Decree No. 151/2024/ND-CP on elaboration of Law on road traffic order and safety

DECREE

ELABORATION OF SOME ARTICLES AND MEASURES FOR ENFORCEMENT OF LAW ON ROAD TRAFFIC ORDER AND SAFETY

Pursuant to the Law on Organization of the Government of Vietnam dated June 19, 2015; Law on Amendments to the Law on Organization of the Government of Vietnam and the Law on Organization of Local Government dated November 22, 2019;

Pursuant to the Law on Road Traffic Order and Safety dated June 27, 2024;

At the request of the Minister of Public Security;

The Government promulgates Decree on elaboration of some articles and measures for enforcement of Law on Road Traffic Order and Safety.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decree elaborates some articles and measures for enforcement of Law on Road Traffic Order and Safety. To be specific:

1. Article 6 regarding educating regulations of the law pertaining to road traffic order and safety.

2. Clause 3, Article 7 regarding database on road traffic order and safety; regulate collection, management, and use of information on database on road traffic order and safety.

3. Clause 6, Article 27 regarding management, installation, and use of devices emitting priority signals of priority vehicles and procedures for issuance, re-issuance, and revocation of license to use priority signal devices.

4. Clause 5, Article 35 regarding installing tracking devices for automobiles used in transportation services; installing tracking devices and in-cabin driver cameras for passenger automobiles of at least 8 seats (excluding the driver’s seats) used in transportation services, hauling units, ambulances, road recovery vehicles; issuing operation license for smart vehicles; stipulating operating requirements of non-motorized vehicles.

5. Point a, Clause 1, Article 46 regarding paint color of automobiles transporting preschool children and students.

6. Point dd, Clause 4, Article 52 regarding cases in which people and vehicles assisting drivers, issuing warnings to other road users and vehicles and road traffic safety measures are required for oversized, overload vehicles, tracked vehicles, vehicles carrying oversized, overload goods running on public roads.

7. Clause 4, Article 55 regarding road traffic order and safety assurance for right-hand drive automobiles of foreigners registered overseas and running on Vietnamese roads; foreign motorized vehicles brought into Vietnam by foreigners for tourism purposes.

Article 2. Regulated entities

This Decree applies to Vietnamese and foreign agencies, organizations, and individuals involved in road traffic order and safety in Vietnam.

Article 3. Appendixes enclosed herewith

1. Appendix I: Technical requirements for devices emitting priority signals of priority vehicles.

2. Appendix II: Forms related to issuance of license to use devices emitting priority signals of priority vehicles.

3. Appendix III: Forms related to issuance of operation license for smart vehicles.

4. Appendix IV: Forms related to granting of approval for Vietnamese international travel service providers to enable foreigners to bring foreign motorized vehicles into Vietnam for tourism purpose or organizations or individuals to bring right-hand drive automobiles into Vietnam for operation on public roads for non-tourism purposes.

Chapter II

EDUCATING REGULATIONS OF THE LAW PERTAINING TO ROAD TRAFFIC ORDER AND SAFETY

Article 4. Educational contents regarding regulations of the law pertaining to road traffic order and safety

1. Educational contents regarding regulations of the law pertaining to road traffic order and safety for preschool children include:

a) Identification of types of road vehicles;

b) Identification of traffic light signals and their meanings and common road signs;

c) Safety when walking being on road vehicles;

d) How to wear a helmet properly;

dd) Safe places to play;

e) Dangers and consequences of non-compliance with regulations on road traffic safety.

2. Educational contents regarding regulations of the law pertaining to road traffic order and safety for primary school students include:

a) Identification of command of traffic control personnel; traffic light signals; common road signs;

b) Common road traffic rules; the necessity of compliance with road traffic rules;

c) How to cross roads safely;

d) How to select and wear a helmet properly;

dd) How to get on and off bicycles, mopeds and motorbikes safely;

e) Introduction to bicycles and how to operate them safely;

g) Some skills in preventing road traffic accidents.

3. Educational contents regarding regulations of the law pertaining to road traffic order and safety for lower secondary school students include:

a) Road traffic rules;

b) Identification of and compliance with road signals;

c) Wearing of standard helmet and proper strap when participating in road traffic;

d) Safety when being on motorized vehicles;

dd) How to operate bicycles and electric bicycles safely;

e) Prevention of risks and consequences of traffic accidents and handling of traffic incidents.

4. Educational contents regarding regulations of the law pertaining to road traffic order and safety for upper secondary school students include:

a) Road traffic rules; road signals; safe speed and distance of motorized vehicles;

b) Prediction and prevention of dangers;

c) How to operate mopeds safely;

Article 5. Guidelines on safe moped operation for students entering upper secondary education and students of vocational education and training institutions

1. Guidelines on safe moped operation consist of:

a) Methods of identifying and handling dangerous situations while driving;

b) Structure and functions of parts of moped, methods of vehicle maintenance and safety inspection;

c) Driving culture; responsibilities of motorized vehicle operators; rendering of assistance to traffic accident victims;

d) How to start and shut down engine, use throttle, brake, change gear, use protective equipment;

dd) Safe posture for getting on and off vehicle;

e) How to depart, adjust the appropriate speed, and stop the vehicle safely;

g) Driving following 04 models: driving through 8 diagram, through a straight line, through roads with marks of obstacles, through rough roads;

h) Other relevant contents.

2. Students shall practice driving mopeds safely according to the provisions of Points d, dd, e, g, Clause 1 of this Article.

3. The time for providing guidelines and assessing safe moped operation under guidance of in-charge traffic police authorities shall be in accordance with the practical requirements at educational institutions and contents specified in Clause 1 of this Article.

Article 6. Responsibility for providing guidelines on safe moped operation for students

1. The Ministry of Public Security shall take charge of and cooperate with the Ministry of Education and Training and the Ministry of Labor, War Invalids and Social Affairs in formulating curricula and guiding documents on practice of safe moped operation, ensuring suitability for students and contents specified in Article 5 hereof.

2. The Ministry of Education and Training shall take charge of and direct managing authorities of upper secondary schools to prepare physical facilities and mopeds for cooperating with the traffic police force in providing guidelines on safe moped operation.

3. The Ministry of Labor, War Invalids and Social Affairs shall take charge of and direct managing authorities of vocational education and training institutions to prepare physical facilities and mopeds for cooperating with the traffic police force in providing guidelines on safe moped operation.

4. Upper secondary schools and vocational education and training institutions shall:

a) Have students and their families that sign commitments to compliance with the regulations of law on road traffic order and safety, including the following contents: a student who fails to meet the prescribed requirements shall not operate motorbikes, a student who has not completed the training program on safe moped operation shall not operate mopeds; the ineligible student’s family does not allow such student to operate vehicles;

b) Cooperate with parent committees in regularly reminding their children to strictly follow the signed commitments and regularly exchange and capture information with students’ families on students’ compliance with regulations of law on road traffic order and safety when running on public roads;

c) Prescribe compliance with regulations of law on road traffic order and safety as one of the assessment and grading criteria for training results of students.

