Circular No. 01/2003/TT-BGTVT guiding the wearing of helmets when riding motorcycles and motorbikes

 CIRCULAR

Guidelines for Wearing Helmets When Riding Motorcycles and Scooters

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Pursuant to Clause 2, Article 28 of the Road Traffic Law No. 26/2002/QH10 adopted by the 10th National Assembly at its 9th session on June 29, 2001, which came into effect on January 1, 2002;

Pursuant to Resolution No. 02/2001/NQ-CP of the Government's regular meeting dated March 2, 2001;

Pursuant to Resolution No. 13/2002/NQ-CP of the Government dated November 19, 2002 on measures to curb and gradually reduce traffic accidents and traffic congestion;

To minimize injuries or disabilities caused by head trauma to persons riding motorcycles and scooters when participating in road traffic and unfortunately involved in traffic accidents;

The Ministry of Transport hereby provides specific guidelines on the mandatory wearing of helmets when riding motorcycles and scooters as follows:

I. General Guidelines

1. Wearing helmets aims to protect persons sitting on motorcycles and scooters when traveling on Vietnam’s road system from traffic accidents, thereby reducing fatalities or disabilities caused by head trauma.

2. Motorcycles and scooters traveling on roads are classified as follows:

a. Motorcycles are motorized wheeled vehicles with two or three wheels, having a cylinder capacity of 50 cubic centimeters or more and a total weight not exceeding 400 kilograms.

b. Scooters are motorized wheeled vehicles with two wheels, having a cylinder capacity less than 50 cubic centimeters and a maximum design speed not exceeding 50 kilometers per hour.

3. Persons sitting on motorcycles and scooters when traveling on Vietnam’s road system include Vietnamese citizens or foreign nationals driving the vehicle (also referred to as drivers) and passengers carried on the vehicle.

4. Vietnam’s road system includes national highways, provincial roads, district roads, commune roads, and specialized roads.

5. Helmets for motorcycle and scooter riders(hereinafter referred to as helmets) are those produced according to the Vietnamese standard TCVN 5756-2001 and recognized by competent Vietnamese authorities as meeting quality standards and bearing a certification label.

II. Specific Guidelines:

1. Mandatory wearing of helmets for persons sitting on motorcycles and scooters (including children and disabled persons) when traveling on Vietnam’s road system within sections and routes marked with signs "Mandatory Helmet-Wearing Zone for Motorcycle and Scooter Riders.". These sections and routes are specified in the annexed list "List of Sections and National Highway Routes Where Helmet-Wearing Is Mandatory for Motorcycle and Scooter Riders." Enterprises importing tobacco raw materials and cigarette paper for producing tobacco products for export or processing tobacco products for export shall submit registration applications according to Form

2. The Vietnam Highway Administration, Provincial Departments of Transportation, and Public Works have the responsibility to:

a. Direct road management units:

Continue to supplement and complete the installation of signboards clearly indicating the boundaries of urban and town areas and install directional signboards with the following content: "Mandatory Helmet-Wearing Zone for Motorcycle and Scooter Riders"on the road systems under their management so that motorcycle and scooter riders are aware and comply with helmet-wearing requirements.

Characteristics of the signboard "Mandatory Helmet-Wearing Zone for Motorcycle and Scooter Riders":

Blue signboard with white letters, dimensions 240 cm x 200 cm for roads with up to three lanes without a median strip.

Signboard size 360 cm x 300 cm for roads with four or more lanes with a median strip.

Signboards should be placed at the beginning of the route on the right side, unobstructed from view, clearly visible, easily recognizable, and in accordance with the provisions of "Traffic Sign Regulations 22TCN 237-01" to ensure compliance by motorcycle and scooter riders, ensuring traffic safety, and repeating every 40 to 50 kilometers.

Progress in installing signboards: For the road system, the installation of directional signboards "Mandatory Helmet-Wearing Zone for Motorcycle and Scooter Riders"must be completed before January 31, 2003.

b. Widely publicize through central and provincial mass media the regulations on helmet-wearing, sections and routes where helmet-wearing is mandatory, as stipulated by the Government and this Circular.

c. Direct traffic inspection forces:

Closely cooperate with the Traffic Safety Committee, local authorities to strengthen propaganda and dissemination of the Road Traffic Law, Resolution No. 13/2002/NQ-CP dated November 19, 2002 of the Government, and the guidelines of this Circular.

Within their scope of duties and authority, they shall coordinate with traffic police and military inspection forces in handling cases of motorcycle and scooter riders who fail to wear helmets in mandatory zones.

3. State agencies with jurisdiction shall publicly announce on mass media the locations for helmet inspections, inspection procedures, and helmet quality standards for manufacturers and traders of helmets to be aware of inspections, while also informing the public in detail about the inspection labels affixed to helmets, approved brands, and models of helmets.

4. People's Committees of provinces and centrally-administered cities shall plan to direct the People's Committees of districts, towns, and communes to cooperate in creating conditions for road management units to install urban and town boundary signboards and directional signboards, "Mandatory Helmet-Wearing Zone for Motorcycle and Scooter Riders" simultaneously directing the Provincial Departments of Transportation and Public Works and other provincial functional agencies to intensify propaganda and dissemination of Government regulations and the Ministry of Transport's guidelines on helmet-wearing for motorcycle and scooter riders through appropriate forms, thereby promoting a strong change in awareness and enhancing compliance with traffic laws among road users.

5. Civil servants of state agencies; university and college students; vocational and technical school students must set an example by complying with Resolution No. 13/2002/NQ-CP dated November 19, 2002 of the Government and the guidelines of this Circular when riding motorcycles and scooters on sections and routes where helmet-wearing is mandatory.

6. Encourage and motivate all persons riding motorcycles and scooters to wear helmets when traveling in urban and town areas.

III. Implementation Organization

1. The Director of the Vietnam Highway Administration, the Directors of the Departments of Transport, Public Works and Transportation, and the Director of the Vietnam Vehicle Inspection Agency shall be responsible for implementing this Circular and closely coordinating with the Departments of Justice, Health, Culture and Information, and the Provincial Police to ensure consistency in promotional and dissemination activities regarding the wearing of helmets throughout the country.

2. It is requested that the Market Management Agency (Ministry of Commerce), the General Department of Customs (Ministry of Finance) and relevant agencies take positive measures to inspect and handle imported, produced, and sold helmets that do not meet the standard (TCVN-5756) on the Vietnamese market.

3. This Circular takes effect from the date of issuance and replaces Circular No. 08/2001/TT-BGTVT dated May 16, 2001, issued by the Minister of Transport on guidelines for wearing helmets when riding motorcycles and motorbikes.

In the course of implementation, if there are any difficulties, it is requested that relevant agencies and the public promptly report them to the Ministry of Transport for consideration and resolution.