Ministry of Transport proposes increasing traffic violation fines

The Ministry of Transport has just submitted to the Government a draft amendment proposing an increase in traffic fines.

The Ministry of Transport proposes an increase of up to five times the current fine rates for several penalties. — Photo sggp.org.vn

For some violations, the ministry has suggested increases of up to five times, while the figure could be up to ten times for violations involving fake licence plates. The ministry's move aims to align Decree 100 with the Law on Handling of Administrative Violations, which is expected to take effect from January 1, 2022.  Apart from proposing the increase in fine rates, the amendment also adjusts several regulations to create a legal framework and process for law enforcement.

In the 2016 – 2020 period, Vietnam saw an average increase of 3.8 million vehicles each year, with the number of cars increasing by 10.25 per cent and motorbikes 6.46 per cent, according to the Traffic Police Department. The department also stated that the adjustments were necessary, taking into context changes and issues that arise in traffic safety and order after two years of implementing the Decree. Experts also consider revisions targeted at high-risk violations, such as using expired licences, producing and selling fake licence plates, unauthorised racing, violating traffic laws on highways, and overloaded vehicles. In the proposed amendment, using driver’s licences that have expired for up to three months could result in a fine of VND 5 to 7 million. Passed the 3 - month mark, this number could go up to VND 10 to 12 million. 

Statistics reveal that people aged 30 to 45 are the demographic most involved in traffic accidents. This requires better management of drivers, ensuring health requirements are met and skills are revised, said Senior Lieutenant Colonel Nguyen Quang Nhat, the head of communication and traffic accident investigation at the Traffic Police Department. People driving without official licences, using modified or expired licences could face up to VND 1 to 2 million for 175cc engine motorbikes or similar vehicles, and VND 4 to 5 million for motorbikes with an engine capacity of 175cc or above. This adjustment is to address issues when violators refuse to show papers and pay the fine to avoid getting their licences confiscated.

The penalties will be much stricter for violations involving counterfeit licence plates, with charges expected to increase ten times higher than the current rates. Selling fake number plates could result in a fine of VND10 to 12 million for individuals and VND20 to 24 million for groups. This figure could be respectively VND30 to 35 million and 60 to 70 million for producing fake licence plates. The new amendment also proposes a fine of VND4 to 6 million for drivers using counterfeit, damaged, or modified number plates. Lawyer Nguyen Van Chien, Vice Chairman of the Vietnam Lawyers' Association and former member of the National Assembly Committee for Judicial Affairs, deemed the increase necessary. Counterfeit licence plates pose a great risk not only to traffic safety and order but also to authentic plate owners, especially when the police are applying technology in handling violations. Dangerous criminals could also try to hide information and commit crimes using fake number plates, which creates obstacles in investigations. 

Fines for unauthorised racing are proposed at VND10 to 15 million for motorbikes and VND20 to 25 million for cars. For highway traffic, the amendment proposes increasing the charge to VND10 to 12 million for parking, signaling, and improper turning violations. Regarding overloaded vehicles causing damage to road infrastructure, the draft recommends re-classifying violations into three categories instead of five: overloaded by 10 to 20 per cent, 20 to 50 per cent, and over 50 per cent.

There is also an expected increase regarding authorities handling traffic violations in accordance with the adjustments of penalty rates. Police and Chairmen of People’s Committees at commune-level can handle violations of up to VND2.5 million, at district-level VND15 million, and VND37.5 million for the district police chief. Chairmen of provincial-level People’s Committees, Head of the Traffic Police Department, Head of Police Department of Administration and Social Security, and Chief of the Mobile Police Forces will be granted permission to handle violations of maximum VND75 million.