5. The student’s family shall:

a) Cooperate with relevant functional authorities in educating regulations of the law pertaining to road traffic order and safety and providing guidelines on safe moped operation for students;

b) Do not allow ineligible children to operate vehicles;

c) Regularly remind their children to strictly follow the signed commitments and regularly exchange and capture information with schools on students’ compliance with of regulations of law on road traffic order and safety when running on public roads;

Article 7. Responsibilities of the Ministry of Education and Training in developing, integrating and organizing teaching of legal knowledge and managing the compliance with of regulations of law on road traffic order and safety at preschool education institutions and general education institutions

1. The Ministry of Education and Training shall, based on the provisions of Article 4 hereof, take charge of and cooperate with the Ministry of Public Security and relevant ministries and ministerial-level agencies in:

a) Preparing curricula on regulations of law on road traffic order and safety suitable for each educational level;

b) Developing teaching materials, integrating regulations of law on road traffic order and safety into curriculum of preschool, primary and lower secondary levels;

c) Create a subject of regulations of law on road traffic order and safety under educational contents specified in Clause 4, Article 4 hereof for upper secondary school students and students of vocational education and training institutions.

2. The Ministry of Education and Training shall organize teaching of regulations of law on road traffic order and safety to preschool children, primary, lower secondary and upper secondary school students; prescribe compliance with regulations of law on road traffic order and safety as one of the assessment and grading criteria for training results of students.

Article 8. Responsibilities of the Ministry of Labor, War Invalids and Social Affairs in organizing teaching of legal knowledge and managing the compliance with of regulations of law on road traffic order and safety at vocational education and training institutions

1. The Ministry of Labor, War Invalids and Social Affairs shall take charge of and cooperate with the Ministry of Public Security and the Ministry of Education and Training in organizing the teaching of regulations of law on road traffic order and safety at vocational education and training institutions under educational contents specified in Clause 4, Article 4 hereof.

2. The Ministry of Labor, War Invalids and Social Affairs shall direct vocational education institutions to prescribe compliance with regulations of law on road traffic order and safety as one of the assessment and grading criteria for training results of students.

Chapter III

DATABASE ON ROAD TRAFFIC ORDER AND SAFETY; COLLECTION, MANAGEMENT, USE, CONNECTION, AND SHARING OF INFORMATION ON DATABASE ON ROAD TRAFFIC ORDER AND SAFETY

Article 9. Principles of development, management, use, connection, and sharing of Database on road traffic order and safety

1. Database on road traffic order and safety shall be uniformly developed nationwide and shared with competent agencies, organizations or individuals, except for database related to national defense and security.

2. Database on road traffic order and safety shall be updated fully, accurately and promptly; maintain continuous, stable and smooth operation to meet the requirements of use of agencies, organizations or individuals in accordance with law.

3. Database on road traffic order and safety shall be archived in accordance with the law on archival.

4. Development, management, use, connection, and sharing of information on Database on road traffic order and safety shall comply with the regulations of laws on road traffic order and safety, handling of administrative violations, information technology, cyber information security, cybersecurity, electronic transactions, and personal data protection.

Article 10. Development of Database on road traffic order and safety and specialized databases

1. Database on road traffic order and safety shall be developed in accordance with Vietnam’s E-Government Architecture Framework; comply with relevant specialized laws.

2. Ministries and central authorities shall be responsible for developing national databases, specialized databases, connecting and sharing information in accordance with law with Database on road traffic order and safety developed and managed by the Ministry of Public Security to service the state management of order and road traffic safety.

3. Responsibility for development and management of specialized databases:

a) The Ministry of Public Security shall develop and manage the following databases: Database on registration and management of motorized vehicle s and heavy-duty vehicles (except military vehicles); Database on handling of administrative violations against regulations on road traffic order and safety; Database on road traffic accidents; Database on road vehicle trip, driver images (except military vehicles); Database on vehicle usage of drivers (except for military vehicles); Database on registration of motorized vehicles and heavy-duty vehicles used in the People’s Public Security Force; Database on driver training, driving tests, and issuance of driver’s licenses, certificate of road traffic law training in the People’s Public Security Force; Database on operators of motorized vehicles and heavy-duty vehicles in the People’s Public Security Force;

b) The Ministry of Transport shall develop and manage the following databases; Database on registration of motorized vehicle s and heavy-duty vehicles (except military vehicles and police vehicles); Database on driver training, driving tests, and issuance of driver’s licenses, certificate of road traffic law training (except for driver training, driving tests, and issuance of driver’s licenses, certificate of road traffic law training of military and police forces); Database on operators of motorized vehicles and heavy-duty vehicles of military and police forces);

c) The Ministry of Finance shall develop and manage the following databases: Database on exported and imported vehicles; Database on vehicle sale invoices; Database on registration fees;

d) The Ministry of National Defense shall develop and manage the following databases under its management: Database on registration and inspection of motorized vehicles and heavy-duty vehicles; Database on driver training, driving tests, and issuance of driver’s licenses, certificate of road traffic law training; Database on operators of motorized vehicles and heavy-duty vehicles; Database on road traffic accidents; Database on handling of administrative violations against regulations on road traffic order and safety;

dd) The Ministry of Health shall develop and manage Database on health of operators of motorized vehicles and heavy-duty vehicles.

Article 11. Information on Database on road traffic order and safety

1. Information on registration and management of motorized vehicles and heavy-duty vehicles:

a) Information on owners of motorized vehicles and heavy-duty vehicles:

For individuals: full name; date of birth; gender; personal identification number; phone number (if any); nationality; permanent residence; temporary residence, current residence, vehicle registration address;

For organizations: name of organization; name of legal representative; address; TIN or establishment decision or identification number of organization (if any); phone number;

b) Information on vehicles as prescribed at Point a, Clause 2 of this Article;

c) Information on vehicle registration and management: license plate; license plate color; serial number, date of issue and vehicle registration certificate issuing-authority; vehicle registration deadline; vehicle registration status; vehicle status; serial number, date of issue and authority issuing certificate of vehicle origin; serial number, date of issue, and authority issuing certificate of legitimate ownership; serial number, date of issue, authority issuing records on payment of vehicle registration fee; type of priority vehicle, number, date of expiry, authority issuing license to use priority signal devices.

2. Information on registration of motorized vehicles and heavy-duty vehicles:

a) Technical specifications of vehicle: vehicle type; mark; vehicle type number; paint color; engine number; chassis number; number of seats; beds and standing passenger capacity; allowable payload capacity; gross vehicle weight rating; towing capacity, curb weight; cylinder capacity; power; energy type; year of manufacture; country of manufacture; wheelbase; external dimension; cargo box dimension; wheel formula; wheel marks; the number of tires, tire size and other technical specifications of the vehicle; information of vehicles before and after renovation;

b) Information on management of registration: license plate; license plate color; serial number, date of issue and vehicle registration certificate issuing-authority (if any); serial number, date of issue and authority issuing certificate of technical safety and environmental protection for manufactured, assembled, imported or renovated vehicle; serial number, date of issue, and authority issuing certificate of technical safety and environmental protection inspection; inspection interval; service life; serial number, date of issue, authority issuing customs declaration or enterprise issuing factory release inspection record.

3. Information on invoices related to sale of motorized vehicles and heavy-duty vehicles: serial number, date of issue of invoice; name, TIN, address, phone number of seller; name and address of buyer; name of goods.

4. Information on registration fees of motorized vehicles and heavy-duty vehicles: serial number, date of issue, authority issuing record on payment of vehicle registration fee; value of property from which the registration fee is computed; registration fee amount; information on registration fee payers specified at Point a, Clause 1 of this Article and technical specifications of vehicle specified at Point a, Clause 2 of this Article.

