How much is the fine for wearing an unfastened helmet?

Clause 2, Article 30 of the 2008 Road Traffic Law stipulates: "Drivers and passengers of two-wheeled motorbikes, three-wheeled motorbikes, and mopeds must wear helmets with properly fastened straps."

Clause 2, Article 31 of this Law also stipulates: “Drivers and passengers on motorbikes must wear helmets with properly fastened straps.”

However, at point k, clause 2, Article 6 and point d, clause 3, Article 8 of Decree 100/2019/ND-CP also exclude and do not penalize the following 3 cases of not wearing helmets: Transporting sick people to the emergency room; Transporting children under 6 years old; Escorting people who violate the law.

On December 28, 2021, the Government issued Decree No. 123/2021/ND-CP amending and supplementing a number of articles of the Decree regulating administrative sanctions for violations in the fields of maritime; road and railway traffic; and civil aviation. The Decree takes effect from January 1, 2022.

Accordingly, Decree 123/2021/ND-CP also amends, replaces and supplements a number of articles in Decree 100/2019/ND-CP on penalties for violations of helmet wearing regulations for motorcyclists, motorbikes, motorized bicycles and electric motorbikes.

Point b, Clause 4, Article 2 and Clause 6, Article 2 of Decree 123/2021/ND-CP clearly state that drivers of motorbikes, scooters, motorized bicycles (including electric bicycles), and electric motorbikes will be fined VND 400,000 - 600,000 for the following acts:

- Not wearing a helmet or wearing a helmet but not fastening the strap properly when driving in traffic.

- Carrying a person on a vehicle who is not wearing a helmet or is wearing a helmet but not fastening the strap properly, except in cases of transporting a sick person to the emergency room, a child under 6 years old, or escorting a person who has violated the law.

In addition, Point b, Clause 7, Article 2 of Decree 123/2021/ND-CP stipulates a fine of VND 400,000 - 600,000 if the person sitting behind does not wear a helmet or wears a helmet but does not fasten the strap properly when participating in traffic on a motorbike, moped (including electric motorbikes), vehicles similar to motorbikes, vehicles similar to mopeds, and motor bicycles (including electric bicycles).

Thus, according to current regulations, not only the driver but also the person sitting behind a motorbike, moped, motorized bicycle, electric motorbike and similar vehicle that does not wear a helmet properly will be punished.

In case both the driver and the passenger do not wear helmets according to regulations, they will be administratively fined with a total fine of 800,000 - 1,200,000 VND.

According to VTC