DECREE No DECREE No. 36/2001/ND-CP OF JULY 10, 2001 ON ENSURING LAND-ROAD TRAFFIC ORDER AND SAFETY AND URBAN TRAFFIC ORDER AND SAFETY THE GOVERNMENT Pursuant to the September 30, 1992 Law on Organization of the Government; At the proposal of the Minister of Communications and Transport, DECREES: Chapter I GENERAL PROVISIONS Article 1.- To promulgate, together with this Decree, the Regulation on Land-Road Traffic Order and Safety and Urban Traffic Order and Safety; to define the tasks and powers of the ministries, branches and the People�s Committees of the provinces and centrally-run cities in ensuring land-road and urban traffic order and safety. Article 2.- The State agencies, economic organizations, social organizations, armed force units and all individuals shall have to strictly observe the law provisions on land-road and urban traffic order and safety. All foreign organizations and individuals working and/or residing on the Vietnamese territory shall have to scrupulously observe all regulations on land-road and urban traffic order and safety. Article 3.- Vietnam Fatherland Front and its member organizations shall, within the scope of their tasks and powers, have to participate, educate and encourage people in, and supervise, the observance of the regulations on land-road and urban traffic order and safety. Article 4.- 1. All acts of violating the land-road and urban traffic order and safety must be handled strictly, against the right persons, on the right counts and in accordance with law. Upon the handling of violations, the offenders� faults must be based on, regardless of whether they are pedestrians or operators of rudimentary or motorized means. The principle that everybody is equal before law shall apply. With regard to means joining in traffic with hired drivers being behind the wheel, the responsibility of the drivers and the means owners should be made clear. 2. Those who take advantage of accidents to incite, pressure or obstruct the handling thereof shall also be handled according to law. 3. Those who perform the official duties regarding land-road and urban traffic order and safety such as patrol and supervision, handling of violations, granting of driving licenses, technical safety inspection, means registration, but fail to fulfil their duties, harass for bribes or cause troubles, shall be severely handled according to law. Chapter II STATE MANAGEMENT OF LAND-ROAD TRAFFIC ORDER AND SAFETY AND URBAN TRAFFIC ORDER AND SAFETY Article 5.- The tasks, responsibilities and powers of the Ministry of Communications and Transport 1. Issuing the technical norms for road works and the regulations on the use thereof with the aim of ensuring land-road traffic safety; conducting periodical inspections of road works and issuing timely notices to ensure safety for road users. 2. Defining the technical norms for, organizing the inspection and control of the technical quality of, overland motorized transport means, and periodically issuing certificates of technical safety inspection and environmental protection. 3. Defining the conditions, standards and procedure for granting operating permits to establishments engaged in periodical technical inspection of land-road transport means. 4. Managing the training of drivers and the granting of driving licenses to operators of land-road motorized means. 5. Organizing, directing and checking the system of land-road traffic inspectorates nationwide. Handling administrative violations according to competence against the violations of land-road and urban traffic order and safety. 6. Coordinating with the Ministry of Public Security in monitoring and analyzing the causes of traffic accidents in order to work out effective measures to prevent accidents. 7. Assuming the prime responsibility and coordinating with the concerned ministries in compiling materials and documents on traffic rules for popularization to all subjects in the society. 8. Assuming the prime responsibility and coordinating with the Ministry of Public Security in putting up road signs and traffic lights, marking traffic flows and lanes, zebra crossings, no-stop, no-parking, stop and parking signs on land roads and thoroughfares. 9. Coordinating with the Ministry of Industry in directing the protection of the power grid safety as well as the safety of minerals exploiting and processing activities in areas where exist traffic works. Article 6.- Tasks and powers of the Ministry of Public Security 1. Organizing the inspection, registration and management of motorized road traffic means and the operators thereof in the police force; organizing the registration and granting of number plates for land-road traffic means of various kinds (including the motorized vehicles of the Defense Ministry�s economic enterprises set up under Decree No. 388/HDBT of November 20, 1991 of the Council of Ministers, except those vehicles used for military purposes). Making timely notices to the communications and transport service for convenient monitoring and management. 