5. Information on the origin of imported or exported vehicles: serial number, date of issue, authority issuing customs declaration; exporter/importer; checkpoint of export/import and technical technical specifications of imported and exported vehicles specified at Point a, Clause 2 of this Article.

6. Information on driver training, driving tests, and issuance of driver’s licenses, certificate of road traffic law training:

a) Full name; personal identification number; date of birth; nationality; place of residence; driver’s license number; certification of completion of driving training course; driver training facility; category of the training vehicle; training course; date of admission; testing authority; testing place (testing center or driver training ground used for test); date of issue, replacement or re-issuance of driver’s licenses; authority issuing, replacing or re-issuing driver’s license; category of driver’s license; validity period of driver’s license; the blank number of driver’s license;

b) Full name; date of birth; training course; duration of training course; results of exam for issuance of certificate; date of passing exam for issuance of certificate; serial number of certificate; date of issue of certificate; facility providing training and issuing certificate; date of replacement or re-issuance of certificate; authority replacing or re-issuing certificate.

7. Information on operators of motorized vehicles and heavy-duty vehicles: full name; personal identification number; date of birth; nationality; place of residence; driver’s license number, category of driver’s license, category of driver’s license issuing-authority, number of certificate of road traffic law training, facility providing training and issuing certificate; medical check-up results of operator.

8. Information on compulsory civil liability insurance of owners of motorized vehicles and heavy-duty vehicles:

a) Information on owners of motorized vehicles and heavy-duty vehicles:

For individuals: full name; date of birth; gender; personal identification number; phone number (if any); nationality; permanent residence; temporary residence, current residence, vehicle registration address.

For organizations: name of organization; name of legal representative; address; TIN or establishment decision or identification number of the organization (if any); phone number;

b) Information on motorized vehicle: license plate or engine number; chassis number, vehicle type, tonnage (for automobiles), number of seats (for automobiles), purpose of use (for automobiles), mark, capacity, paint color, year of manufacture;

c) Information on insurer: name, address, hotline;

d) Insurance liabilities to third parties and passengers;

dd) Responsibilities of motorized vehicle owners and drivers when accidents occur;

e) Insurance policy period, serial number of insurance certificate, insurance premium, time limit for insurance premium payment, date and place of issue of the application, and application issuer (if any);

g) Information on payment for compulsory civil liability insurance of motorized vehicle owners; information on accidents, administrative penalties, registration related to motorized vehicles collected through connection with databases of the Ministry of Public Security and the Ministry of Transport.

9. Information on handling of administrative violations against regulations on road traffic order and safety:

Information in Database on handling of administrative violations against regulations on road traffic order and safety meets the general requirements of the National Database on administrative penalties for violations and the following requirements:

a) Information on violators:

For individuals: full name; date of birth; gender; personal identification number; profession; current residence; personal identification number, passport number or international laissez-passer number (for foreigners); date of issue, place of issue;

For organizations: name of the organization; address of the head office; enterprise code; serial number of investment registration certificate, serial number of enterprise registration certificate or serial number of establishment and operation license; date of issue, place of issue; legal representative, gender, title;

b) Information on vehicles involved in violations: license plate, paint color, vehicle type;

c) Information on violations: violation; time and place of committing violation; violation -related regulations of legislative documents on handling of administrative violations against regulations on road traffic order and safety;

d) Information on penalties: aggravating circumstances (if any); extenuating circumstances (if any); main penalties; total fines; additional penalties (if any); remedial measures (if any); time limit for execution;

dd) Information on management measures of deduction of points of driver’s licenses: full name of driver’s license holder; date of birth; gender; nationality; profession; current residence; personal identification number, passport number; driver’s license number; category of driver’s license; available points, deducted points, remaining points; time for restoration of points (for cases where all points are deducted);

e) Agencies of issuers of decisions on imposition of penalties, deduction and restoration of points of driver’s licenses; full names and positions of issuers.

10. Information on road vehicle trip, driver images:

a) Information on vehicles: vehicle license plate, vehicle type, paint color, mark, vehicle type number, year of manufacture; serial number, date of issue, date of expiry of inspection certificate; information on transport service provider, traffic ambulance and rescue service provider, vehicle owner;

b) Information on road vehicle trip: time, route; speed; distance; location of vehicle;

c) Information on vehicle operators: full name; date of birth; address; driver’s license; data on driver’s image; old violations;

d) Information on traffic violations and traffic accidents; handling measures.

11. Information on vehicle usage of drivers: time; transport service provider; license plate; full name of driver; driver’s license number; type of activity; start time; time of end; driving time.

12. Information on road traffic accidents:

a) Information on consequences and damages: number of cases, number of deaths, number of injured persons, damaged property, classification of traffic accidents, road traffic safety factor;

b) Information on the results of investigation and handling: number of cases where administrative penalties are imposed and number of cases of where criminal penalties are imposed;

c) Information on time, location and road traffic infrastructure;

d) Information on vehicles involved in traffic accidents: vehicle license plate; vehicle type; mark; paint color; engine number; chassis number; cylinder capacity or horsepower; number of seats, beds and standing passenger capacity; origin; serial number of vehicle registration certificate; date of expiry; serial number, date of issue, date of expiry of inspection certificate;

dd) Information on persons involved in traffic accidents: full name; date of birth; personal identification number, passport number or international laissez-passer number (for foreigners); residence, gender (male, female), nationality, ethnic group, profession, phone number (if any); injury; vehicle operators, involved persons; victims; persons with relevant interests and obligations;

e) Information on traffic accident documents: record of scene examination; scene diagram; photos of the scene; record of examination of vehicles involved in traffic accidents; testimony record; documents proving consequences and damage; documents related to vehicles and vehicle operators; other relevant documents;

g) Information on developments, causes and conditions leading to road traffic accidents;

h) Information on recommendations on organizing traffic at place of occurrence of road traffic accidents.

13. Information on health of operators of motorized vehicles and heavy-duty vehicles: full name; personal identification number; date of birth; practice of automobile operation or not; workplace (for automobile operators); facility providing medical check-up; time of medical check-up; clinical examination results; subclinical examination results; conclusion on health of vehicle operators.

Article 12. Collection of information on Database on road traffic order and safety

1. Information specified in Clause 1, Clause 2, Clause 3, Clause 4, Clause 5, Article 11 hereof shall be collected from:

a) National Database on Population;

b) Database on registration of motorized vehicles and heavy-duty vehicles developed and managed by the Ministry of Transport;

c) National Database on Finance;

d) Database on registration and management of motorized vehicles and heavy-duty vehicles developed and managed by the Ministry of Public Security;

dd) Databases related to road traffic order and safely.

2. Information specified in Clause 6, Article 11 hereof shall be collected from:

a) Database on driver training, driving tests, and issuance of driver’s licenses, certificate of road traffic order and safely law training developed and managed by the Ministry of Transport;

b) Database on driver training, driving tests, and issuance of driver’s licenses, certificate of road traffic order and safely law training in the People’s Public Security Force developed and managed by the Ministry of Public Security;

c) Databases specified at points a and dd, clause 1 of this Article;

3. Information specified in Clause 7, Article 11 hereof shall be collected from:

a) Databases specified at points a and dd, Clause 1; points a and b, Clause 2 of this Article;

b) Database on health of operators of motorized vehicles and heavy-duty vehicles developed and managed by the Ministry of Health.

