Can hard hats replace helmets in Vietnam?
Can hard hats replace helmets in Vietnam? What is penalty for carrying a person who does not wear a motorcycle helmet in Vietnam? What are responsibilities of operators and users of mopeds and motorcycles when participating in traffic to use a helmet in Vietnam?
On the way, I saw a few construction workers wearing construction hats while driving motorbikes in traffic, which means hard hats. I wonder if it is legal for them to wear it like that, can this helmet be used to replace a helmet? Thank you!
Can hard hats replace helmets in Vietnam?
Pursuant to Clause 3, Article 6 of Decree 100/2019/ND-CP, supplemented with Point b, Clause 4, Article 2, Decree 123/2021/ND-CP, the following acts are subject to a fine from 400,000 to 600,000 VND:
n) Failure to wear a motorcycle helmet properly or wearing it improperly;
According to Article 3 of Joint Circular 06/2013/TTLT-BKHCN-BCT-BCA-BGTVT regulations on helmets are as follows:
1. Helmets are hats that:
a) Consist of 3 parts: the outer shell, the impact absorbing liner, and the chin-strap; and have a design that satisfy the requirements in Clause 2 Article 4 of this Circular;
b) Have obtained the Certificate of conformity and declaration of conformity with QCVN 2: 2008/BKHCN promulgated together with the Decision No. 04/2008/QD-BKHCN dated April 28th 2008 of the Minister of Science and Technology; bear the CR marking and have labels as prescribed by law.
2. The sale of helmets includes wholesaling, retailing, and helmet agents in Vietnam.
According to this Article, drivers and people sitting on motorbikes and mopeds traveling on roads with signs are required to wear helmets, without mentioning hard hats. The users of hard hats are those who work on construction sites and production facilities to limit labor accidents, not for wearing them when participating in traffic. Hard hats also have the same function. If the hard hat meets the above conditions, it can still be worn when participating in traffic in Vietnam.
Can hard hats replace helmets in Vietnam? (Image from the Internet)
What is penalty for carrying a person who does not wear a motorcycle helmet in Vietnam?
Pursuant to Clause 3, Article 6 of Decree 100/2019/ND-CP, supplemented with Point b, Clause 4, Article 2, Decree 123/2021/ND-CP, the following acts are subject to a fine from 400,000 to 600,000 VND:
o) Carrying a person who does not wear a motorcycle helmet or does not wear the motorcycle helmet properly, unless that person is a patient who needs urgent medical care, a child under 06 years of age, or a criminal being escorted.”;
Thus, carrying a person who does not wear a motorcycle helmet will be fined from 400,000 to 600,000 VND.
What are responsibilities of operators and users of mopeds and motorcycles when participating in traffic to use a helmet in Vietnam?
Article 8 of Joint Circular 06/2013/TTLT-BKHCN-BCT-BCA-BGTVT stipulates responsibility of bikers as follows:
Bikers shall:
1. Wear helmets as prescribed by law.
2. Fasten the straps as follows:
a) Keep the straps to the sides, put on the helmet, and fasten the straps. Straps must be tighten to fit the chin;
b) After the helmet to put on, use a hand to pull it from behind to front or raise the part at the forehead (or the chin – for full-face helmets) then pull it back to check whether the helmet is removed from the head.
According to the above regulations, traffic participants must wear helmets in accordance with the law and fasten the straps according to the above instructions in Vietnam.
Best regards!
