Licences & Legal Eligibility
Helmet Rules for Motorbike Riders and Passengers in Vietnam: Which Legal Text to Check
About 4 minutes to read
Helmet rules raise specific questions. Must the passenger wear one? Does a half-shell or a cap-style helmet count? Can you be booked for a loose strap, and how much is the fine? This guide ties each point to its legal text, as checked against official pages on 24 October 2026. Where the texts are silent, it says so instead of guessing.
Three layers of rules
- The Law on Road Traffic Order and Safety (Law 36/2024/QH15, in force since 1 January 2025 and amended by Law 118/2025/QH15 from 1 July 2026). Article 33(2) creates the duty to wear a helmet.
- Decree 168/2024/ND-CP on administrative penalties for road traffic offences. Article 7(2)(h) and (i) set the fine. Decree 238/2026/ND-CP, in force since 15 August 2026, amends some articles of that decree.
- National technical regulation QCVN 2:2021/BKHCN, which says what a compliant helmet is.
Who must wear a helmet
Under Article 33(2), the rider and anyone carried on a two-wheeled motorcycle, a three-wheeled motorcycle or a moped must wear a helmet that meets the national technical regulation and must fasten the strap properly. The duty has two parts: the helmet has to be compliant, and the strap has to be fastened.
The fine under Decree 168
| Behaviour | Who is fined | Fine |
|---|---|---|
| Riding without a helmet, or with the strap not properly fastened (point h) | The rider | 400,000 to 600,000 VND |
| Carrying a passenger who has no helmet, or whose strap is not properly fastened (point i) | The rider | 400,000 to 600,000 VND |
The Ministry of Public Security repeats these amounts in its summary of common motorbike offences dated 26 January 2025. Point (i) exempts the rider from the penalty only when the passenger is a child under 6; Article 33(2) still requires passengers to wear a compliant, fastened helmet. The helmet offence is a fine only: it is not on the provincial police list of offences that cost licence points, which is explained in how Vietnam’s driving licence points system works.
What counts as a compliant helmet
A page from the national standards body dated 13 September 2021 says that from 1 January 2024 helmets made in Vietnam or imported must meet QCVN 2:2021/BKHCN before they are sold. Under sections 2.3 and 3.1 of the regulation, a helmet made in Vietnam must carry the conformity mark, known as the CR mark, before it goes on sale; the mark must be clear and easy to recognise, printed on the helmet or on waterproof material attached to it. The regulation describes four helmet types and limits the peak to 70 mm when it is detachable and 50 mm when it is part of the shell.
‘Properly fastened’ is not defined
No law or decree read for this guide defines the phrase. The Traffic Police Department, in a bulletin of 16 June 2026 about three people on one motorbike with an unhelmeted passenger, only advises riders to wear compliant helmets in the proper way.
If you are renting
Ask from the moment you book whether the rental includes helmets for both the rider and the passenger, and look for the conformity mark when you collect them. What a quote usually covers is set out in what a Hanoi motorbike rental quote includes.
What the texts leave out
- A definition of a properly fastened strap.
- Sizes or a minimum age for children’s helmets.
- Which helmet type goes with which vehicle.
Because the decree has been amended, check the latest consolidated text if you need the exact fine for the date of an offence.
Sources checked
- Law 36/2024/QH15, consolidated text from the National Assembly Office (PDF), Article 33(2)
- Decree 168/2024/ND-CP, full text, Article 7
- Ministry of Public Security, 26 January 2025: fines for common motorbike offences
- National standards body, 13 September 2021: new points in QCVN 2:2021/BKHCN
The Vietnamese version of this guide lists every page with its date.
Questions to ask the shop about helmets
How many helmets come with the bike, and in which sizes? Do they carry the conformity mark? Nguyen Ha’s phone number is 0334 699 969; listed bikes and deposits are on Hanoi motorbike rental prices.