4. Information specified in Clause 8, Article 11 hereof shall be collected from:

a) Databases specified at points a, d, dd, clause 1 of this Article;

b) Database on compulsory civil liability insurance of motorized vehicle owners in accordance with the Government’s regulations on compulsory civil liability insurance of motorized vehicle owners.

5. Information specified in Clause 9, Article 11 hereof shall be collected from:

a) Databases specified at points a, b, d, dd, Clause 1; points a and b, Clause 2; point b, Clause 4 of this Article;

b) Database on road vehicle trip, driver images;

c) Database on road vehicle usage of drivers;

d) Database on road traffic accidents;

dd) Database on handling of administrative violations against regulations on road traffic order and safety.

6. Information specified in Clause 10, Article 11 hereof shall be collected from databases specified at points a, b, d, dd, Clause 1; points a and b, Clause 2; points b, d, dd, Clause 5 of this Article.

7. Information specified in Clause 11, Article 11 hereof shall be collected from databases specified at points a, d, dd, Clause 1; points a and b, Clause 2; point c, Clause 5 of this Article.

8. Information specified in Clause 12, Article 11 hereof shall be collected from databases specified at points a, b, d, dd, Clause 1; point b, Clause 4; points b and d, Clause 5 of this Article.

9. Information specified in Clause 13, Article 11 hereof shall be collected from:

a) Databases specified at points a and dd, clause 1 of this Article;

b) Database on health of operators of motorized vehicles and heavy-duty vehicles developed and managed by the Ministry of Health.

Article 13. Update of information on Database on road traffic order and safety

1. Information on Database on road traffic order and safety ( including amendments to information) shall be updated from:

a) Results of carrying out administrative procedures, handling administrative violations against regulations on road traffic order and safety and other relevant professional activities;

b) Amendments made by agencies, organizations or individuals in cases of change to information or detection of incomplete or inaccurate information on Database on road traffic order and safety;

c) Other sources as prescribed by law.

2. Authorities directly developing, managing, operating, and using databases specified in Clause 3, Article 10 hereof shall revise information on databases under their management and synchronize it with Database on road traffic order and safety in accordance with laws on data connection and sharing.

Article 14. Connection, sharing, and use of information on Database on road traffic order and safety

1. Connection and sharing of information between Database on road traffic order and safety with specialized databases and other databases shall comply with the Law on Road Traffic Order and Safety and the Government’s regulations on management, connection and sharing of digital data within state agencies and other relevant regulations.

2. State regulatory agencies issued with a permission to connect and share Database on road traffic order and safety shall, based on their functions and tasks, use such Database for state management as prescribed.

3. Agencies, organizations or individuals may use information on Database on road traffic order and safety shared on the National Public Service Portal, the Public Service Portal of the Ministry of Public Security, applications of the traffic police force and other use methods in accordance with law.

Article 15. Management of Database on road traffic order and safety

1. Database on road traffic order and safety shall be centrally and uniformly managed at the Ministry of Public Security.

2. Ministries, ministerial-level agencies and Governmental agencies shall, based on assigned tasks and powers, cooperate with the Ministry of Public Security in developing and managing Database on road traffic order and safety in accordance with law.

3. People’s Committees of provinces and municipalities shall, based on assigned tasks and powers, perform the state management of Database on road traffic order and safety according to their competence.

Article 16. Funding for development, operation, use, maintenance, and upgrading of Database on road traffic order and safety

1. Funding for development, operation, use, maintenance, and upgrading of Database on road traffic order and safety of ministries, ministerial-level agencies, Governmental agencies, and provincial People’s Committees shall comply with the Government’s regulations on management of information technology application investment funded by the state budget and other relevant legal provisions.

2. Funding for development, operation, use, maintenance, and upgrading of Database on road traffic order and safety shall be covered by funds granted to the Ministry of Public Security from the state budget as prescribed and revenues from administrative fines for violations against regulations on road traffic order and safety, license plate auction prices after payment to the state budget and other funding sources as prescribed by law.

Chapter IV

MANAGEMENT, INSTALLATION, AND USE OF DEVICES EMITTING PRIORITY SIGNALS OF PRIORITY VEHICLES AND PROCEDURES FOR ISSUANCE, RE-ISSUANCE, AND REVOCATION OF LICENSE TO USE PRIORITY SIGNAL DEVICES

Article 17. Devices emitting priority signals of priority vehicles

1. Devices emitting priority signals include priority lights, priority horns, priority flags.

2. Installation of devices emitting priority signals:

a) Priority automobiles shall be equipped with a priority light on the roof of vehicle; a priority horn inside vehicle or on the roof of vehicle; a priority flag on the vehicle head and the driver’s left side;

b) Priority motorbikes shall be equipped with a priority light on the anti-fall bar; a priority horn in the front of the vehicle head; a priority flag on the vehicle head and the driver’s left side;

c) Priority vehicles of police and military police forces in the performance of emergency duty and leading traffic police vehicles shall be equipped with a red light on the driver’s left side and blue light on the driver’s right side.

3. Management of devices emitting priority signals:

a) A license to use devices emitting priority signals issued by a competent authority is required when installing them on priority vehicles;

b) Agencies, organizations or individuals may only install and use devices emitting priority signals on vehicles specified in Article 18 hereof.

4. Trading devices emitting priority signals must meet requirements on security and order for certain conditional business lines as prescribed by law.

Article 18. Vehicles eligible for installation and use of devices emitting priority signals

1. Fire trucks of fire fighting and rescue police department and fire trucks of other forces mobilized to perform firefighting tasks.

2. Military vehicles in the performance of emergency duty, consisting of: military vehicles in the performance of the command of fighting, rescue, tactics, information for the performance of express duties, and command of marching groups, vehicles in the performance of military police, military inspection, and group protection; vehicles in the performance of seizing, searching or conducting other investigation, escorting suspects, defendants, criminals; vehicles engaging in anti-terrorism.

3. Police vehicles in the performance of emergency duty, consisting of: Traffic police vehicles in the performance of patrol, inspection, control, command, investigation and handling of traffic accidents; vehicles in the performance of guard duty; vehicles on rescue duty; vehicles in the performance of arresting, searching or conducting other investigations, escorting suspects, defendants, criminals; vehicles on express duties; vehicles in the performance of fighting protests, riots, dispersing crowds disrupting publicly; vehicles in the performance of anti-terrorism and hostage rescuing.

4. Vehicles of military police force in the performance of emergency duty, consisting of: vehicles in the performance of arresting, searching or conducting other investigations.

5. Leading traffic police vehicles.

6. Ambulances in the performance of rescue duty.

7. Embankment personnel transport in the performance of duty; vehicles in the performance of rescue, natural disaster remediation, epidemic remediation duty.

8. Vehicles in the performance of emergency duty as per the law, consisting of: vehicles serving the Steering Committee, vehicles serving functional forces mobilized to perform duties when the state of emergency is declared.

Article 19. Signals, technical requirements for devices emitting priority signals

1. Signals, technical requirements for devices emitting priority signals are specified as follows:

a) Red flashing light, blue flashing light, and blue and red flashing light of priority lights shall be used in accordance with the technical requirements specified in Appendix I enclosed herewith;

b) Signals of priority horns shall comply with the technical requirements specified in Appendix l enclosed herewith;

c) Technical requirements of priority flags shall comply with Appendix l enclosed herewith;

2. Priority signals of priority vehicles:

a) Fire trucks of fire fighting and rescue police department and fire trucks of other forces mobilized to perform firefighting tasks: red flashing light, priority horn;

b) Military vehicles in the performance of emergency duty: red flashing light, priority horn, military flag;

c) Vehicles of police and military police forces in the performance of emergency duty: blue and red flashing light, priority horn;

d) Leading traffic police vehicles: blue and red flashing light, priority horn, police flag;

dd) Ambulances in the performance of rescue duty: red flashing light, priority horn;

e) Embankment personnel transport in the performance of duty; vehicles in the performance of rescue, natural disaster remediation, epidemic remediation duty or vehicles in the performance of emergency duty as per the law: blue flashing light.

