with the following regulations:
a) Illegal profits obtained from committing administrative violations under point c of clause 2 of Article 10 shall be calculated by the cash collected from users of road vehicles;
b) Illegal profits obtained from committing administrative violations under point b of clause 3, point c of clause 4 of Article 10 shall be calculated by the amount collected from road use charges minus the amount approved by the competent authority in writing;
c) Illegal profits obtained from committing administrative violations under point d of clause 2 of Article 11, clause 2 and clause 3 of Article 13 shall be the ticket revenue collected minus the declared and posted ticket price;
d) Illegal profits obtained from committing administrative violations under point a of clause 2 of Article 12, shall be the amount received from passengers refusing trips;
c) Illegal profits obtained from committing administrative violations under point g of clause 4 of Article 12 shall be the amount collected from transport service providers minus the declared and posted vehicle entry and exit service fees;
e) Illegal profits obtained from committing administrative violations under point h of clause 4 of Article 12 shall be the amount collected from passengers minus declared and posted charges for fixed-route transport and passenger taxi services;
g) Illegal profits obtained from committing administrative violations under point i of clause 4 of Article 12 shall be the amount of money that the transport service providers failed to purchase for passenger insurance as prescribed.
6. The person imposing the administrative penalties is also responsible for organizing and supervising the implementation of remedial measures.
7. If organizations or individuals subject for administrative penalties fail to voluntarily comply with penalty decisions or reimburse agency that implements the remedial measures, enforcement actions shall be taken according to the Law on Penalties for Administrative Violations and other relevant laws.
Article 23. Suspension of licenses or suspension of road operations
1. Beginning date of the suspension period:
a) The suspension period shall begin on the effective date of the decision on penalty imposition if the person imposing the penalty is able to confiscate the violator’s license on such day;
b) If the person imposing the penalty is not able to confiscate the violator’s license when the decision on penalty imposition is issued, such person shall still issue decision on imposing penalties as prescribed. The decision on penalty imposition must specify the initial date of suspension from license to be the date on which the person committing the violation presents the license to persons imposing the penalty;
c) When confiscating the license as prescribed in Point b of this Clause and returning the license as prescribed in Point a and Point b of this Clause, the person imposing the penalty shall make records and store dossiers on administrative penalties.
2. During the suspension period, if the violator still keeps doing the activities in the license, such violator shall incur a penalty for operating without a license.
3. If the remaining validity period of the license is shorter than the suspension period, the person imposing the penalty shall still issue the decision on penalty imposition. During the suspension period, the organization or individual may carry out procedures for replacement or issuance of a license but may not carry out activities specified in the practicing license/certificate.
Article 24. Confiscation of documents related to vehicle operators and means used for commission of violations
If, at the time of inspection, the vehicle operator is not able to present one or several or all of the required documents (driver license, vehicle registration certificate, or a certified copy of the unexpired registration certificate attached with the original receipt from credit institutions or foreign bank’s branches in case they hold the original registration certificate, the safety and environmental inspection certificate) as prescribed:
1. The competent person shall prepare an administrative violation record against the vehicle operator for the act of operating a vehicle without papers (corresponding to the documents not presented) and an administrative violation record against the vehicle owner for corresponding violations under Article 12 of this Decree and confiscate the vehicle as prescribed.
2. Within the date set for resolving the violation as recorded in the administrative violation record, if the violator presents the required documents as stipulated, the competent person shall issue a decision on the penalty for the act of operating a vehicle without papers for the vehicle operator and shall not impose a penalty on the vehicle owner.
3. If the violator fails to present the required documents within the above period, the violator must comply with the administrative penalties decision for violations recorded in the administrative violation record.
Article 25. Annulment of certain articles, clauses, and points of the Government’s Decree No. 100/2019/ND-CP dated December 30, 2019, on penalties for administrative violations against regulations on road and rail transport amended by the Government’s Decree No. 123/2021/ND-CP dated December 28, 2021, and the Government’s Decree No. 168/2024/ND-CP dated December 26, 2024.
1. Points a, b, d and e of clause 2; points b, c, d and e of clause 3; clause 4; points a, b of clause 5; points a, b, c, d, dd and h of clause 6; point b of clause 8; clauses 9 and 10 of Article 12 are annulled.
2. Articles 13, 14, and 15 are annulled.
3. Point b of Clause 1; points i, l, o, p of Clause 3; point n of Clause 5; and Clauses 8 and 9 of Article 23 are annulled.
4. Point a of Clause 4 of Article 24 is annulled.
5. Points a, b, c, d, dd, i of clause 2; points b, c of clause 3; points b, c, d, dd, h, i, k, l, m, n, o, p, r, t of clause 4; points a, b, c, d, h, i, k, l, n, q of clause 6; points a, b, c, d, e, g, k of clause 7; points c, d of clause 8; points a, b of clause 10; points a, b, d, dd, e, g, h, k and l of clause 11 of Article 28 are annulled.
6. Article 31 is annulled.
7. Points b, c, d, e, g of clause 2; points dd, e, k of clause 3; points g, h of clause 4; points e, m, o of clause 5; point b of clause 8 of Article 74 are annulled; and the phrase “point a of clause 2 of Article 16; point a of clause 6 of Article 23; point a of clause 2 of Article 32” in clause 3a of Article 74 is removed.
8. Points i, l, and m of Clause 3 of Article 80 are annulled.
The Decree comes into force from March 01, 2026.
Article 27. Transitional provisions
1. In cases where administrative violations against regulations on road transport occur and end before the effective date of this Decree and are only discovered or are under consideration afterward, the Decree in effect at the time the violation was committed shall apply.
2. For administrative violations against regulations on road transport that occur before this Decree comes into force but are still ongoing after this Decree comes into force, the regulations in this Decree shall apply.
Article 28. Implementation responsibilities
Ministers; Heads of ministerial authorities; Heads of governmental authorities; Presidents of People’s Committees of provinces/cities and relevant agencies and units are responsible for implementing this Decree./.
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ON THE BEHALF OF THE GOVERNMENT Tran Hong Ha |
