Is a 5-seat Car Allowed to Carry 8 People?

My family consists of 4 adults and 1 child aged 1 year, 2 children aged 5 years, and 1 child aged 15 years, traveling in a 5-seater car. Therefore, the total number of people including the driver is 8. I would like to ask if the children in my family are counted as passengers in the car?

According to Clause 2, Article 23 of Decree 100/2019/ND-CP, the regulations are as follows:

A fine ranging from VND 400,000 to VND 600,000 per person exceeding the permissible capacity of the vehicle, but the total maximum penalty shall not exceed VND 40,000,000 for drivers of passenger cars, cars carrying passengers (excluding buses) committing the following violations:

- Carrying more than 02 people on a car with up to 9 seats,

- Carrying more than 03 people on a car with 10 to 15 seats,

- Carrying more than 04 people on a car with 16 to 30 seats,

- Carrying more than 05 people on a car with more than 30 seats, except for the violations specified in Clause 4 of this Article.

Currently, the law does not differentiate between children and adults when counting seats in a car. Therefore, in your case, if your 5-seater car carries 8 people, it exceeds the permissible number of passengers.

Sincerely!

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