Article 20. Application for issuance/re-issuance of license to use devices emitting priority signals

1. Application for issuance of a license to use devices emitting priority signals:

Agencies and organizations shall submit 01 application to the competent authorities specified in Clauses 1, 2 and 3, Article 23 hereof. The application includes:

a) Application form for a license using Form No. 02b specified in Appendix II enclosed herewith;

b) For vehicles specified in Clause 6, Clause 7 and Clause 8, Article 18 hereof: regulatory documents on functions and tasks, other proof of applicant’s satisfaction with requirements for using devices emitting priority signals.

The applicant is not required to provide such proof which may be provided through databases connected to and shared with the licensing authority.

2. A license to use devices emitting priority signals shall only be issued to ambulances when regulations on standards and use of ambulances as prescribed by the Minister of Health are complied with.

3. Where an issued license to use devices emitting priority signals is damaged, lost or expires, agencies or organizations using priority vehicles shall submit an application form for re-issuance of a license using Form No. 02b specified in Appendix II enclosed herewith.

Article 21. Procedures for issuance/re-issuance of license to use devices emitting priority signals

1. The applying agency or organization shall submit an application for a license or an application form for re-issuance specified in Clauses 1 and 3, Article 20 hereof online at the Public Service Portal; via postal services; directly to the competent authorities specified in Clauses 1, 2 and 3, Article 23 hereof.

2. Within 02 working days from the date of receipt of a valid application or application form, the receiving authority shall issue or re-issue a license to the applicant or give a written reply clearly stating the reason in case of ineligibility for licensing.

3. In the state of emergency prescribed in Clause 8, Article 18 hereof, the applicant may exchange with competent authorities specified in Clause 1, Clauses 2 and 3, Article 23 hereof to obtain a license issued before sending an application as prescribed in Clause 1, Article 20 hereof.

4. Licensing authorities shall update information in licenses to use devices emitting priority signals into databases for management in case of processing physical applications.

Article 22. License to use devices emitting priority signals

1. Format and content of license to use devices emitting priority signals shall comply with Form No. 02a specified in Appendix II enclosed herewith.

2. The validity period of license to use devices emitting priority signals:

a) The validity period of a license to use devices emitting priority signals shall be no more than 05 years from the date of issue and not exceed the vehicle’s date of expiry;

b) A license to use devices emitting priority signals for vehicles in the performance of emergency duty prescribed in Clause 8, Article 18 hereof shall be invalid immediately after completion of emergency duty.

3. A license to use devices emitting priority signals shall be revoked in the following cases:

a) The priority vehicle is damaged and cannot be repaired; the priority vehicle has exhausted its service life;

b) The priority vehicle is repurposed or liquidated;

c) The license is issued to ineligible vehicles or expires;

d) The devices emitting priority signals are used for unintended purposes or in contravention of the issued license.

4. Agencies and organizations holding licenses to use devices emitting priority signals shall return the issued licenses subject to revocation specified in Clause 3 of this Article to their previously licensing authorities.

Article 23. Competence to issue, re-issue, revoke license to use devices emitting priority signals

1. The Traffic Police Department affiliated to the Ministry of Public Security shall issue, re-issue and revoke licenses to use devices emitting priority signals for vehicles of ministries, departments and central authorities, except for military vehicles in the performance of emergency duty.

2. Traffic Police Divisions affiliated to Provincial Police Departments shall issue, re-issue and revoke licenses to use devices emitting priority signals for vehicles of agencies, units and organizations within province, except for military vehicles in the performance of emergency duty.

3. The General Staff affiliated to the Ministry of National Defense shall issue, re-issue and revoke licenses to use devices emitting priority signals for military vehicles in the performance of emergency duty.

4. Licensing and revoking authorities shall produce statistics and monitor issuance and revocation of licenses according to Form No. 02c in Appendix II enclosed herewith.

Article 24. Responsibility for management and use of devices emitting priority signals

1. The Ministry of Public Security shall direct functional units to manage, install and use devices emitting priority signals; issue and revoke licenses to use devices emitting priority signals specified in this Decree, except for priority vehicles under the management of the Ministry of National Defense.

2. The Ministry of National Defense shall direct functional units to manage, install and use devices emitting priority signals; issue and revoke licenses to use devices emitting priority signals for priority vehicles under the management of the Ministry of National Defense.

3. Before December 15 every year, agencies and organizations holding licenses to use devices emitting priority signals shall submit a statistics report on management and use of devices emitting priority signals using Form No. 02 specified in Appendix II enclosed herewith to their previously licensing authorities for management.

Chapter V

ISSUANCE OF OPERATION LICENSE FOR SMART VEHICLES; OPERATING REQUIREMENTS OF NON-MOTORIZED VEHICLES; INSTALLATION OF TRACKING DEVICES AND IN-CABIN DRIVER CAMERAS

Article 25. Issuance of operation license for smart vehicles

1. Smart vehicles mean motorized vehicles specified in Clause 4, Article 34 of the Law on Road Traffic Order and Safety.

The classification of smart vehicles eligible for partial or entire automation, certification of technical safety and environmental protection of smart vehicles shall comply with the regulations of the Minister of Transport.

2. An application for an operation license includes:

a) An application form for a license using Form No. 03a specified in Appendix III enclosed herewith;

b) Certificate of technical safety and environmental protection.

3. Procedures:

a) The vehicle owner (the applicant) shall submit 01 application specified in Clause 2 hereof online at the Public Service Portal, via postal services, or directly to licensing authorities.

b) The licensing authority shall receive and check the application. Within 07 working days from the date of receipt, the competent authority shall look up vehicle registration data on the vehicle registration and management system and compare it with the information in the owner’s application. In case of a valid application, the competent authority shall shall issue an operation license using Form No. 03b specified in Appendix III enclosed herewith or give a written reply clearly stating the reason in case of an invalid application;

c) The issued operation license for smart vehicles shall be replaced in case of damage or re-issued in case of loss.

In this case, the vehicle owner or authorized person shall submit an application for replacement or re-issuance of operation license using Form No. 03 a specified in Appendix III enclosed herewith to previously licensing authorities through one of the methods specified at Point a of this Clause. Within 02 working days from the date of receipt of the application, the licensing authority shall replace or re-issue operation license or give a written reply clearly stating the reason in case of ineligibility for replacement or re-issuance.

4. The Traffic Police Department affiliated to the Ministry of Public Security shall issue operation licenses for smart vehicles, except for smart vehicles used for defense purposes with operation licenses issued by the Department of Vehicles affiliated to the Ministry of National Defense.

5. A operation license for smart vehicles shall be revoked in the following cases:

a) The service life of the smart vehicle has expired or the vehicle is not permitted for use on public roads;

b) The smart vehicle is damaged beyond serviceable;

c) The smart vehicle is discarded or lost;

d) The application for operation license is found to be fraudulent after issuing the license; the license is issued ultra vires.

