Is there any fine imposed on operators of motorcycles with only one rearview mirror in Vietnam? What are regulations on the dimensions of motorcycle rearview mirrors in Vietnam?

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Question date: 18/03/2024

Is there any fine imposed on operators of motorcycles with only one rearview mirror in Vietnam? What are regulations on the dimensions of motorcycle rearview mirrors in Vietnam? - Mr. Hao (Long An)

    • Is there any fine imposed on operators of motorcycles with only one rearview mirror in Vietnam?

      Pursuant to Clause 1 Article 17 of the Decree 100/2019/ND-CP (amended by Clause 36 Article 2 of the Decree 123/2021/ND-CP) stipulating the fine amount for not having rearview mirrors on motorcycles in 2024:

      Penalties imposed upon by operators of mopeds and motorcycles (including electric motorcycles) and the like violating regulations on roadworthiness of vehicles running on public roads

      1. A fine ranging from VND 100,000 to VND 200,000 shall be imposed for:

      a) Operating the vehicle without a horn, plate lamp, brake lamp, or a rearview mirror on the left, or without a functional one;

      c) Operating a vehicle without turn signals or without functional ones;

      d) Using an inappropriate horn for the type of vehicle;

      dd) Operating a vehicle without a sound or smoke suppression system or without one that meets environmental requirements with regard to exhaust and noise;

      e) Operating a vehicle without a lamp with low beam and a high beam, or without a functional and conformable one;

      g) Operating a vehicle without a brake system or without a functional and conformable one;

      h) Operating a vehicle with an additional headlamp towards the back.

      ...

      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;

      ...

      As regulations above, motorcycles in Vietnam must have a rearview mirror on the left.

      Therefore, if operators operate motorcycles without a rearview mirror on the right, or without a functional one, the operators willl be fined from VND 100,000 to VND 200,000.

      Is there any fine imposed on operators of motorcycles with only one rearview mirror in Vietnam? What are regulations on the dimensions of motorcycle rearview mirrors in Vietnam? - image from internet

      Is it permissible to pay administrative sanction without record taking for operating motorcycles with only one rearview mirror in Vietnam?

      Pursuant to Article 56 of the Law on handling administrative violations in 2012 stipulating administrative sanction without record taking:

      Administrative sanction without record taking

      1. Administrative sanction without record taking is applicable in cases of warning or fines of up to VND 250,000 for individuals, VND 500,000 for organizations and the persons with sanctioning competence must make decisions of administrative sanctions on the spot.

      In case administrative sanctions are detected thanks to using technical, professional equipment, means, the record must be taken.

      2. Decisions of administrative sanctions on the spot must be written clearly the information of date of decisions; full name, address of violators or name, address of violating organizations; acts of violations; venues of violations; evidences and details related to the violation settlement; full name, position of persons who make sanctioning decisions; articles, clauses of applicable legal documents. In case of fines, there must be the fine levels in the decisions.

      As regulations above, if operators operate motorcycles without a rearview mirror on the right, or without a functional one, they can pay administrative sanction without record taking.

      What are regulations on the dimensions of motorcycle rearview mirrors in Vietnam?

      Under Subsection 2.2, Section 2 of QCVN 28:2010/BGTVT, the dimensions of motorcycle rearview mirrors are regulated as follows:

      - The reflective surface area must not be smaller than 69 cm2.

      - For round mirrors, the diameter of the reflective surface must not be smaller than 94 mm and not larger than 150 mm.

      - For non-round mirrors, the dimensions of the reflective surface must be large enough to contain an inscribed circle with a diameter of 78 mm, but it must fit within a rectangle with dimensions of 120 mm x 200 mm.

      Best regards!

    Above is legal advice provided for customers of LawNet . If you require any further information, please send an email to nhch@lawnet.vn
    "This English translation is for reference purposes only and not a definitive translation of the original Vietnamese texts"

    LEGAL BASIS OF THIS SITUATION
    • Law on handling administrative violations in 2012 Download
    • Decree 100/2019/ND-CP Download
    • Decree 123/2021/ND-CP Download
    • QCVN 28:2010/BGTVT Download
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