Decree 238/2026, effective 15/8, modifies and supplements penalties for various road traffic violations from Decree 168/2024. The revised regulations primarily target issues with license plates, passenger transport, surveillance equipment, and child safety.

New penalty: white-plate cars charging passengers

Drivers operating private cars (white license plates) without commercial passenger transport registration, but who charge passengers, accept bookings, or sign contracts, will be fined 12-14 million dong and lose 6 points from their driving licenses. This regulation aims to address the issue of private vehicles operating as commercial transport without meeting the required conditions.

New penalty: lack of child safety restraints

Drivers carrying children under 10 years old and under 1.35 meters tall without appropriate safety restraints will receive a warning, a change from the previous fine of 800,000-1,000,000 dong. This rule does not apply to commercial passenger vehicles. However, drivers who allow children in this age and height group to sit in the front passenger seat with them (excluding two-seater vehicles) will still be fined 800,000-1,000,000 dong.

New penalty: no passenger compartment cameras (from 2029)

The decree also adds penalties for commercial passenger vehicles with 8 seats or more that fail to install image recording devices in the passenger compartment, or if such devices are non-functional or tamper with data. This regulation will be enforced from 1/1/2029, with fines ranging from 1-2 million dong. This gives businesses operating such passenger transport vehicles two and a half years to prepare for the installation of passenger compartment cameras.

Obscuring license plates, fines of 20-26 million dong

A "cold penalty" (traffic enforcement) camera installed at the Nguyen Duc Canh - Tran Nguyen Han intersection, Hai Phong. *Photo: Le Tan*

Under Decree 168/2024, fines for offenses such as "not attaching enough license plates, attaching them incorrectly, or allowing them to be faded, obscured, bent, or altered in terms of characters, numbers, color, shape, or size" were 20-26 million dong for cars and 4-6 million dong for motorcycles. Decree 238/2026 adds to this penalty the offense of "interfering with cameras to make license plates difficult or impossible to identify", even if the plate is clearly visible to the naked eye. Examples include reflective film, coatings, or devices that cause camera glare.

Contract vehicles carrying passengers not on the list

Drivers of commercial contract passenger vehicles will be fined 1-2 million dong if they violate regulations concerning contracts, passenger lists, or pick up and transport individuals not named on the list. Compared to the old regulations, Decree 238/2026 clarifies cases involving the use of paper contracts that are incomplete or lack a passenger list. The fine remains unchanged.

Transporting materials that spill

Drivers of vehicles transporting construction materials, soil, rocks, waste, or bulk goods without proper covering, allowing them to spill onto the road or water to flow onto the road, will be fined 2-4 million dong. Compared to the old regulations, the description of this offense has been simplified, no longer specifically mentioning cases of "no cover or tarp, or having a cover or tarp but still allowing spillage".

Internal transport vehicles without driver cameras

Drivers of commercial passenger vehicles or internal transport vehicles will be fined 3-5 million dong if they fail to install driver image recording devices, if the devices are non-functional, or if they tamper with data. Compared to the old regulations, Decree 238/2026 expands the scope of application from commercial passenger vehicles with 8 seats or more to include internal transport vehicles. Vehicle owners who are individuals will be fined 5-6 million dong, while organizations will face fines of 10-12 million dong in corresponding cases.

Pham Hai