6. Vehicle owners or authorized persons as prescribed by law shall return the issued operation licenses subject to revocation as prescribed in Clause 5 of this Article to their previously licensing authorities.

Article 26. Operating requirements of non-motorized vehicles

1. Operating requirements of non-motorized vehicles specified at Points a, b, c, e, Clause 2, Article 34 of the Law on Road Traffic Order and Safety are specified as follows:

a) Have an operable brake system;

b) Have a warning audio emission device (horn);

c) Have front lights or reflective panels; rear signal lights or reflective panels.

Where regulations on standards and technical regulations for non-motorized vehicles specified in this Clause are available, these regulations shall apply.

2. Non-motorized vehicles specified at Points d and dd, Clause 2, Article 34 of the Law on Road Traffic Order and Safety must be outfitted with reflective panels or luminous devices for identification.

Article 27. Tracking devices installed on automobiles used in transportation services, hauling units, ambulances, road recovery vehicles

1. Automobiles used in transportation services, hauling units, ambulances, road recovery vehicles must be outfitted with tracking devices that meet technical requirements as prescribed in the National Technical Regulation on tracking devices and in-cabin driver cameras.

2. Information and data collected from tracking devices installed on automobiles used in transportation services, hauling units, ambulances, road recovery vehicles shall be used for road traffic order, safety, security assurance and handling of violations, state management of road transport and be connected and shared with the Ministry of Transport (Department for Roads of Viet Nam), Departments of Transport of provinces and municipalities and relevant agencies in accordance with law.

Article 28. In-cabin driver cameras installed on passenger automobiles of at least 8 seats (excluding the driver’s seats) used in transportation services, hauling units, ambulances, road recovery vehicles

Passenger automobiles of at least 8 seats (excluding the driver’s seats) used in transportation services, hauling units, ambulances, road recovery vehicles must be outfitted with in-cabin driver cameras that meet technical requirements as prescribed in the National Technical Regulation on tracking devices and in-cabin driver cameras.

Article 29. Management and use of devices, transmission, provision, update, archival and use of data collected from tracking devices and in-cabin driver cameras

Management and use of devices, transmission, provision, update, archival and use of data collected from tracking devices and in-cabin driver cameras shall comply with the provisions of law on management, operation and use of the data management system of tracking devices and in-cabin driver cameras.

Article 30. Paint colors of automobiles transporting preschool children and students

1. Automobiles transporting preschool children and students specified at point a, Clause 1, Article 46 of the Law on Road Traffic Order and Safety must be painted in dark yellow on outside of the vehicle body. Automobiles transporting preschool children and students must be outfitted with identification signs on the vehicle’s front and two sides above windows.

2. Automobiles transporting preschool children and students specified at Clause 2, Article 46 of the Law on Road Traffic Order and Safety must be outfitted with identification signs on the vehicle’s front and sides above windows.

Article 31. Assistance of drivers, issuance of warnings to other road users and vehicles and other road traffic safety measures when necessary for oversized, overload vehicles, tracked vehicles, vehicles carrying oversized, overload goods running on road

1. Cases in which road traffic safety assurance measures must be taken include:

a) Operating oversized, overload vehicles, tracked vehicles, vehicles carrying oversized, overload goods with a exterior width of more than 3.5 meters or a exterior length of more than 25 meters (including carried goods) on public roads;

b) Operating vehicles through road structures to be reinforced, roads that are obscured from view, two-way roads with only one lane in each direction or one-way roads with one lane which is difficult for other vehicles to avoid or overtake;

c) Operating vehicles on roads that are damaged or degraded or have force majeure events.

2. Road traffic safety assurance measures include:

a) Organizations or individuals holding permits for operating oversized, overload vehicles, tracked vehicles, vehicles carrying oversized, overload goods must arrange people and vehicles assisting drivers, issuing warnings to other road users and vehicles;

b) Vehicles run to assure safety of road users and vehicles;

Chapter VI

ROAD TRAFFIC ORDER AND SAFETY ASSURANCE FOR FOREIGNERS’ RIGHT-HAND DRIVE AUTOMOBILES REGISTERED OVERSEAS AND RUNNING ON VIETNAMESE ROADS; FOREIGN MOTORIZED VEHICLES BROUGHT INTO VIETNAM BY FOREIGNERS FOR TOURISM PURPOSES

Article 32. Foreign motorized vehicles and foreigners operating foreign motorized vehicles on Vietnamese road

1. Foreign motorized vehicles brought into Vietnam by foreign tourists consist of: passenger right-hand drive or left-hand drive automobiles with up to 8 seats(excluding the drive’s seat), motor caravans; two-wheeled motorbikes.

2. Foreigners’ right-hand drive automobiles running on Vietnamese roads for non-tourism purposes are passenger automobiles.

3. General requirements for foreign motorized vehicles to run on Vietnamese roads and foreigners to operate foreign motorized vehicles on Vietnamese roads:

a) Have written approvals for organizing foreigners to bring foreign motorized vehicles into Vietnam for running on Vietnamese roads;

b) Carry out procedures for approval via Vietnamese international travel service providers for vehicles specified in Clause 1 of this Article;

c) Have diplomatic notes of diplomatic representative missions, consular missions, or representative missions of inter-governmental international organizations in Vietnam to request and specify the reason for permission for vehicles specified in Clause 2 of this Article to run on Vietnamese roads.

4. Requirements for foreign motorized vehicles to run on Vietnamese roads:

a) Have valid vehicle registration certificates with license plates issued by competent authority of the nation where the vehicles were registered;

b) Have valid certificates of technical safety and environmental protection inspection for motorized vehicles or equivalences issued by competent authority of the nation where the vehicles were registered (for automobiles).

5. Requirements for foreigners to operate foreign motorized vehicles on Vietnamese roads:

a) Have passports, visas, international laissez-passers or valid documents concerning residence in Vietnam, except for cases where visas are exempted and fail to be suspended from entry in the cases specified in the law on entry, exit, transit and residence of foreigners in Vietnam.

In case of foreigners entering Vietnam under unilateral visa exemption, their passports must be valid for at least 6 months; foreigners using e-visas shall enter through international border checkpoints decided by the Government of Vietnam in accordance with the law on entry, exit, transit and residence of foreigners in Vietnam;

b) Have valid foreign-issued driver’s licenses conforming with the vehicle type for use within Vietnamese territory.

6. Custom procedures, entry, exit procedures and time limit for operation on Vietnamese roads:

a) Only carry out temporary import and re-export at international border checkpoints approved by competent authorities;

b) Carry out entry and exit procedures in accordance with the law on entry, exit, transit and residence of foreigners in Vietnam;

c) Carry out customs procedures for temporary import and re-export according to customs laws immediately at the entry and exit border checkpoints;

d) The maximum time limit for operation on Vietnamese roads shall not exceed the entry visa period or entry visa exemption period for foreigners entering Vietnam in accordance with the law on entry, exit, transit and residence of foreigners in Vietnam from the date of approval.

Where foreigners and foreign motorized vehicles are unable to exit Vietnamese territory due to events that are unexpected and cannot be rectified immediately, even after all appropriate and feasible measures have been taken, they may stay in Vietnam for up to 10 more days and must carry out the procedures specified at Point c, Clause 4 of the Article 33 hereof.

