Is it illegal to alter the structure of motorcycles in Vietnam?

Is it illegal to alter the structure of motorcycles in Vietnam? What are penalties for operating motorcycles with inappropriate license plates in Vietnam? What are conditions for special-use motorbikes to join in traffic in Vietnam?

Hello, Lawyers, nowadays there are many people who use motorcycles, almost all of them have changed their structure compared to the original. Especially young people racing illegally. Can you tell me what are penalties for the behavior of changing the vehicle's structure?

Please advise. Thankyou

Is it illegal to alter the structure of motorcycles in Vietnam?

Article 55 of the Law on Road Traffic 2008 stipulates on assurance of quality, technical safety and environmental protection standards of motor vehicles joining in road traffic as follows:

1. The manufacture, assembly, modification, repair, maintenance and import of motor vehicles to join in road traffic must comply with regulations on quality, technical safety and environmental protection standards. It is strictly forbidden to transform automobiles of other types into passenger cars.

2. Owners of vehicles may not alter the structure, components or systems of their motor vehicles against the manufacturer designs or modification designs already approved by competent agencies.

3. Automobiles and trailers or semi-trailers pulled by automobiles joining in road traffic must be periodically inspected in terms of technical safety and environmental protection (below referred to as inspection).

4. The heads of register units and persons directly conducting inspection shall take responsibility for the confirmation of inspection results.

5. Vehicle owners and drivers shall maintain the technical status of their vehicles joining in road traffic according to the prescribed standards between two inspections.

6. The Minister of Transport shall stipulate conditions, standards for and grant of permits to motor vehicle register units; and stipulate and organize the inspection of motor vehicles. The Minister of Defense and the Minister of Public Security shall stipulate and organize the inspection of army and police motor vehicles used for defense and security purposes.

Besides, in Clause 3, Article 17 of Decree 100/2019/ND-CP as amended by Point n, Clause 34, Article 2 of Decree 123/2021/ND-CP, stipulates as follows:

3. A fine ranging from VND 2,000,000 to VND 3,000,000 shall be imposed for:

a) Operating a temporarily registered vehicle beyond its temporary operational period or operating area;

b) Operating an illegally manufactured or assembled vehicle on public roads.

Thus, according to the law in Vietnam, altering the structure of motorbikes is not allowed, in addition, violators will also be fined from VND 2,000,000 to VND 3,000,000 for acts of violation.

What are penalties for operating motorcycles with inappropriate license plates in Vietnam?

In Clause 2, Clause 4, Article 17 of Decree 100/2019/ND-CP, as amended by Point m, Clause 34, Article 2 and supplemented by Clause 10, Article 2 of Decree 123/2021/ND-CP, it is stipulated as follows:

2. A fine ranging from VND 800,000 to VND 1,000,000 shall be imposed for:

a) Operating a vehicle without a corresponding certificate of vehicle registration or trailer/semi-trailer registration or using an expired certificate of vehicle registration;

b) Using a Certificate of vehicle registration that is falsified, or not consistent with the chassis number or engine number, or not issued by a competent authority;

c) Operating a vehicle without a license plate (if required); or the license plate of which is not consistent with the Certificate of vehicle registration or not issued by a competent authority;

d) Operating a vehicle with an inappropriate license plate; with a license plate on which the letters and numbers are not distinct; with a license plate that is bent, blocked or damaged; altering the letters or numbers on the license plate by paint or sticker or changing color of the letters, numbers and background of the license plate.

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

a) The violation(s) specified in Point d Clause 1 of this Article shall lead to confiscation of horns;

b) The violation(s) specified in Points b and c Clause 2 of this Article shall lead to confiscation of certificates of vehicle registration and license plates unsatisfactory to regulations and law or erased;

c) The violation(s) specified in Point a Clause 3 of this Article shall lead to suspension of driving license from 01 month to 03 months;

d) The violation(s) specified in Point b Clause 3 of this Article shall lead to confiscation of vehicle and suspension of driving license from 01 month to 03 months;

dd) The violation(s) specified in Points a and b Clause 2 of this Article in case of no certificates of vehicle registration or using certificates of vehicle registration issued by other than competent agencies, not matching chassis number or engine number of the vehicle or erased without documents proving vehicle origin (no documents, certificates on transfer of vehicle ownership or documents, certificates on legal vehicle origin) shall lead to confiscation of vehicle. 

Thus, the act of operating vehicles with inappropriate license plates in Vietnam will be fined from VND 800,000 to VND 1,000,000. In addition, the vehicle registration certificate and license plate were confiscated.

What are conditions for special-use motorbikes to join in traffic in Vietnam?

Article 57 of the Law on Road Traffic 2008 stipulates conditions for special-use vehicles to join in traffic as follows:

1. Satisfying the following quality, technical safety and environmental protection criteria:

a/ Having an effective brake system;

b/ Having an effective steering system;

c/ Having lamps;

d/ Ensuring the operator’s visibility;

e/ Special-use parts must be fitted firmly at right positions, ensuring safety while traveling;

f/ Ensuring exhaust gas and noise according to environmental standards;

2. Having a registration paper and number plate granted by competent state agencies.

3. Operating within the prescribed area, ensuring safety for people, vehicles and road works while traveling.

4. The manufacture, assembly, modification, repair and import of special-use vehicles must comply with regulations on quality, technical safety and environmental protection.

5. The owners and operators of special-use vehicles shall maintain the technical safety conditions and have them inspected as prescribed for special-use vehicles in road traffic.

6. The Minister of Transport shall issue specific regulations on quality, technical safety and environmental protection, the grant and withdrawal of registration papers and number plates; determine a list of special-use vehicles subject to inspection and organize the inspection; the Minister of Defense and the Minister of Public Security shall stipulate and organize the grant and withdrawal of registration papers and number plates and the inspection of army and police special-use vehicles used for defense and security purposes.

Above are the provisions of the law on conditions for special-use motorbikes to join in traffic in Vietnam.

Best Regards!

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