Thông tư 312/2000/TT-BGTVT

CIRCULAR

GUIDING THE WEARING OF SAFETY HELMETS WHEN RIDING MOTORCYCLES OR MOTORBIKES

In furtherance of Clause c, Article 34 of the Regulation on Land Road and Urban Traffic Order and Safety, issued together with the Government’s Decree No. 36/CP of May 29, 1995;
The Ministry of Communications and Transport hereby guides the wearing of safety helmets by people sitting on motorcycles or motorbikes riding on roads as follows:

I. GENERAL GUIDANCE

1. Wearing safety helmets is aimed to protect people who sit on motorcycles or motorbikes moving on roads from head and brain injuries which may cause death or serious infirmities in case of traffic accidents.

2. Motorcycles and motorbikes moving on roads are concretely divided as follows:

- "Motorbikes" are land road motorized vehicles, having 2 wheels, operated by engines with a cylinder capacity of under 50 cm3 and a maximum designed speed of not exceeding 50 km/h.

- "Motorcycles" are land road motorized vehicles, having 2 or 3 wheels, operated by engines with a cylinder capacity of over 50 cm3 and a total weight of up to 400 kg.

3. People sitting on motorcycles or motorbikes are Vietnamese and foreign nationals, including:

- Vehicles’ operators who are also called riders.

- People sitting on the vehicles together with the riders.

4. "Safety helmets" are helmets produced under Standard ISO 1873-1977 or Vietnam�s Standard TCVN 5756-1993 and expertised by the Registry Department for their conformity with quality criteria; particularly in 2000, safety helmets are helmets of various types currently sold on the Vietnamese market.

II. DETAILED GUIDANCE

1. As from September 1st, 2000, those who sit on motorcycles or motorbikes riding for long distance on national highways which have already been upgraded and/or improved and on roads leading into Hanoi capital, Ho Chi Minh city, Hai Phong city and Da Nang city must wear safety helmets.

2. As from January 1st, 2001, those who sit on motorcycles or motorbikes riding on national or provincial roads outside the territories of provincial towns and cities as well as the inner areas of centrally-run cities must wear safety helmets.

3. Before August 30, 2000, the Vietnam Land Road Administration, authorized by the Ministry of Communications and Transport, shall publicly announce the national highways; the provincial/municipal Communications and Transport Services (Communications and Public Works Services), authorized by the People’s Committees of the provinces and centrally-run cities, shall publicly announce the locally-managed road sections, where people sitting on motorcycles or motorbikes must wear safety helmets when travelling thereon.

4. To encourage people to wear safety helmets when sitting on motorcycles or motorbikes riding on roads inside towns and cities as well as on roads other than those prescribed in Items 1 and 2 of this Part II .

5. Those who sit on motorcycles or motorbikes riding on the roads where wearing helmets is compulsory as prescribed, but fail to do so, shall be administratively sanctioned according to the provisions of law.

III. IMPLEMENTATION ORGANIZATION

1. The Director of Vietnam Land Road Administration and the directors of the provincial/municipal Communications and Transport Services (Communications and Public Works Services) shall closely coordinate with the Vietnam Fatherland Front, the provincial/municipal Justice Services, Health Services, Culture and Information Services and especially Public Security Services in disseminating among people the contents of this Circular as well as organizing its implementation.

2. This Circular takes effect as from September 1st, 2000. If any problems arise, concerned agencies, units and people are requested to promptly report them to the Ministry of Communications ad Transport for consideration and settlement.