Is there a penalty for driving a motorbike and carrying two persons in Vietnam? How much is fine for operator to carry two persons under new regulations in Vietnam?

Is there a penalty for driving a motorbike and carrying two persons in Vietnam?

According to Article 30 of the 2008 Road Traffic Law regulates operators of and passengers on motorcycles and mopeds as follows:

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.

In addition, Clause 15, Article 8 of the 2008 Road Traffic Law stipulates:

Article 8. Prohibited acts

15. Threatening, offending and fighting over passengers; compelling passengers to use services against their will; employing transshipment, disembarking passengers or committing other acts to evade detection of the carriage of cargoes or passengers in excess of prescribed limits.

Thus, according to current regulations in Vietnam, in case you ride a motorbike carrying two people and do not fall into the above exclusions. Therefore, if you carry 02 people or more, you are carrying more than the number of people prescribed by law and will be subject to administrative sanctions according to regulations.

Is there a penalty for driving a motorbike and carrying two persons in Vietnam? How much is fine for operator to carry two persons  under new regulations in Vietnam? (Image from the Internet)

How much is fine for operator to carry two persons  under new regulations in Vietnam? 

Pursuant to Clause 2, Article 6 of Decree 100/2019/ND-CP amended by Point k, Clause 34, Article 2 of Decree 123/2021/ND-CP stipulates:

2. A fine ranging from VND 300,000 to VND 400,000 shall be imposed upon a vehicle operator who commits any of the following violations:

a) Stopping, parking on the roadway outside urban areas where sidewalks are available;

b) Failure to reduce speed and yield when joining the traffic from an alley or when moving from a small road to a major road;

c) Exceeding the speed limits by from 5 km/h to under 10 km/h;

dd) Going slowly without keeping to the right of the roadway in a manner that obstructs the traffic;

dd) Stopping, parking on the roadway in a manner that obstructs the traffic; stopping in groups of 03 vehicles or more on the roadway or in a road tunnel; parking on the roadway or on the sidewalk in urban areas against the law;

e) Failure to allow another vehicle to overtake when it is safe to do so; failure to yield to vehicles in the emergency lane or on the major road at the intersection;

g) Using warning devices for emergency vehicles on a non-emergency vehicle;

h) Stopping, parking on the tramway, at the bus stop, at an intersection, at a crosswalk; stopping where a “Cấm dừng xe và đỗ xe” (No stopping and parking) sign is erected, parking where a “Cấm đỗ xe” (No parking) sign or “Cấm dừng xe và đỗ xe” (No stopping and parking) sign is erected; breaking the rules on stopping and parking at intersection with the railway; stopping or parking within the railway safety perimeter, except for the violations specified in Point b Clause 2, Point b Clause 3 Article 49 of this Decree;

i) The operator or the passenger on the vehicle does not wear a motorcycle helmet or does not wear it properly;

k) Carrying a passenger who does not wear a 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;

l) Carrying two people on a vehicle, unless a person being carried is a person who needs urgent medical care, a child under 14 years of age, or a criminal being escorted;

m) The vehicle is operated by the person from behind another person, unless such the latter is a child.

Clause 10 of Article 6 of Decree 100/2019/ND-CP also stipulates that the act of carrying 02 people on a motorbike causing a traffic accident will result in the loss of the right to use a driver's license from 02 months to 04 months.

Thus, according to current regulations in Vietnam, in case you carry 02 people in the car, you will be subject to an administrative penalty of 300,000 VND to 400,000 VND and if you cause a traffic accident, you will be subject to penalties. Additional penalty is revocation of driver's license from 02 months to 04 months.

Best regards!