Is wearing poor quality helmets against the law in Vietnam?

Is wearing poor quality helmets against the law in Vietnam?

Pursuant to Clause 3 Article 6 of the Decree 100/2019/NĐ-CP (amended by Article 2 of the Decree 123/2021/NĐ-CP) stipulating penalties imposed upon operators of mopeds and motorcycles (including electric motorcycles) and the like violating road traffic rules in Vietnam as follows:

3. A fine ranging from VND 400,000 to VND 600,000 shall be imposed upon a vehicle operator who commits any of the following violations:

...

l) Exceeding the gross vehicle weight rating (GVWR) written on the Certificate of vehicle registration (if the GVWR is stated);

m) Failure to turn on low beam while operating the vehicle in a road tunnel.

n) Failure to wear a motorcycle helmet properly or wearing it improperly;

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.

As regulations above, the law only promulgates the fine for failure to wear a motorcycle helmet properly or wearing it improperly. Therefore, wearing poor quality helmets is not against the law in Vietnam.

Is it necessary for operators to wear helmets when operating electric bicycles in Vietnam?

Pursuant to Clause 4.dd and 4.e, Article 8 of the Decree 100/2019/NĐ-CP (amended by Article 2 of the Decree 123/2021/NĐ-CP) stipulating penalties imposed upon operators of bicycles, motored bicycles (including electric bicycles), and other non-motorized vehicles violating traffic rules in Vietnam as follows:

4. A fine ranging from VND 400,000 to VND 600,000 shall be imposed upon a vehicle operator who commits any of the following violations:

dd) The operator of a motored bicycle (including electric bicycle) not wearing a motorcycle helmet or wearing a helmet improperly;

e) Carrying a person on a motored bicycle (including electric bicycle) who does not wear a motorcycle helmet or does not wear the 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.

As regulations above, operators must wear helmets when operating electric bicycles in Vietnam.

Therefore, a fine ranging from VND 400,000 to VND 600,000 shall be imposed for operators, who don't wear helmets when operating electric bicycles in Vietnam.

What are principles for management of quality of helmets in Vietnam?

Pursuant to Article 4 of the Joint Circular 06/2013/TTLT-BKHCN-BCT-BCA-BGTVT stipulating helmet quality control as follows:

1. Before being put on the market, helmets must obtain the Certificate of conformity and declaration of conformity with QCVN 2 : 2008/BKHCN, bear the CR marking on the outer shell and have labels as prescribed by the laws on goods labels and Point 2.3 of QCVN 2 : 2008/BKHCN.

The CR marking must be legible and printed directly on the helmet or fixed to the helmet by waterproof materials in a way that cannot be changed or faded.

2. A helmet shall obtain the Certificate of conformity and declaration of conformity according to QCVN 2 : 2008/BKHCN when its design satisfies the following requirements:

a) Its design is conformable with Figure 1 of QCVN 2 : 2008/BKHCN;

b) Where a helmet has a soft visor fixed to the shell or a detachable visor, the length of the visor from the shell to its furthest point shall not exceed 70 mm and its tilt visor must not affect the user’s vision as prescribed in QCVN 2 : 2008/BKHCN;

c) Where a helmet has a hard visor fixed to the helmet shell or a detachable visor, the length of the visor from the shell to its furthest point shall not exceed 50 mm and its tilt must not affect the user’s vision as prescribed in QCVN 2 : 2008/BKHCN;

d) Where a helmet has a hard brim, it must not stick out over 20 mm from the shell.

Above are principles for management of quality of helmets in Vietnam.

Best regards!