KHÔNG CHẤP HÀNH QUY ĐỊNH "CẤM XE MÁY XĂNG" THÌ NGƯỜI THAM GIA GIAO THÔNG CÓ THỂ BỊ XỬ PHẠT NHƯ THẾ N

LEGAL SITUATION:

Dear Lawyers,

I would like to seek your advice on the following matter. I am currently residing within Ring Road 1 in Hanoi, where a regulation on banning petrol-powered motorcycles from circulating within Ring Road 1 will take effect from 01 July 2026. However, my family has never used electric motorcycles due to certain concerns and has no intention of doing so. Therefore, if by that time my family continues to use petrol-powered motorcycles within Ring Road 1, would this constitute a violation of the law? 

We would appreciate your clarification.

FDVN’s Opinion:

FDVN Law Firm (“FDVN”) would like to thank our valued Client for submitting this inquiry. After reviewing the relevant legal regulations, FDVN provides the following opinion:

On 12 July, Prime Minister Phạm Minh Chính issued Directive No. 20/CT-TTg, requiring Hanoi to prohibit motorcycles and mopeds using fossil fuels (petrol and diesel) from entering the Ring Road 1 area starting from 01 July 2026.

Accordingly, from the above-mentioned date, the continued use of petrol-powered motorcycles within Ring Road 1 shall be considered an administrative violation in the field of road traffic. Pursuant to Point b, Clause 6 and Point a, Clause 13, Article 7 of Decree No. 168/2024/NĐ-CP, the act of entering a prohibited area shall be subject to the following penalties:

“Article 7. Penalties and deduction of points of driving licenses of operators of motorcycles, mopeds, and vehicles similar to motorcycles and mopeds violating road traffic rules

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6. A fine ranging from 2.000.000 VND to 3.000.000 VND shall be imposed on a vehicle operator committing any of the following violations:

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b) Entering prohibited areas, roads with signs prohibiting entry of the operating vehicle, excluding the violations prescribed in Points a and b Clause 7 of this Article and cases of on-duty priority vehicles according to regulations;

Meanwhile, Points a and b, Clause 7, Article 7 of Decree No. 168/2024/NĐ-CP stipulate:

“a) Going against the traffic direction of a one-way road or going against the traffic direction of a road with a “Cấm đi ngược chiều” (Wrong way) sign, excluding the violations prescribed in Point b of this Clause and cases of on-duty priority vehicles as per regulation; operating a vehicle on the sidewalk, excluding cases of operating vehicles on the sidewalk to enter houses or workplaces;

b) Entering an expressway, excluding vehicles serving the management and maintenance of expressways;”

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13. Aside from the additional penalties mentioned above, any vehicle operator committing violations shall face a deduction of driving license points as follows:

Committing acts specified at Point b, Clause 3; Clause 5; Points b, c, d, Clause 6; and Point a, Clause 7 of this Article shall result in a deduction of 02 points from the driving licence;”

Accordingly, drivers of motorcycles, mopeds, vehicles similar to motorcycles, and vehicles similar to mopeds who enter prohibited areas or roads with signs prohibiting such vehicles shall be fined from VND 2,000,000 to VND 3,000,000, except in cases involving priority vehicles performing emergency duties, driving across sidewalks to enter houses or offices, or vehicles serving the management and maintenance of expressways when operating on expressways.

In addition to administrative fines, violators shall also have 02 points deducted from their driving licences in accordance with the law.

The above constitutes FDVN’s legal opinion in response to the Client’s inquiry, based on a review of relevant legal provisions. We hope that this advice will be helpful to you.

Trần Văn Quý – FDVN Law Firm