2. Organizing the inspection, supervision and handling of violations of land-road and urban traffic order and safety. 3. Coordinating with the concerned ministries and branches in drafting documents and propagating, disseminating and guiding the legislation on traffic order and safety. 4. Organizing, directing and controlling traffic in urban centers and vital traffic junctions; in case of emergency, the Ministry shall be allowed to mark traffic flows and lanes and prescribe temporary places of no-parking and no-stop. 5. Organizing investigation and handling of traffic accidents. Assuming the prime responsibility and coordinating with the Ministry of Communications and Transport in statistically recording, monitoring, analyzing and making conclusions on the causes of, traffic accidents, suggesting and organizing the implementation of measures to prevent traffic accidents. 6. Defining the technical norms and issuing permits for the transport of toxic and inflammable or explosive substances. 7. Organizing the inspection of task performance by the police forces engaged in the work of ensuring land-road and urban traffic order and safety. 8. Contributing comments on traffic safety to projects for construction or upgrading of national highways according to competence. Article 7.- The tasks and powers of the Ministry of Defense 1. Organizing the inspection, registration and management of the motorized road traffic means and operators thereof under the Ministry of Defense (except those means used for economic activities, which are registered and granted number plates by the Ministry of Public Security). 2. All motorized land-road traffic means and their operators under the control of the Ministry of Defense, when operating on roads, must observe the traffic regulations and are subject to the inspection and control by the forces assigned to ensure land-road and urban traffic order and safety. Article 8.- Tasks and powers of the Ministry of Finance 1. Assuming the prime responsibility and coordinating with the Ministry of Public Security, the Ministry of Communications and Transport and the concerned ministries and branches in guiding and organizing the collection of fines for administrative violations. Issuing and managing uniform receipts and vouchers for collection of fines imposed on administrative violations according to law provisions on sanctions against administrative violations. 2. Ensuring funding for the work of ensuring traffic order and safety at the request of the Ministry of Communications and Transport, the Ministry of Public Security and the People�s Committees of the provinces and centrally-run cities when drafting the annual budget estimates. 3. Guiding the management and use of fines. All amounts collected from sanctions against administrative violations of traffic order and safety shall be used for the work of ensuring traffic order and safety according to the approved plans. 4. Organizing the inspection and control of the management and use of the collected fine amounts strictly according to regulations. Article 9.- Tasks and powers of the Ministry of Trade 1. Closely coordinating with the Ministry of Communications and Transport, the Ministry of Industry in managing the import of transport means in terms of their quantity and categories to be imported on the basis of the set technical standards and the present state of roads and bridges. 2. Issuing regulations on the import and circulation of lead petrol. Article 10.- Tasks and powers of the Ministry of Culture and Information Directing the culture and information agencies, the central and local press to regularly propagate and disseminate the legislation on traffic order and safety. Article 11.- Tasks and powers of the mass media The mass media at the central and local levels must have special columns or programs propagating for traffic order and safety free of charge. Article 12.- Tasks and powers of the Ministry of Education and Training 1. Assuming the prime responsibility and coordinating with the Ministry of Communications and Transport and the Ministry of Public Security in compiling text-books on traffic safety regulations for inclusion in the curricula of all schools from kindergartens to universities, and books on knowledge about traffic safety regulations. 2. Coordinating with the Ministry of Communications and Transport in managing programs on drivers� training. 3. Coordinating with the Ministry of Public Security, the concerned agencies and People�s Committees at various levels in severely handling pupils and/or students who deliberately breach the regulations on traffic order and safety by such acts as taking part in illegal motor race, using motorbikes and/or mopeds in contravention of regulations. Article 13.- Tasks and powers of the Ministry of Construction 1. Guiding the elaboration and approval of projects on planning and building of urban centers, residential quarters with enough grounds necessary for traffic works and other support works in order to ensure urban traffic order and safety. 