Licences & Legal Eligibility
Carrying a Child or Two Passengers on a Motorbike in Vietnam
About 7 minutes to read
A couple arrives in Hanoi with a young child and plans to rent one motorbike. Before anyone climbs on, three questions need answers: how many people may ride, whether a child counts the same as an adult, and what happens if a police officer stops you. This guide sets out what Vietnam’s road traffic law and the penalty decree say, how the authorities have applied the rule in a published case, and which points the texts leave open, so you can decide before you book rather than at the roadside.
Short answer: a motorbike rider in Vietnam may carry one passenger. Two passengers are allowed only in four listed cases, one of which is carrying a child under 12. Every rider and passenger must wear a helmet that meets the Vietnamese standard, with the strap fastened. Carrying two passengers outside the listed cases is fined 400,000–600,000 VND under Decree 168/2024, and three or more passengers 600,000–800,000 VND plus licence points. The texts do not set a minimum age or height for a child passenger.
The rule: one passenger, with four exceptions
Clause 1 of Article 33 of the Law on Road Traffic Order and Safety, Law 36/2024/QH15 (in force since 1 January 2025 and since amended, with a consolidated text published in 2026), says the rider of a two-wheeled motorcycle or a moped may carry only one person. A rider may carry at most two people only when one of these applies:
- taking a sick person for emergency care;
- escorting a person who has broken the law;
- a child under 12;
- an elderly or frail person, or a person with a disability.
Read plainly, the general rule is the rider plus one passenger. In the listed cases, the rider may carry up to two passengers, so three people in total are on the bike. The exception is a ceiling, not a recommendation: the law still expects every person on board to wear a helmet and the rider to keep control of the bike.
What counts as “two passengers”
The penalty decree uses the phrase “carrying two people”, meaning two people behind the rider. A news item from Vietnam’s Traffic Police Department dated 16 June 2026 shows how that was applied in one case in Thanh Hoa: a rider with two people on the back was recorded for carrying two passengers and for a passenger without a helmet. It is one published case rather than general guidance, but it confirms that the count is of passengers, not of everyone on the bike.
One question the national texts read for this article do not answer directly is a mixed pair: one child under 12 and one healthy adult behind the rider. Hanoi’s legal-information portal reads the rule as allowing two passengers when at least one of them belongs to a listed group, for example a child under 12. That is a local portal’s reading, not a ruling from a central authority, so treat it as a guide rather than a guarantee.
Helmets for everyone on the bike
Clause 2 of Article 33 requires the rider and every passenger on a motorcycle or moped to wear a helmet that meets the Vietnamese national technical standard, with the strap fastened correctly. In the penalty decree, the helmet offence for a rider carrying a passenger without a helmet excludes children under 6, which means the rider is not fined under that point for a child under 6 without a helmet. That is an exclusion from a fine, not advice: a child on a moving motorbike is better protected in a helmet that fits.
An adult helmet does not fit a small child. Ask the shop well before pickup whether it has a helmet sized for your child, and be ready to buy one if not. The checks in our helmet fit checklist apply to a child’s helmet just as they do to yours.
Fines in Decree 168/2024
| Behaviour | Where in Decree 168/2024 | Fine |
|---|---|---|
| Carrying two passengers outside the permitted cases | Article 7, clause 2, point g | 400,000–600,000 VND |
| Carrying three or more passengers | Article 7, clause 3, point b | 600,000–800,000 VND, and 2 points deducted from the licence (clause 13, point a) |
| A passenger standing on the seat or rack, or sitting on the handlebars | Article 7, clause 3, point e | 600,000–800,000 VND |
| Carrying two, or three or more, passengers and causing a crash | Article 7, clause 10, point b | 10,000,000–14,000,000 VND, and 10 points deducted (clause 13, point d) |
Vietnam’s Ministry of Public Security repeated the fine for carrying two passengers in a summary of common motorbike offences published on 26 January 2025. Decree 168/2024 has since been amended by Decree 238/2026, in force from 15 August 2026; if you need the exact fine for a specific case, check the latest consolidated text or ask the authorities.
What the texts do not say about children
- No minimum age or height for a child riding behind an adult on a motorbike.
- No rule on where a child should sit, in front of or behind the rider or between two adults.
- No central ruling on the mixed case of one child and one adult behind the rider.
Where the law is silent, the practical test is simple: if the child cannot sit securely, hold on and keep their feet on the footrests for the whole ride, a motorbike is the wrong vehicle for that trip.
Planning with a rental bike
The rules are the same for a rented bike as for your own, and a short distance is not an exception. If you plan to ride as a family, decide in advance who rides, who sits where and what happens on longer or busier days.
- Check the seat and footrests with everyone on board before leaving the shop. Our guide to fold-out passenger footrests covers the latch and movement checks.
- Think about load and balance. Extra weight changes how the bike brakes and steers at low speed; see two people on one rental bike for the pre-ride decisions.
- Consider other options for the longest or busiest legs: a taxi or ride-hailing car for the family, or two bikes if both adults ride. The trade-offs are set out in one motorbike or two.
- Licences still apply to whoever rides; the passenger rules do not change the licence a rider needs.
Questions to ask the shop
- Do you have a helmet that fits my child, and what sizes do you have for adults?
- Does the bike I am booking have a long enough seat, a grab rail and fold-out footrests for a passenger?
- If we decide to switch to two bikes during the rental, is that possible, and what would it need?
FAQ
Can I carry my partner and my child on one motorbike in Vietnam?
The law allows a rider to carry two passengers when one of the listed cases applies, including a child under 12. Whether one child plus one adult qualifies is not answered directly in the national texts; Hanoi’s legal portal reads it as allowed when at least one passenger is in a listed group. Everyone must wear a helmet.
Do children need a helmet on a motorbike?
The law requires every passenger to wear a helmet. The penalty decree does not fine the rider under the helmet point for a child under 6 without one, but that is not a recommendation; a helmet that fits the child is the safe choice.
What is the fine for three people on a motorbike?
Under Decree 168/2024, carrying two passengers outside the permitted cases is 400,000–600,000 VND. Carrying three or more passengers is 600,000–800,000 VND with 2 licence points deducted. Check the consolidated text, as the decree was amended from 15 August 2026.
Is there a minimum age for a child passenger?
The texts read for this article set no minimum age or height for a child riding behind an adult. Use the practical test: the child must be able to sit securely, hold on and keep their feet on the footrests.
Are the rules different for a rental motorbike?
No. Passenger limits and helmet rules apply to any motorbike on the road, rented or owned.
Ask the shop
Thuê xe máy Nguyễn Hà is at Ngõ 5 Nguyễn Văn Cừ, Bồ Đề, Long Biên, Hanoi (near Gia Lam bus station), open 09:00–21:00 daily. To ask about helmets and bikes for a family trip, call or message 0334 699 969 (Zalo/WhatsApp).
This guide summarises published rules and is not legal advice.
Sources checked
- Law 36/2024/QH15, consolidated text, Article 33: datafiles.chinhphu.vn
- Decree 168/2024/NĐ-CP, Article 7: xaydungchinhsach.chinhphu.vn
- Ministry of Public Security, common motorbike offences, 26 January 2025: bocongan.gov.vn
- Traffic Police Department, case of three people on a motorbike, 16 June 2026: csgt.bocongan.gov.vn
- Hanoi legal-information portal, children on motorbikes: pbgdpl.hanoi.gov.vn
- CafeF on Decree 238/2026 amending Decree 168, effective 15 August 2026: cafef.vn

