What are the regulations on the penalties imposed upon motorcyclists when driving a motorbike without holding the handlebars in Vietnam? Shall motorcyclists be seized their motorbikes or be revoked the driving licenses?

Main Content

• Can motorcyclists be allowed to drive the vehicle without holding the handlebars in Vietnam?
• How much is the fine for driving a motorbike without holding the handlebars in Vietnam?
• Shall motorcyclists be seized their motorbikes or be revoked the driving licenses when driving without holding the handlebars in Vietnam?

Can motorcyclists be allowed to drive the vehicle without holding the handlebars in Vietnam?

According to Article 30 of the Law on Road Traffic 2008, the driving of motorbikes is regulated as follows:

Article 30. Operators of and passengers on motorcycles and mopeds

1. The operator of a motorcycle or moped may carry only one person, except for the following cases in which carrying two persons at most is permitted:

a/ Carrying sick persons for emergency medical treatment;

b/ Escorting a person who has committed an illegal act;

c/ Carrying children under 14 years of age.

2. The operators and passengers of motorcycles, three-wheeled motor vehicles or mopeds shall wear safety helmets, properly fastening their chin straps.

3. Operators of motorcycles, three-wheeled motor vehicles or mopeds are prohibited from:

a/ Traveling abreast;

b/ Traveling in road sections reserved for pedestrians and other vehicles;

c/ Using umbrellas, mobile phones and audible devices, except hearing aids;

d/ Pulling and pushing other vehicles or objects, and carrying bulky objects;

e/ Operating the vehicle without holding the handlebars or on one wheel, for two-wheeled vehicles, or on two wheels, for three-wheeled vehicles;

f/ Other acts badly affecting traffic order and safety.

4. Passengers of motorcycles, three-wheeled motor vehicles or mopeds in traffic are prohibited from:

a/ Carrying bulky objects;

b/ Using umbrellas;

c/ Clinging to, pulling or pushing other vehicles;

d/ Standing on the saddle or pillion, or sitting on the handlebars;

e/ Other acts baldy affecting traffic order and safety.

Thus, motorbike riders shall be allowed to drive the vehicle without holding the handlebars.

How much is the fine for driving a motorbike without holding the handlebars in Vietnam?

According to point a, clause 8, Article 6 of Decree 100/2019/ND-CP, driving a motorbike without holding the handlebars will be administratively sanctioned, specifically:

Article 6. Penalties imposed upon operators of mopeds and motorcycles (including electric motorcycles) and the like violating road traffic rules

...

8. A fine ranging from VND 6,000,000 to VND 8,000,000 shall be imposed upon a vehicle operator who commits any of the following violations:

a) Release both hands while operating the vehicle; steering with the legs; sitting on one side to operate the vehicle; lying on the seat while operating the vehicle; swapping positions while operating the vehicle; turning the whole body to the back or wearing a blind fold while operating the vehicle;

b) Weaving on public roads whether inside or outside an urban area;

c) Running on one wheel (or two wheel if the vehicle is a motor tricycle);

d) Exceeding the speed limits in a group of 02 vehicles or more;

dd) Failure to stop, protect the scene, inform the authority, or give first aid to the victim after causing an accident;

e) Operating the vehicle while BAC exceeds 80 mg per 100 ml of blood or BrAC exceeds 0.4 mg per liter of breath;

g) Failure to comply with the law enforcement officer’s order for alcohol content testing;

h) Operating vehicles on roads under influence of narcotics;

i) Failure to comply with traffic conductor’s or law enforcement officer’s order for drug testing.

Thus, when driving a motorbike without holding the handlebars, motorcyclists will be fined up to VND 8,000,000.

Shall motorcyclists be seized their motorbikes or be revoked the driving licenses when driving without holding the handlebars in Vietnam?

According to point c clause 10 Article 6 Decree 100/2019/ND-CP and point c clause 35 Article 2 Decree 123/2021/ND-CP, there are the following provisions:

Article 6. Penalties imposed upon operators of mopeds and motorcycles (including electric motorcycles) and the like violating road traffic rules

...

10. Apart from incurring fines, the violating operator shall also incur the following additional penalties:

a) The violation(s) specified in Point g Clause 2 of this Article shall lead to confiscation of the warning device(s) installed illegally;

b) The violation(s) specified in Points b, e and i Clause 3; Points e, g and h Clause 4; Clause 5 of this Article shall lead to suspension of driving license from 1 month to 3 months;

c) The violation(s) specified in Point a Clause 6; Points a and b Clause 7; Points a, b, c and d Clause 8 of this Article shall lead to suspension of driving license from 2 months to 4 months; repetition or multiple violations of offence(s) specified in Points a, b, c and d Claus 8 of this Article shall lead to suspension of driving license from 3 months to 5 months and confiscation of vehicle. Committing violation(s) specified in Points a, g, h, k, l, m and q of Clause 1; Points b, d, e, g, l and m of Clause 2; Points b, c, k and m of Clause 3; Points dd, e, g and h of Clause 4 of this Article and causing accidents shall lead to suspension of driving license from 2 months to 4 months;

d) The violation(s) specified in Point b Clause 6; Point dd Clause 8; Clause 9 of this Article shall lead to suspension of driving license from 3 months to 5 months;

dd) The violation(s) specified in Point c Clause 6 of this Article shall lead to suspension of driving license from 10 months to 12 months;

e) The violation(s) specified in Point c Clause 7 of this Article shall lead to suspension of driving license from 16 months to 18 months;

g) The violation(s) specified in Points e, g, h and i Clause 8 of this Article shall lead to suspension of driving license from 22 months to 24 months;

Thus, when driving a motorbike without holding the handlebars, motorcyclists shall be revoked the Driving License up to 04 months. If the violation is repeated or repeated many times, the right to use the driving license will be revoked from 03 months to 05 months, and the vehicle will be confiscated.