Penalties imposed upon by operators of mopeds and motorcycles violating regulations on roadworthiness of vehicles running on public roads in Vietnam

Penalties imposed upon by operators of mopeds and motorcycles violating regulations on roadworthiness of vehicles running on public roads in Vietnam (Internet image)

What are motorcycles and mopeds?

Pursuant to QCVN 41:2019/BGTVT issued together with Circular 54/2019/TT-BGTVT, motorcycles and mopeds are defined as follows:

- Motorbike means a two- or three-wheel motor vehicle and similar vehicles for passenger transport, moving by an engine with a cylinder capacity of 50 cm3 or more and weighing not more than 400kg, for two-wheeled motorcycles or carrying capacity from 350kg to 500kg for 3-wheel motorcycles. This definition does not include motorcycles.

- Motorcycle is a vehicle powered by an engine, has 2 or 3 wheels and whose maximum design speed is not greater than 50 km/h. If the driving motor is a heat engine, the working capacity or equivalent capacity shall not be more than 50 cm3.

Conditions for motorcycles and mopeds to be allowed to join in road traffic in Vietnam

According to Clause 2, Article 53 of the Law on Road Traffic 2008, motorcycles, three-wheeled motor vehicles and mopeds of right types allowed to join in road traffic must satisfy the following quality, technical safely and environmental protection standards:

- Being equipped with an effective brake system;

- Being fitted with an effective steering system;

- Being fully equipped with driving and passing lamps, registration plate lamp, stop lamp and signal lamps;

- Having the wheels fitted with pneumatic tires of the right size and right technical standards for each type of automobile;

- Having sufficient rear-view mirrors and other equipment and devices to ensure the operator’s visibility;

- Having a horn of standard volume;

- Being fully equipped with an exhaust silencer, an exhaust pipe and other equipment and devices to ensure exhaust gas and noise up to environmental standards;

- Their structures are durable enough and ensure stable operation.

Penalties imposed upon by operators of mopeds and motorcycles violating regulations on roadworthiness of vehicles running on public roads in Vietnam

According to Article 17 of Decree 100/2019/ND-CP, Point m, Point n Clause 34, Point dd Clause 36 Article 2 of Decree 123/2021/ND-CP stipulates on 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:

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

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

+ Operating a vehicle with an inappropriate license plate; the letters and numbers on the license plate are not clear; a license plate that is bent, blocked, or damaged; painting and altering additional letters and numbers or changing color of letters, numbers and background of the license plates (including trailers and semi-trailers);

+ Operating a vehicle without turn signals or without functional ones;

+ Using an inappropriate horn for the type of vehicle;

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

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

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

+ Operating a vehicle with an additional headlamp towards the back.

- A fine ranging from VND 300,000 to VND 400,000 shall be imposed for:

+ Operating a vehicle without a corresponding certificate of vehicle registration or trailer/semi-trailer registration or using an expired certificate of vehicle registration;

+ Using a Certificate of vehicle registration that is falsified, or not consistent with the chassis number or engine number, or not issued by a competent authority;

+ Operating a vehicle without a license plate (if required); or the license plate of which is not consistent with the Certificate of vehicle registration or not issued by a competent authority;

+ Operating a vehicle with an inappropriate license plate; with a license plate on which the letters and numbers are not distinct; with a license plate that is bent, blocked or damaged; altering the letters or numbers on the license plate by paint or sticker or changing color of the letters, numbers and background of the license plate.

- A fine ranging from VND 800,000 to VND 1,000,000 shall be imposed for:

+ Operating a temporarily registered vehicle beyond its temporary operational period or operating area;

+ Operating an illegally manufactured or assembled vehicle on public roads.

- Apart from incurring fines, the violating operator shall also incur the following additional penalties:

+ The violation(s) specified in Point d Clause 1 of Article 17 of Decree 100/2019/ND-CP shall lead to confiscation of horns;

+ The violation(s) specified in Points b and c Clause 2 of Article 17 of Decree 100/2019/ND-CP shall lead to confiscation of certificates of vehicle registration and license plates unsatisfactory to regulations and law or erased;

+ The violation(s) specified in Point a Clause 3 of Article 17 of Decree 100/2019/ND-CP shall lead to suspension of driving license from 01 month to 03 months;

+ The violation(s) specified in Point b Clause 3 of Article 17 of Decree 100/2019/ND-CP shall lead to confiscation of vehicle and suspension of driving license from 01 month to 03 months;

+ The violation(s) specified in Points a and b Clause 2 of Article 17 of Decree 100/2019/ND-CP in case of no certificates of vehicle registration or using certificates of vehicle registration issued by other than competent agencies, not matching chassis number or engine number of the vehicle or erased without documents proving vehicle origin (no documents, certificates on transfer of vehicle ownership or documents, certificates on legal vehicle origin) shall lead to confiscation of vehicle. 

Nguyen Pham Nhut Tan

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