CIRCULAR

Guidelines for Wearing Helmets When Riding Motorcycles and Motorbikes

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Pursuant to Clause c of Article 34 of the Road Traffic Safety Regulations and Urban Traffic Safety Regulations issued together with Decree No. 36/CP dated May 29, 1995 of the Government;

Pursuant to Resolution No. 02/2001/NQ-CP of the Government's Regular Meeting in February 2001 dated March 2, 2001;

Pursuant to Directive No. 08/2001/CT-TTg dated April 27, 2001 of the Prime Minister on focusing on implementing certain measures to reduce traffic accidents and alleviate traffic congestion;

Pursuant to Document No. 407/CN-CP dated May 15, 2001 of the Prime Minister,

The Ministry of Transport provides specific guidelines for mandatory helmet wearing when riding motorcycles and motorbikes as follows:

I. GENERAL GUIDELINES

1. Wearing helmets aims to protect individuals sitting on motorcycles and motorbikes when traveling on Vietnam’s road system from traffic accidents, thereby reducing fatalities or leaving behind disabilities caused by brain injuries.

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

- "Motorbike" is a two-wheeled motorized vehicle with an engine cylinder capacity less than 50 cm³ and a maximum design speed not exceeding 50 km/h.

- "Motorcycle" is a two- or three-wheeled motorized vehicle with an engine cylinder capacity of 50 cm³ or more and a total vehicle weight not exceeding 400 kg.

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

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

5. Helmets for motorcycle and motorbike riders (hereinafter referred to as helmets) are those produced according to Vietnamese Standard TCVN 5756-2001 and inspected by the Vietnam Vehicle Inspection Agency as meeting quality standards and bearing an inspection certification label.

II. SPECIFIC GUIDELINES

1. As of June 1, 2001, it is mandatory for individuals sitting on motorcycles and motorbikes (including children) to wear helmets when traveling on Vietnam’s road system in accordance with Resolution No. 02/2001/NQ-CP dated March 2, 2001 of the Government.

However, based on the actual situation, initially only reminders will be given, without penalties, to those not wearing helmets while riding motorcycles and motorbikes within city centers and urban areas. Individuals sitting on motorcycles and motorbikes (including children) traveling on national highways and provincial roads outside city centers and urban areas who do not wear helmets will be subject to penalties under the law.

2. Continue to promote and encourage all individuals sitting on motorcycles and motorbikes to wear helmets when traveling on city center and urban area roads.

Civil servants of state agencies and students and pupils of universities, colleges, vocational schools, and technical training institutions should set a good example by wearing helmets when traveling on city center and urban area roads in compliance with Government Resolution No. 02/2001/NQ-CP.

3. By May 31, 2001, the Vietnam Highway Administration, Provincial Department of Transportation, or Provincial Department of Transportation and Public Works must complete the installation of signboards clearly indicating the boundaries of city centers and urban areas on all routes so that motorcycle and motorbike riders can be aware and comply with helmet-wearing requirements.

4. By May 31, 2001, the Vietnam Vehicle Inspection Agency must publicly announce on mass media the inspection locations, inspection procedures, and inspection standards for helmets so that helmet manufacturing and trading enterprises can undergo inspections. At the same time, they must provide detailed information about the inspection certification labels affixed to helmets and the types and models of helmets that have been inspected for public knowledge when purchasing.

III. IMPLEMENTATION

1. The Director of the Vietnam Highway Administration, the Director of the Provincial Department of Transportation, or the Director of the Provincial Department of Transportation and Public Works shall closely cooperate with the Provincial Department of Justice, Provincial Department of Health, Provincial Department of Culture and Information, and the Police of the province or centrally administered city to widely disseminate the contents of this Circular to the people nationwide and organize its implementation.

2. The Vietnam Vehicle Inspection Agency shall work with the Market Management Agency, the Ministry of Trade, and the General Customs Department to take measures to inspect domestically produced or imported motorbike helmets to eliminate substandard helmets (TCVN - 5756) from being sold on the market.

3. This Circular takes effect from the date of issuance and replaces Circular No. 312/2000/TT-BGTVT dated August 10, 2000 of the Minister of Transport.

During the implementation process, if there are any difficulties, relevant agencies, units, and the public are requested to promptly report them to the Ministry of Transport for consideration and resolution.