Penalty for not wearing a helmet in Vietnam 2022

1. The latest penalty for not wearing a helmet in Vietnam

According to the provisions of Clause 3, Article 6 of Decree No. 100/2019/ND-CP (amended by point b, Clause 4, Article 2 of Decree 123/2021/ND-CP), the person who commits the act of not wearing a helmet when participating Traffic in Vietnam is fined as follows:

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:

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

- 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.

Thus, according to current legal regulations, violators of regulations on wearing helmets when participating in traffic can be fined up to 600,000 VND.

Penalty for not wearing a helmet in Vietnam 2022 (Internet image)

2. What is the correct way to wear a helmet?

Pursuant to Clause 2, Article 8 of Joint Circular 06/2013/TTLT-BKHCN-BCT-BCA-BGTVT, drivers and occupants of motorcycles, mopeds (including electric scooters) are responsible for wearing helmets according to the following regulations:

- Keep the straps to the sides, put on the helmet, and fasten the straps. Straps must be tighten to fit the chin;

- After the helmet to put on, use a hand to pull it from behind to front or raise the part at the forehead (or the chin – for full-face helmets) then pull it back to check whether the helmet is removed from the head.

3. What is the qualified helmet in Vietnam?

Helmets for drivers, occupants of motorbikes, mopeds (including electric scooters) and mopeds to wear when participating in traffic are helmets that have all the features specified in Clause 1, Article 3 of Joint Circular 06/2013/TTLT-BKHCN-BCT-BCA-BGTVT, specifically:

- Consist of 3 parts: the outer shell, the impact absorbing liner, and the chin-strap; and have a design that satisfy the requirements in Clause 2 Article 4 of the Joint Circular 06/2013/TTLT-BKHCN-BCT-BCA-BGTVT, including:

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

= 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;

= 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;

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

- Have obtained the Certificate of conformity and declaration of conformity with QCVN 2 : 2008/BKHCN; bear the CR marking and have labels as prescribed by law.

Nhu Mai

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