1. How many people are allowed in a car?
Pursuant to Clause 2 and Clause 4, Article 23 of Decree 100/2019/ND-CP (amended in Decree 123/2021/ND-CP), it is stipulated as follows:
Vehicle type | Number of people allowed to carry |
Vehicles under 10 seats | Allowed to carry more than 1 person. From the 2nd person will be punished |
10 seater to 15 seater car. | Allowed to carry more than 2 people. From the 3rd person will be punished. |
16 seater to 30 seater car. | Allowed to carry 3 people. From the 4th person will be punished |
Vehicle over 30 seats. | Allowed to carry 4 people. From the 5th person will be punished |
2. How much will a car be fined for carrying more people than the prescribed number?
Specifically, Decree 100/2019/ND-CP (amending Decree 123/2021/ND-CP) stipulates the fine for drivers of vehicles that carry more people than the prescribed number as follows:
STT | Vehicle | Behavior | Penalty level | Legal basis |
1 | Passenger cars, People transport cars (running routes with distances less than 300km) | - Carrying 2 or more people in a vehicle with up to 9 seats - Carrying 3 or more people in a 10-seat to 15-seat vehicle - Carrying 4 or more people on a 16-seat to 30-seat vehicle - Carrying 5 or more people in a vehicle with more than 30 seats | - 400,000 VND - 600,000 VND/person exceeding - Maximum fine of 75,000,000 VND - In case of exceeding 50% to 100% of the number of people allowed to be carried by the vehicle: The driver's license will be revoked from 01 month to 03 months. | - Clause 2, Article 23, Decree 100/2019/ND-CP (replaced by Point o, Clause 34, Article 2, Decree 123/2021/ND-CP) - Point a, Clause 8, Article 23, Decree 100/2019/ND-CP |
2 | Passenger cars, People transport cars (running routes with distances greater than 300km) | - 1,000,000 - 2,000,000 VND/person exceeding - Maximum fine of 75,000,000 VND - In case of exceeding 100% of the number of people allowed to be carried by the vehicle | - Clause 4, Article 23, Decree 100/2019/ND-CP (replaced by Point o, Clause 34, Article 2, Decree 123/2021/ND-CP) - Point c, Clause 8, Article 23, Decree 100/2019/ND-CP |
In addition, in case a car carries more than 50% - 100% of the number of people allowed to be carried, the driver's license will be revoked for 1-3 months; if it exceeds 100% of the number of people, the driver's license will be revoked for 3-5 months.
At the same time, passenger vehicles are forced to arrange other vehicles to carry the excess number of passengers.
3. Where to pay traffic fines?
Pursuant to Clause 1, Article 20 of Decree 81/2013/ND-CP, individuals and organizations violating traffic laws shall pay fines in one of the following forms:
- Pay cash directly at the State Treasury or at the commercial bank where the State Treasury opens an account as stated in the penalty decision;
- Transfer to the State Treasury account stated in the penalty decision via the National Public Service Portal or electronic payment service of a bank or payment intermediary service provider;
- Pay the fine directly to the competent authority to impose the fine as prescribed in Clause 1, Article 56, Clause 2, Article 78 of the Law on Handling of Administrative Violations 2012 or pay directly to the port authority or representative of the airport authority in case the person being fined is a passenger transiting through the territory of Vietnam to take an international flight departing from the territory of Vietnam; a flight crew member on duty on a flight transiting through the territory of Vietnam; a flight crew member of a foreign airline performing an international flight departing from the territory of Vietnam;
- Pay administrative fines for road traffic violations to the State Treasury according to the above regulations or through the public postal service.
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