Vietnam: Is it required to buy motorcycle insurance when participating in traffic? What are the fines for participating in traffic without motorcycle insurance?
Is it required to buy motorcycle insurance when participating in traffic in Vietnam?
According to Article 6 of Decree 03/2021/ND-CP on certificate of compulsory civil liability insurance of motor vehicle users (hereinafter referred to as “certificate of insurance”) as follows:
"Certificate of compulsory civil liability insurance of motor vehicle users (hereinafter referred to as “certificate of insurance”)
1. Certificates of compulsory civil liability insurance of motor vehicle users are proof of concluding compulsory civil liability insurance contracts between motor vehicle users and insurance enterprises. Each motor vehicle shall be issued with 1 certificate of insurance. Motor vehicle users whose certificates of insurance are lost must request insurance enterprises (which have previously issued the lost certificates of insurance) in writing to reissue certificates of insurance.
2. Upon purchasing compulsory civil liability insurance of motor vehicle users, motor vehicle users shall be issued with certificates of insurance by insurance enterprises. Insurance enterprises shall only issue certificates of insurance for motor vehicle users if the motor vehicle users have adequately paid insurance premiums or agreed with the insurance enterprises on deadline for paying insurance premiums according to the Ministry of Finance.
3. Certificates of insurance shall be designed by insurance enterprises and include following details:
a) Name, address and phone number (if any) of motor vehicle users.
b) License plate or chassis number, engine number.
c) Type of vehicle, payload, number of seats and use purpose in case of automobiles.
d) Name, address and hotline number of insurance enterprises.
dd) Civil insurance liabilities for third parties and passengers.
e) Responsibilities of motor vehicle users and operators in case of accidents.
g) Insurance duration, insurance premiums and payment deadline of insurance premiums.
h) Date of issue of certificates of insurance.
i) Number code and barcode registered, managed and used according to the Ministry of Science and Technology to enable storage, transmission and extraction of ID information of insurance enterprises and basic contents of certificates of insurance.
4. In case of issuance of electronic certificates of insurance, insurance enterprises must comply with Law on Electronic Transactions and guiding documents; Electronic certificates of insurance must closely comply with applicable regulations and law and Clause 3 of this Article."
Accordingly, when participating in traffic in Vietnam, the owner must buy motorcycle insurance.
Do motorcyclists have to carry motorcycle insurance when participating in traffic in Vietnam?
Pursuant to Article 58 of the Law on Road Traffic 2008, the conditions for drivers of vehicles to participate in traffic are prescribed as follows:
"Article 58. Conditions for drivers of vehicles to join in traffic
1. Drivers of vehicles to join in traffic must be of the age and in good health as prescribed in Article 60 of this Law, and proper driver licenses for the types of vehicle they are permitted to operate, which are granted by competent state agencies.
Learner drivers, when joining in traffic, shall practice driving on driving practice vehicles and have their driving supported by driving instructors.
2. When operating a vehicle, the driver shall carry the following papers:
a/ Vehicle registration paper;
b/ Driver license, for motor vehicle operators defined in Article 59 of this Law;
c/ Technical safety and environmental protection inspection certificate, for motor vehicles prescribed in Article 55 of this Law;
d/ Motor vehicle owner civil liability insurance certificate."
Thus, when participating in traffic in Vietnam, motorcyclists must carry motorcycle insurance.
What are the fines for participating in traffic in Vietnam without motorcycle insurance?
Pursuant to Point a, Clause 2, Article 21 of Decree 100/2019/ND-CP as amended by Clause 11 Article 2 of Decree 123/2021/ND-CP, in case you fail to carry motorcycle insurance when participating in traffic, you will be administratively fined as follows:
"Article 21. Penalties for violations against regulations on qualification for operating motor vehicles
...
2. A fine ranging from VND 100,000 to VND 200,000 shall be imposed upon:
a) Any person operating a motorcycle or moped and the like without carrying an unexpired certificate of civil liability insurance for motor vehicles; or
b) Any person operating a motorcycle or moped and the like without carrying the certificate of vehicle registration; or
c) Any person operating a motorcycle and the like without carrying a driver’s license, except for the offenses specified in point b clause 5 and point c clause 7 of this Article.
..."
Thus, when participating in traffic in Vietnam without motorcycle insurance, you will be fined up to 200,000 VND.
LawNet
