How much is the fault of not wearing a seatbelt?

Luật Sư: Lê Minh Công

11:15 - 08/10/2020

Seat belts are one of the important inventions of humanity to protect human life. Currently, the road traffic law has stipulated that drivers of vehicles that are cars and passengers on cars must strictly wear seat belts. So how much is the penalty for not wearing a seatbelt in 2020? Law Firm DFC would like to send you the answer to the above question.

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How much is the fault of not wearing a seatbelt?

1. Error not wearing seatbelt 2020

Seat belts are a great invention in protecting human life when participating in traffic, seat belts are often equipped for cars, trains, airplanes ... when a strong collision occurs, the seat belt will keep the person in the car from being thrown away, hitting dangerous objects.

The fault of not fastening seat belts is the fact that traffic participants do not wear seat belts while participating in traffic.

*The latest seatbelt error law for people sitting in cars

  • In Clause 2, Article 9 of the Road Traffic Law 2008 stipulates that "Cars equipped with seat belts, people in the front row must wear seat belts"
  • According to the 1968 International Convention on Traffic Safety, which Vietnam became a member in 2014, "Drivers and passengers on motor vehicles are required to wear seatbelt, except for exceptionsas stipulated by the domestic lawsof the Member State."

Thus, there is a conflict of law between the Treaty and domestic law, in accordance with the current law, the provisions of the Treaty will apply. But not all traffic participants have mastered the provisions of the 1968 International Traffic Treaty, so the Government has developed and issued Decree 100/2019/ND-CP to realize international law provisions including the contents of fastening the seatbelt of the Treaty into the Vietnamese legal system.

2. How much is the error of not wearing a seatbelt in 2020?

Regarding the penalty for not wearing seatbelt, Decree 46/2016/ ND-CP, the driver and the person sitting on the car include 2 cases:

  • The person in front does not wear a seatbelt
  • The person in the back does not wear a seatbelt

According to this decree, if the seat position is equipped with a seat belt without seatbelt when the vehicle is running, it will be sanctioned with a specific fine of VND 100,000 to VND 200,000,000.

Currently, the latest regulations on non-seatbelt errors are implemented in accordance with the provisions in Decree 100/2019/ND - CP, effective01/01/2020 has increased many times the sanction for the behavior of drivers of vehicles without seat belts.

  • Error not to fasten car seat belts, drivers do not wear seat belts: Fines from 800,000 thousand to 1 million.
  • The fault of the person in the extra seat does not wear a seatbelt on the car, the passenger sitting on the car does not wear a seatbelt, the person behind the car does not wear a seatbelt is fined from 300,000 thousand to 500,000 thousand DONG.

As above is the entire law on the error of not fastening seat belts when participating in the latest traffic in accordance with the current law. If you have any questions or legal situations to resolve can contact the Road Traffic Advisory Center 1900.6512, dfc law firm's team of lawyers and consultants are ready to answer all your questions anytime, anywhere.

Luật Sư: Lê Minh Công

Luật Sư: Lê Minh Công

Với bề dày kinh nghiệm hơn 15 năm trong ngành tư vấn pháp luật, Luật sư tranh tụng tại Tòa án, Ông Lê Minh Công đã dẫn dắt DFC trở thành một thương hiệu uy tín và chất lượng cho người dân và là một trong những công ty đi đầu tại Việt Nam trong lĩnh vực tư vấn luật qua tổng đài.

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