Vietnam: How much is the penalty for not wearing a helmet for motorcyclists, motorcycles or wearing a helmet without a proper strap?
What is the penalty for not wearing a helmet or wearing a helmet without a proper strap in Vietnam?
Regulations on administrative sanctions for not wearing helmets are specified in Decree 100/2019/ND-CP and amended in Decree 123/2021/ND-CP.
Specifically, the act of not wearing a helmet when participating in traffic can be fined from 400,000 to 600,000 VND:
- Do not wear "helmets for motorcyclists" or "helmets for motorcyclists" without proper straps when driving vehicles in traffic on the road;
- Carrying people in vehicles who do not wear "helmets for motorcyclists and motorcycles" or "helmets for motorcyclists and motorcycles" without proper straps, except in the case of transporting patients to emergency services, children under 06 years old, escorting people who violate the law.
Thus, the act of not wearing a helmet or wearing a helmet but not wearing the straps properly when participating in traffic will be fined from 400,000 to 600,000 VND.
Vietnam: How much is the penalty for not wearing a helmet for motorcyclists, motorcycles or wearing a helmet without a proper strap?
Is being arrested for not wearing a helmet a record in Vietnam?
According to the provisions of Article 56 of the Law on Handling of Administrative Violations 2012:
Article 56. Administrative sanction without record taking
1. Administrative sanction without record taking is applicable in cases of warning or fines of up to VND 250,000 for individuals, VND 500,000 for organizations and the persons with sanctioning competence must make decisions of administrative sanctions on the spot.
In case administrative sanctions are detected thanks to using technical, professional equipment, means, the record must be taken.
2. Decisions of administrative sanctions on the spot must be written clearly the information of date of decisions; full name, address of violators or name, address of violating organizations; acts of violations; venues of violations; evidences and details related to the violation settlement; full name, position of persons who make sanctioning decisions; articles, clauses of applicable legal documents. In case of fines, there must be the fine levels in the decisions.
In addition, the sanction of administrative violations with the establishment of minutes and records of sanctioning administrative violations
- Sanctions for administrative violations with minutes shall be applied to administrative violations of individuals and organizations that commit administrative violations other than those specified in Clause 1, Clause 1, Article 56 of this Law.
- The sanctioning of administrative violations with a record must be made into a record of sanctioning administrative violations by the person competent to sanction. Dossiers include minutes of administrative violations, administrative sanction decisions, relevant documents and papers and must be marked.
Thus, when caught without a helmet, the Traffic Police will make a record of punishment instead of a fine on the spot as before. The violator shall execute the decision to sanction administrative violations as follows:
- Individuals and organizations sanctioned for administrative violations must comply with the sanction decision within 10 days from the date of receipt of the decision on sanctioning administrative violations; in case the decision on sanctioning administrative violations has an implementation time limit of more than 10 days, it shall comply with that time limit.
In case individuals or organizations are sanctioned to complain or initiate lawsuits against decisions on sanctioning administrative violations, they must still comply with the sanctioning decision, except for the case specified in Clause 3, Article 15 of this Law. Complaints and lawsuits shall be settled in accordance with the provisions of law.
- The person competent to sanction who has issued the sanctioning decision is responsible for monitoring and checking the observance of the sanctioning decision of the sanctioned individual or organization and notifying the results of the completion of the decision to the database management agency on handling administrative violations of the Ministry of Justice, local judiciary.
What types of helmets are there in Vietnam?
According to Section 3 of the National Standard TCVN 5756: 2017, helmets are classified into 4 types as follows (Figure 1):
- Half-head hood: a structured hat that protects the upper head of the hat wearer (Fig. 1a).
- Hat covering three-quarters of the head: the hat has a texture that protects the upper head and part of the rear end of the hat wearer (Fig. 1b).
- Hats that cover both the head and ears: the hat has a texture that protects the upper part of the head and ear area of the hat wearer (Fig. 1c);
- Hat covers both head, ears and jaw: the hat has a texture that protects the upper part of the head, ear area and chin of the hat wearer (Fig. 1d).
a) Mũ che nửa đầu |
b) Mũ che ba phần tư đầu |
c) Mũ che cả đầu và tai |
d) Mũ che cả đầu và tai và hàm |
LawNet
