Vietnam: What are the penalties for operators if the passenger does not wear a helmet?
Vietnam: What are the penalties for operators if the passenger does not wear a helmet?
According to Clause 5, Article 12 of Decree 168/2024/ND-CP on penalties and point deductions on driver licenses for other traffic rule violations and using roadways and sidewalks for other purposes:
Article 12. Penalties and point deductions on driver licenses for other traffic rule violations and using roadways and sidewalks for other purposes
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- A fine ranging from VND 400,000 to VND 600,000 shall be imposed on individuals riding motorcycles, mopeds, vehicles similar to motorcycles, and vehicles similar to mopeds for committing any of the following violations:
a) Clinging to, towing, pushing another vehicle or object, leading animals, carrying bulky items, standing on the seat, on carrier racks, or sitting on the handlebars of the vehicle;
b) Not wearing a "helmet for motorcycle and moped users" or wearing a "helmet for motorcycle and moped users" without fastening the chin strap correctly while participating in road traffic.
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According to the above regulation, a passenger not wearing a helmet may be fined from VND 400,000 to VND 600,000.
Vietnam: What are the penalties for operators if the passenger does not wear a helmet? (Image from the Internet)
What are types of helmets in Vietnam?
According to Subsection 3.1, Section 3 of the National Standard TCVN 5756:2017 on helmets for motorcycle and moped users:
3. Classification and structure
3.1 Classification
Helmets are classified into 4 types as follows (Figure 1):
- Half-head helmet: a helmet with a structure that protects the upper part of the head of the wearer (Figure 1a).
- Three-quarter head helmet: a helmet with a structure that protects the upper and part of the rear head of the wearer (Figure 1b).
- Full-head and ear helmet: a helmet with a structure that protects the upper part of the head and ear areas of the wearer (Figure 1c);
- Full-head, ear, and jaw helmet: a helmet with a structure that protects the upper part of the head, ear areas, and chin of the wearer (Figure 1d).
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Thus, helmets are classified into 4 types as follows:
- Half-head helmet: a helmet with a structure that protects the upper part of the head of the wearer
- Three-quarter head helmet: a helmet with a structure that protects the upper and part of the rear head of the wearer
- Full-head and ear helmet: a helmet with a structure that protects the upper part of the head and ear areas of the wearer
- Full-head, ear, and jaw helmet: a helmet with a structure that protects the upper part of the head, ear areas, and chin of the wearer
How should a helmet be worn in accordance with the law in Vietnam?
According to Article 8 of Joint Circular 06/2013/TTLT-BKHCN-BCT-BCA-BGTVT on the responsibilities of operators and passengers on motorcycles, mopeds, and motorized bicycles:
Article 8. Responsibilities of operators and passengers on motorcycles, mopeds, motorized bicycles
Operators and passengers on motorcycles, mopeds (including electric bicycles), motorized bicycles when participating in traffic have the responsibility to:
- Wear helmets according to the conformable legal standard.
- Fasten the helmet strap as follows:
a) Pull the helmet strap to both sides, wear the helmet, and fasten the buckle. The strap must not be loose but should fit snugly against the chin;
b) After wearing the helmet, check by pulling the helmet from behind to the front or lifting the front upper part (or chin part for full-helmet types) upwards and rearwards, ensuring the helmet does not come off the head.
Thus, participants in traffic are responsible for wearing helmets according to legal conformability. Fasten the helmet strap as follows:
- Pull the helmet strap to both sides, wear the helmet, and fasten the buckle. The strap must not be loose but should fit snugly against the chin;
- After wearing the helmet, check by pulling the helmet from behind to the front or lifting the front upper part (or chin part for full-helmet types) upwards and rearwards, ensuring the helmet does not come off the head.
