From August 15, the Traffic Police Department (Cục CSGT, under the Ministry of Public Security) said the Government issued Decree No. 238/2026/NĐ-CP amending Decree No. 168/2024/NĐ-CP on administrative penalties for road traffic order and safety; Decree 238/2026/NĐ-CP takes effect from August 15. Meanwhile, from July 1, the mandatory use of child safety devices in cars has been implemented in Vietnam. The new decree adds penalties for not using safety devices for children when travelling by car. Specifically, from August 15, drivers carrying children under 10 years old and shorter than 1.35 m who do not use appropriate safety devices will be issued a warning. The representative notes this does not apply to passenger transport vehicles.
Cause and Context
The amendments to Decree 168/2024/NĐ-CP through Decree 238/2026/NĐ-CP introduce a stricter framework for road traffic order and safety. A key element is the mandatory use of child safety devices for young passengers and the enhancement of monitoring and data reporting requirements for transport vehicles. The changes are aimed at improving child protection during car travel and raising road-safety standards.
Key provisions and developments
Child safety devices and passenger placement rules:
- From August 15, drivers with children under 10 years old and shorter than 1.35 m who do not use appropriate safety devices will receive a warning. The rule does not apply to passenger transport vehicles.
- The decree prohibits placing children under 10 years old and shorter than 1.35 m in the same row as the driver, except in vehicles with only one row of seats.
Monitoring devices and penalties:
- The decree adds provisions on the installation, management, and data transmission from journey monitoring devices and image-recording devices on transport vehicles.
- From January 1, 2028, penalties will start for violations related to image-recording devices on passenger transport vehicles with fewer than eight seats, goods transport vehicles (except tractor units), and internal transport vehicles.
- From January 1, 2029, penalties will apply to violations related to image-recording devices in the passenger cabin.
- If a vehicle does not install the required device, or the device does not function or misreports data, penalties will apply.
Financial penalties and enforcement scope:
- For operating a vehicle without monitoring devices or image-recording devices, the owner may be fined 5–6 million VND for individuals and 10–12 million VND for organizations.
- The decree tightens the operation of contract-based passenger transport; for example, pick-up and drop-off at fixed locations not in accordance with regulations will be penalized.
- Notably, the decree imposes fines of 12–14 million VND for a non-transport business vehicle driver who transports paying passengers or confirms bookings for each passenger outside the contracted transport.
Data and timelines
- Child safety devices became mandatory from July 1.
- Decree 238/2026/NĐ-CP takes effect from August 15.
- Penalties related to image-recording devices on certain vehicle types begin January 1, 2028, with broader penalties for passenger cabins beginning January 1, 2029.
- Penalties for operating without required devices: individuals 5–6 million VND; organizations 10–12 million VND.
Impact
The changes are designed to deter illegal private transport and improve traffic order and safety by strengthening child-protection measures and ensuring monitoring devices are installed and functioning in transport vehicles.
Official/Expert Opinion
The Traffic Police Department states that the new rules are intended to deter illegal private transport and raise road-safety standards, particularly regarding child safety and the use of monitoring and image-recording devices in transport vehicles.