Article 33. Granting approval for Vietnamese international travel service providers to enable foreigners to bring foreign motorized vehicles into Vietnam for tourism purpose or organizations or individuals to bring right-hand drive automobiles into Vietnam for operation on public roads for non-tourism purposes

1. Vietnamese international travel service providers enabling foreigners to bring foreign motorized vehicles into Vietnam for tourism purpose as prescribed at Clause 1, Article 32 hereof shall submit an application to the Traffic Police Department affiliated to The Ministry of Public Security online at the Public Service Portal of the Ministry of Public Security, via postal services, or directly; The application includes:

a) An application form for approval, enclosed with a list of operators and information on motorized vehicles, using Form No. 04a specified in Appendix IV enclosed herewith;

b) A copy of the license to provide international travel services for Vietnamese international travel service providers initially applying for approval. c) Where a license to provide international travel services is accessed by connection or sharing, the application form specified at point a of this Clause is required.

2. Organizations or individuals bringing right-hand drive automobiles into Vietnam for operation on public roads for non-tourism purposes as prescribed at Clause 2, Article 32 hereof shall submit an application to the Traffic Police Department affiliated to The Ministry of Public Security online at the Public Service Portal of the Ministry of Public Security, via postal services, or directly; The application includes:

a) Diplomatic notes of diplomatic representative missions, consular missions, or representative missions of inter-governmental international organizations in Vietnam to request and specify the reason for permission for vehicles to run on Vietnamese roads.

b) An application form for approval, enclosed with a list of operators and information on motorized vehicles, using Form No. 04a specified in Appendix IV enclosed herewith;

3. Within 05 working days from the date of receipt of a valid application specified in Clauses 1 and 2 of this Article, the Traffic Police Department affiliated to The Ministry of Public Security shall issue a written approval or disapproval. To be specific:

a) In case of approval, the Traffic Police Department affiliated to The Ministry of Public Security shall send a written approval using Form No. 04b specified in Appendix IV enclosed herewith directly or online or via postal service to the applicant and functional units affiliated to The Ministry of Culture, Sports and Tourism, the Ministry of Foreign Affairs, the Ministry of Transport, the Ministry of National Defense, the Ministry of Finance, and the People’s Committees of relevant provinces and municipalities for cooperation in management;

b) In case of disapproval, the Traffic Police Department affiliated to The Ministry of Public Security shall send a written disapproval using Form No. 04 specified in Appendix IV enclosed herewith directly or online or via postal service to the applicant;

The cases in which Vietnamese international travel service providers must enable foreigners to bring foreign motorized vehicles into Vietnam for tourism purpose; and must not enable other organizations or individuals to bring right-hand drive motor vehicles into Vietnam for operation on public roads include: failing to meet the requirements specified in Clauses 3, 4, and 5, Article 32 hereof; committing any violations of previously issued written approval; having not fully fulfilled the requirements of competent state agencies on handling violations of law or traffic accidents of foreigners, previously caused incidents related to foreign motorized vehicles; finding that identity of foreigners or activities, routes, roads and operation time of foreigners would threaten national defense, security, social order and safety if they enter Vietnam.

4. In cases of any change in route, roads or the time when foreigners or foreign motorized vehicles exit Vietnam later than the one specified in the written approval or exceed in the maximum time limit for stay in Vietnam in accordance with the law on entry, exit, transit, and residence of foreigners in Vietnam:

Before enabling foreigners to bring foreign motorized vehicles into Vietnam for tourism purpose or bringing right-hand drive automobiles into Vietnam for running on public roads for non-tourism purposes, Vietnamese international travel service providers, organizations, or individuals shall send an application form using Form No. 04d in Appendix IV enclosed herewith to the previously licensing authority online at the Public Service Portal of the Ministry of Public Security; via postal services; directly;

b) The licensing authority shall issue a written approval or disapproval using Form No. 04dd specified in Appendix IV enclosed herewith after receiving the application; at the same time, send the written approval to functional units affiliated to The Ministry of Culture, Sports and Tourism, the Ministry of Foreign Affairs, the Ministry of Transport, the Ministry of National Defense, the Ministry of Finance, and the People’s Committees of relevant provinces and municipalities for cooperation in management;

c) In case of any incident leading to the exit time later than the one specified in the written approval or lather than the expiration of the maximum time limit for stay in Vietnam, Vietnamese international travel service providers, organizations, or individuals shall immediately notify the previously licensing authority and contact the police authority where the incident occurred; send a report on remediation results using Form No. 04e specified in Appendix IV enclosed herewith to the previously licensing authority.

5. Actions against Vietnamese international travel service providers holding written approval for enabling foreigners to bring foreign motorized vehicles into Vietnam for tourism purpose; organizations or individuals written approval for bringing right-hand drive automobiles into Vietnam for running on public roads for non-tourism purposes in case they commit violations:

a) In case any of the contents in the written approval is violated, the previously licensing authority shall issue a document on temporary suspension using Form No. 04c specified in Appendix IV enclosed herewith and refuse to grant entry to other delegations of Vietnamese international travel service providers, organizations or individuals for 06 months from the date of such violation.

b) Where a foreigner commits a violation against Vietnamese law committed a foreigner and the request of the competent state agency has not been fully complied with, the previously licensing authority shall issue a document on temporary suspension using Form No. 04c specified in Appendix IV enclosed herewith until such violation is completely handled.

Article 34. Operation of foreign motorized vehicles by foreigners on Vietnamese roads

1. Foreigners shall operate foreign motorized vehicles on Vietnamese roads under the delegation and follow a leading vehicle operator. The leading vehicle is a automobile or motorbike suitable for vehicles used in the delegation.

2. Foreigners may operate foreign motorized vehicles on Vietnamese roads, routes, and during time specified in written approval issued by competent authorities.

3. Foreigners operating foreign motorized vehicles on Vietnamese road shall comply with the provisions of Vietnamese law on road traffic order and safety; carry and present the following documents at the request of competent authorities:

a) Passports, visas, international laissez-passers or documents concerning residence in Vietnam;

b) Unexpired foreign-issued driver’s licenses conforming with the vehicle type for use within Vietnamese territory.

c) Unexpired certificates of technical safety and environmental protection inspection for motorized vehicles or equivalences issued by competent authority of the nation where the vehicles were registered (for automobiles).

d) Unexpired vehicle registration certificates with license plates issued by competent authorities of the nation where the vehicles were registered;

dd) Compulsory civil liability insurance certificates of motorized vehicle owners valid in Vietnam;

e) Customs declaration for road vehicles temporarily imported for re-export.

Article 35. Responsibilities of Vietnamese international travel service providers; organizations or individuals bringing right-hand drive automobiles into Vietnam for running on public roads for non-tourism purposes

1. Carry out procedures for inviting and granting guarantees to foreigners operating foreign motorized vehicles to enter, exit, or reside in Vietnam, except for cases of visa exemption; comply with the law on entry, exit, transit, and residence of foreigners in Vietnam and other relevant laws.

2. Enable to bring foreign motorized vehicles into Vietnam for running on public roads and bring foreign motorized vehicles out of Vietnamese territory as prescribed; arrange vehicles with operators to lead foreign motorized vehicles running on Vietnamese roads; affix identification logos or flags with the logos of relevant providers or organizations or individuals on vehicles used in the delegation.

3. Comply with the provisions of law on security and order assurance during the operation of foreign motorized vehicles in Vietnam. Manage foreigners to carry out activities in accordance with the program and move according to the registered routes and roads; cooperate in declaring temporary residence in accordance with law.

