Sitting in the back seat of a car without a seat belt is still subject to a fine.

11:58, 11/05/2023

If traffic police detect that people in cars (including those in the back seats) are not wearing seat belts, they have the right to impose fines. However, many people still do not fully understand this regulation.

Wearing a seat belt when driving a car is an action aimed at helping to minimize injuries in the event of a traffic accident. In Vietnam, in the past, wearing a seat belt was only mandatory for the driver and the front passenger, without mentioning the people sitting in the rear seats of the car. Specifically, the 2008 Road Traffic Law stipulates that if a car is equipped with a seat belt, the driver and the people sitting in the front seats of the car must wear a seat belt (Clause 2, Article 9).

People sitting in cars are required to wear seat belts in places equipped with seat belts.

However, in 2014, Vietnam officially joined the 1968 International Convention on Road Traffic. Unlike the 2008 Law on Road Traffic, this International Convention stipulates that drivers and passengers in motor vehicles with seats equipped with seat belts are required to wear seat belts, except in exceptional cases according to domestic law. With this provision, drivers and passengers in the vehicle, including those sitting in the front row and those sitting in the back row, if the seat is equipped with a seat belt, are required to wear seat belts.

Therefore, in April 2016, the National Assembly officially promulgated the Law on International Treaties (Law No. 108/2016/QH13) which took effect from July 1, 2016. It stipulates that in cases where legal documents and international treaties to which the Socialist Republic of Vietnam is a member have different provisions on the same issue, the provisions of that international treaty shall apply, except for the Constitution. In other words, the provisions on wearing seat belts when sitting in a car will be applied according to the provisions of the 1968 International Convention on Road Traffic.

Specific fines for not wearing seat belts

In parallel with the provisions of the law, Decree No. 46/2016/ND-CP was issued for the first time, clearly stating the time and specific fine for the violation of not wearing a seat belt while the vehicle is running for the driver and passengers (including those sitting in the front row and those sitting in the back row) if the seat is equipped with a seat belt. Accordingly, this violation will be officially punished from January 1, 2018, with a fine ranging from 100,000 to 200,000 VND.

Under current regulations, people sitting in the back seat of a car without wearing a seat belt will also be fined.

However, in 2019, in Decree 100/2019/ND-CP replacing Decree 46/2016/ND-CP issued by the Government (effective to date), the fine for not wearing a seat belt was increased. Specifically, a fine of 800,000 - 1,000,000 VND will be imposed on drivers who do not wear a seat belt while driving on the road; carrying people in cars without wearing seat belts (in locations equipped with seat belts).

As for people being transported in cars, they will be fined from 300,000 - 500,000 VND if they do not wear a seat belt (where seat belts are equipped) while the car is running.

Notably, for the violation of not wearing a seat belt, the offending driver will not be subject to the penalty of having his/her driver's license revoked.

According to Thanh Nien

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