TỪ 01/01/2025 TỰ Ý THAY ĐỔI KẾT CẤU XE MÁY BỊ XỬ PHẠT NHƯ THẾ NÀO? FROM JANUARY 1ST, 2025, HOW WILL

Legal issue:

Dear Lawyer, I have a question: I work as a delivery shipper using a motorcycle. Due to my job duties, I often deliver heavy goods, so I want to modify my motorcycle’s engine displacement from 110 cm3 to 150 cm3 to make it more suitable for transporting goods. I would like to ask whether modifying the structure of a motorcycle like this is against the law, and if so, what are the penalties? 

FDVN’s response: 

Thank you for sending you consideration to FDVN Lawfirm (“FDVN”), after researching the current legal regulations, FDVN has the following information: 

1. What is motorcycle structure modification? 

The current Law on Road Traffic Order and Safety 2024 does not have specific regulations regarding motorcycle structure modifications; however, clause 7 Article 2 of this law defines the term “vehicle modification as follows: 

“Article 2. Definitions

7. Vehicle modification means changes to characteristics of a vehicle with vehicle registration, license plate, or an imported, used vehicle in a way that changes vehicle type according to regulations of competent authority.” 

Accordingly, Article 9 of the Law on Road Traffic Order and Safety 2024 stipulates prohibited actions as follows: 

“Article 9. Prohibited actions

11. Illegally modifying; intentionally fabricating reading of odometer of motor vehicles; illegally cutting, welding, removing, modifying, reattaching chassis number, engine number of motorized vehicles, heavy-duty vehicles.”

Accordingly, the modification of a vehicle’s structure is understood as the alteration of a vehicle that results in a change to the characteristics of a registered vehicle or an imported used vehicle, leading to a reclassification of the vehicle type as prescribed by the competent authority. The law strictly prohibits unauthorized vehicle modifications (except for national defense and security purposes) and any tampering that alters the vehicle’s technical specifications. Therefore, your act of increasing the engine displacement of the motorcycle from 110cm³ to 150cm³ constitutes a violation of the law.

2. Penalties for motorcycle structure modification from January 1st, 2025: 

According to clause 8 Article 32 Decree no. 168/2024/ND-CP stipulates the fine for motorcycle structure modification as follow: 

“Article 32. Penalties and deduction of points of driving licenses of vehicle operators violating regulations concerning road traffic

…

A fine ranging from 4.000.000 VND to 6.000.000 VND shall be imposed on an individual; a fine ranging from 8.000.000 VND to 12.000.000 VND shall be imposed on an organization that is the owner of a motorcycle, a moped, or a vehicle similar to motorcycles and mopeds committing any of the following violations:

…

b) Arbitrarily changing the chassis, engine, shape, size, or characteristics of the vehicle;

…”

Therefore, from January 1st, 2025, a fine ranging from 4.000.000 VND to 6.000.000 VND shall be applied imposed on an individual, a fine ranging from 8.000.000 VND to 12.000.000 VND shall be imposed on an organization for violation of motorcycle structure modification. 

The above are FDVN’s discussions regarding your issue. We hope the information provided will be useful to you. 

Le Cong Anh Tuan, FDVN Lawfirm