2. Guiding the granting of permits for the construction of residential quarters, hotels, shopping malls, office buildings and other public facilities with space reserved for vehicle parking as required by each project; it is strictly forbidden to use road beds and/or pavements for vehicle parking. Article 14.- Tasks and powers of the People�s Committees of the provinces and centrally-run cities 1. Directing and taking all necessary measures to establish traffic order and safety in their respective localities. 2. Clearing the road beds and/or pavements, which have been illegally occupied so as to ensure that the pavements are reserved for pedestrians and the roadbeds are only reserved for means joining in traffic. Specifying the use of the inward part of pavements on a number of special streets for goods sale but without affecting traffic order and safety. 3. Joining the Ministry of Communications and Transport in working out urgent plans for road construction and expansion at the bottlenecks where traffic congestion often occurs. 4. Directing the subordinate People�s Committees to work out plans on arrangement of market and trading places convenient for people but absolutely not in violation of traffic order and safety. 5. It is strictly forbidden to lease out street pavements and/or roadbeds for trading activities in any form. Chapter III IMPLEMENTATION PROVISIONS Article 15.- This Decree shall take effect 15 days after its signing and replace the Government�s Decree No. 36/CP of May 29, 1995 of and Decree No. 75/1998/ND-CP of September 26, 1998 on ensuring land-road traffic order and safety and urban traffic order and safety. Article 16.- The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government and the presidents of the People�s Committees of the provinces and centrally-run cities shall have to guide and organize the implementation of this Decree. On behalf of the Government Prime Minister PHAN VAN KHAI REGULATION ON LAND-ROAD TRAFFIC ORDER AND SAFETY AND URBAN TRAFFIC ORDER AND SAFETY (Promulgated together with the Government�s Decree No. 36/2001/ND-CP of July 10, 2001) Chapter I GENERAL PROVISIONS Article 1.- 1. This Regulation prescribes land-road and urban traffic order and safety, aiming to ensure safety for the people, means and properties of the State and people. 2. This Regulation applies to the people and means operating on and using land-road and urban traffic works (hereinafter called the people and means joining in traffic for short) on the Vietnamese territory. 3. People and means joining in traffic must strictly observe the provisions of this Regulation. 4. Means operators and means owners shall be held responsible before law for the means joining in traffic. Article 2.- Terms used in this Regulation shall be construed as follows: 1. People joining in traffic are persons who operate and use communications means of various kinds; persons who guide, lead or ride animals; and persons doing other jobs on land roads and/or thoroughfares. 2. Means joining in traffic are motorized vehicles, rudimentary vehicles and special-use equipment circulating on land roads and/or thoroughfares. 3. Land-road traffic works include roads, bridges, sluices, tunnels, pavements, thoroughfares, ferries, car terminals, sewerage systems, road marker posts, road signs, car stops, car parks and other support facilities. 4. Populated areas mean cities, provincial capitals, district capitals, provincial towns, district towns, villages, streets and other residential quarters where roads run through. 5. Motorbikes are motorized two-wheelers or three-wheelers which move with motors. 6. Mopeds are motorized two-wheelers which run with motors or pedals when the engine stops. 7. Special-use vehicles and machinery include construction vehicles and machinery, farming vehicles and machinery, forestry vehicles and machinery, which join in traffic. 8. Rudimentary vehicles are non-motorized vehicles such as bicycles, cyclos, animal-drawn carts and the like. 9. System of road signs includes the commands of traffic conductors, traffic lights, signs, road painted lines, road marker posts or protection walls, barricades. 10. Road traffic junctions are places where roads crosscut each other on the same plane. 11. Traffic junctions with roundabouts are road traffic junctions where exist signs indicating that means in traffic wishing to change direction must run as instructed. 12. The base length of a vehicle is the distance from the center of the front axis to the center of hind axis of the vehicle. Article 3.- When traffic accidents occur, the following stipulations must be observed: 1. The scenes are kept intact and all traces must be protected. The injured person(s) must be taken away for timely emergency treatment. 