Increasing the fine to 6 times for wearing headphones when participating in traffic in Vietnam

The Decree No. 100/2019/NĐ-CP of Vietnam’s Government (effective from January 01, 2020) has specified fines for the act of wearing headphones when participating in traffic in Clause 4 Article 6 as follows:

Article 6. Penalties imposed upon operators of mopeds and motorcycles (including electric motorcycles) and the like violating road traffic rules

4. A fine ranging from VND 600,000 to VND 1,000,000 shall be imposed upon a vehicle operator who commits any of the following violations:

a) Exceeding the speed limits by 10 km/h - 20 km/h;

b) Stopping or parking at inappropriate positions in a road tunnel;

…

g) Failure to obey the orders or instructions of the traffic conductor or traffic guard;

h) Using an umbrella, cell phone, or audio device other than hearing aid devices while operating the vehicle.

In comparison with regulation of the Decree No. 46/2016/NĐ-CP of Vietnam’s Government, the fine is just ranging from VND 100,000 to VND 200,000. However, this fine has been increased to VND 600,000 - VND 1,000,000 at the present. Thereby, it can be seen that, in order to minimize the use of headphones while participating in traffic, Decree No. 100/2019/NĐ-CP has stipulated stricter regulations than before.

It seemed that this regulation was specific and clear, but there were many "holes".

Firstly, will a person be fined if he uses headphones but does not turn on the music? A headset is a separate audio device that is linked to a mobile phone. According to Point h Clause 4 Article 6 of Decree No. 100/2019/NĐ-CP of Vietnam’s Government, the violation is just “using an audio device”, regardless of whether the audio device is linked to a mobile phone.

Secondly, this regulation only applies to operators of mopeds and motorcycles (including electric motorcycles) and the like. Thus, for the case of playing music in the car, there is no sanction. Playing music whether riding a motorbike, or a car still affects the ability to concentrate of operators when participating in traffic. I think there should be appropriate sanctions for car drivers when there is a violation. In the United Arab Emirates (UAE), if you play loud music in your car, you will be fined 400 Dirhams, which is equivalent to about VND 2,500,000.

Thirdly, in the field of transport service providers (Grab, Gojek, Bee), there are many cases of drivers using headsets to receive calls, communicate with customers or listen to Google for directions. Although drivers are allowed to use electronic devices to perform work, they cannot rely on them to defend themselves, because when participating in traffic, danger is always lurking without leaving anyone. Therefore, to avoid fines and also ensure safety for themselves and others, when in need, drivers should stop to use their phones.

Phuong Thanh

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