4. Within 10 days after the end of the program, send a report on program implementation using Form No. 04e specified in Appendix IV enclosed herewith.

5. Take responsibility for handling and settling costs arising due to violations or traffic accidents of foreigners operating foreign motorized vehicles or incidents caused by or concerning foreign motorized vehicles running on Vietnamese roads.

6. Take responsibility for accuracy and legality of documents and information on foreigners and foreign motorized vehicles specified in documents sent to licensing authorities and documents specified in Clauses 4 and 5, Article 32 hereof.

Article 36. Responsibilities of relevant authorities in management of foreigners operating foreign motorized vehicles on Vietnamese roads

1. The Ministry of Public Security shall:

a) Take charge of organizing inspection and control of exit and entry at border checkpoints under its management; carry out procedures for issuing visas and temporary residence certificates for foreigners entering Vietnam in accordance with the law on entry, exit, transit and residence of foreigners in Vietnam;

b) Cooperate with the Ministry of National Defense and the Ministry of Finance in settling procedures for temporary import, re-export of foreign motorized vehicles for running on Vietnamese roads;

c) Inspect and handle violations committed by Vietnamese international travel service providers, organizations or individuals involved in enabling foreigners to operate foreign motorized vehicles on Vietnamese road; foreigners operating foreign motorized vehicles on Vietnamese roads;

d) Notify the Ministry of National Defense, the Ministry of Culture, Sports and Tourism, the Ministry of Foreign Affairs, the Ministry of Transport and diplomatic representative missions, consular missions, or representative missions of inter-governmental international organizations in Vietnam of violations or traffic accidents of foreigners operating foreign motorized vehicles; incidents caused by or concerning foreign motorized vehicles running on Vietnamese roads.

2. The Ministry of Culture, Sports and Tourism shall:

a) Provide guidelines for relevant organizations and individuals to bring foreign motorized vehicles into Vietnam for running on public roads according to the provisions of this Decree;

b) Cooperate with the Ministry of Public Security, the Ministry of Transport, the Ministry of Foreign Affairs, the Ministry of National Defense and the Ministry of Finance in organizing and managing activities of foreigners and foreign motorized vehicles brought into Vietnam;

c) Cooperate with units, administrative divisions and enterprises in researching and developing programs and routes for foreign tourists to travel by road.

3. The Ministry of National Defense shall take charge of the inspection and control of entry and exit at border checkpoints under its management; carry out procedures for border defense, issuance, amendments, supplements, termination of visas, and issuance of temporary residence certificates to foreigners entering Vietnam in accordance with law; cooperate with competent authorities at border checkpoints in supervising vehicles subject to procedures for temporary import and re-export in accordance with law.

4. The Ministry of Finance shall take charge of and cooperate with the Ministry of Public Security of Vietnam and the Ministry of National Defense of Vietnam in carrying out procedures for temporarily importing and re-exporting foreign motorized vehicles brought into Vietnam in accordance with law.

5. The Ministry of Foreign Affairs and the Ministry of Transport shall cooperate with the Ministry of Public Security, the Ministry of National Defense, the Ministry of Finance, the Ministry of Culture, Sports and Tourism and diplomatic missions in Vietnam in organizing and managing activities of foreigners and foreign motorized vehicles brought into Vietnam.

6. People’s Committees of provinces and municipalities shall direct local competent authorities to manage and inspect activities of of foreigners and foreign motorized vehicles brought into Vietnam in accordance with law; notify the Ministry of Public Security, the Ministry of National Defense, the Ministry of Culture, Sports and Tourism, the Ministry of Foreign Affairs, the Ministry of Transport and diplomatic representative missions, consular missions, or representative missions of inter-governmental international organizations in Vietnam of violations or traffic accidents of foreigners operating foreign motorized vehicles; incidents caused by or concerning foreign motorized vehicles running on Vietnamese roads.

Chapter VII

IMPLEMENTATION PROVISIONS

Article 37. Transitional provisions

1. Licenses to use devices emitting priority signals issued before the effective date of this Decree to vehicles specified in Clause 1, Clause 2, Clause 3 and Clause 5, Article 18 hereof shall remain effective until the expiry date specified on the license; for licenses to use devices emitting priority signals issued before the effective date of this Decree to vehicles specified in Clauses 6, 7 and 8, Article 18 hereof, agencies and organizations holding licenses shall carry out procedures for issuance of a new license under the provisions of Chapter IV hereof.

2. Where the competent authority has issued a written approval for Vietnamese international travel service providers to enable foreigners to bring foreign motorized vehicles into Vietnam for tourism purpose; enable organizations or individuals to bring right-hand drive automobiles into Vietnam for running on public roads for non-tourism purposes before the effective date of this Decree, they may continue to implement the issued written approval.

Article 38. Entry into force

1. This Decree comes into force from January 1, 2025.

2. From the effective date of this Decree, the following documents, articles and clauses and regulations will be annulled:

a) The Government’s Decree No. 109/2009/ND-CP dated December 1, 2009 on the signals of priority vehicles, the Government’s Decree No. 30/2024/ND-CP dated March 07, 2024 on the management of motorized vehicles registered overseas, brought into Vietnam by foreign tourists, the Government’s Decree No. 80/2009/ND-CP of October 1, 2009 on foreigners’ right-hand drive automobiles registered overseas and running on Vietnamese roads;

b) Article 12, Clause 2 Article 13, Clause 2 Article 14, Clause 13 Article 22, Clause 9 Article 23, Clause 3 Article 26, Clause 5, Clause 8 Article 34 of the Government’s Decree No. 10/2020/ND-CP dated January 17, 2020 on provision and conditions for providing automobile transportation services (amended by the Government’s Decree No. 47/2022/ND-CP dated July 19, 2022, Decree No. 41/2024/ND-CP dated April 16, 2024);

c) The phrase “Thiết bị giám sát hành trình của xe ô tô” (“tracking devices installed on automobiles“) specified in Clause 4, the phrase “Cung cấp, quản lý và sử dụng dữ liệu từ thiết bị giám sát hành trình của xe ô tô; cung cấp, quản lý và sử dụng dữ liệu hình ảnh từ camera lắp trên xe ô tô kinh doanh vận tải;” (“provision, management and use of data collected from tracking devices installed on automobiles; tracking devices installed on automobiles used in transportation services;“) specified at Point c, Clause 5, the phrase “, trong đó có hệ thống xử lý dữ liệu từ thiết bị giám sát hành trình của xe ô tô” (“, including the system for processing data collected from tracking devices installed on automobiles“) specified in Clause 7, Article 23; the phrase “thiết bị giám sát hành trình của xe ô tô và” (“tracking devices installed on automobiles and“) specified in Clause 1, Article 27; the phrase “, trong đó có hệ thống xử lý dữ liệu từ thiết bị giám sát hành trình của xe ô tô” (“, including the system for processing data collected from tracking devices installed on automobiles“) specified in Clause 3, Article 30, Article 32 of the Government’s Decree No. 10/2020/ND-CP dated January 17, 2020 on provision and conditions for providing automobile transportation services (amended by the Government’s Decree No. 47/2022/ND-CP dated July 19, 2022, Decree No. 41/2024/ND-CP dated April 16, 2024).

Article 39. Responsibility for implementation

Ministers, Directors of ministerial agencies, Directors of governmental agencies, Presidents of the People’s Committees of provinces and municipalities, and relevant authorities shall implement this Decree./.