2. Persons present at the places where the accidents occur are obliged to assist and give first aid to the injured persons and seek ways to report them to State agencies or the nearest local authorities and have the responsibility to supply accurate information on the accidents to the traffic police for handling according to law. 3. Other means operators, when passing by the places of accidents, are obliged to carry the injured persons to the nearest emergency stations. The priority vehicles are not obligatory to carry injured persons to emergency stations. 4. Vehicles, belongings, luggage and/or goods of the victims must be carefully protected. All acts of causing harms to people, vehicles and/or property of the accident victims and causers are strictly forbidden. 5. Persons directly involved in accidents must be present at the scenes when the authorities make the written records thereof. 6. Those who shun the obligation to rescue the victims shall be handled according to the current legislation. 7. The People�s Committees of the localities where the accidents occur shall have to organize the rescue, treatment and assistance of the victims, the protection of scenes of accidents and promptly report them to the traffic police so that the latter may come, make written records thereof and handle the consequences. Where the victims get dead and after the police offices have completed all procedures as prescribed by law and agreed on the burial thereof, the local People�s Committees shall have to organize the burial of the victims. Chapter II LAND-ROAD AND URBAN TRAFFIC WORKS Article 4.- Units managing land road traffic works shall have to ensure the technical safety and technical standards of the works, put up all the systems of marker posts, signs, instructions� relating to ensuring the traffic safety. When detecting damage caused to road traffic works, which may threaten the traffic safety, they must take measures to promptly handle it, to guide traffic and prevent accidents and have to take responsibility for the traffic accidents if they occur because the works� quality fails to satisfy the technical safety standards. Article 5.- On dangerous passes, at accident-prone road sections and frequently flooded road sections, the road- managing units shall apply special measures to ensure traffic safety. During the rainy, storm and flood seasons, they must organize traffic guidance or suspend traffic in time according to the regulations of the Ministry of Communications and Transport. Article 6.- 1. When persons joining in traffic discover that road traffic works show signs of failing to ensure traffic safety, they are obliged to put up temporary signs and seek ways to report such to the road-managing units or the nearest State bodies; upon receiving the reports, the State bodies shall have to immediately notify the road-managing units thereof for timely remedy. 2. Upon receiving the news, the road-managing units must take measures to quickly overcome the situation in order to ensure safe and smooth traffic. Article 7.- 1. All acts of damaging, altering, removing or covering road signs or restricting the visibility thus affecting the traffic safety are strictly forbidden. 2. The planting of trees along roadsides, on median strips and street pavements must comply with the stipulations, without limiting the visibility and/or covering road signs. Trees planted on road protection corridor land must be short-term and low-trunk trees. The Ministry of Communications and Transport shall coordinate with the Ministry of Agriculture and Rural Development in prescribing in detail the tree planting along roads and streets. Article 8.- 1. Units constructing assorted works on roads, within the road protection corridors must obtain permits from the road traffic control units and report it to the units directly managing road works. 2. The construction units may start building road works only after they have applied measures to ensure traffic safety. Article 9.- 1. Where the construction is conducted on roads being under exploitation and if traffic must be suspended, the construction units shall have to build detours in order to ensure smooth and safe traffic. 2. At sections where exist no detours, the construction shall be carried out only on one side of the road while the other side is left for vehicles and people to travel in safety. 3. When a road leading to a ferry is put under repair, one side of the road must also be left for vehicles to embark or disembark the ferry boats. 4. At narrow road sections, these units must do their work while maintaining traffic for vehicles; or at both bridge heads, sluices or tunnels being under construction, they must arrange people to guide and control traffic in order to ensure safe and smooth traffic. Article 10.- 1. At both ends of a road section where traffic is suspended, the construction units must put up all signs as prescribed by the road signs regulation, must place barricades and put on red lights at night. 2. Where workers are working

Nghị định 36/2001/NĐ-CP