Following the Government's issuance of Decree 238/2026, which stipulates that from 15/8, drivers transporting children without appropriate safety devices will receive a warning penalty, many people wondered about enforcement during the period from 1/7 to 14/8. During this time, the mandatory child car seat regulation is already in effect, leading to questions of whether violators would be fined under the older Decree 168/2024.

The Traffic Police Department stated that Decree 168/2024 specifies the following child car seat regulation: "a fine of 800,000-1,000,000 VND for transporting children under 10 years old and under 1.35 meters tall in the front passenger seat or not using appropriate safety devices", effective from 1/7/2026.

Decree 168/2024 was based on the Road Traffic Order and Safety Law 2024. In 12/2025, the National Assembly issued Law 118/2025, which amended and supplemented several articles across 10 laws related to security and order. This included revisions to the Road Traffic Order and Safety Law 2024 concerning the transport of children in oto, with an effective date of 1/7/2026.

On 26/6, the Government issued Decree 238/2026, which amends and supplements Decree 168/2024. However, this new decree will only take effect from 15/8.

Simply put, Decree 168/2024 addressed violations under the original Road Traffic Order and Safety Law 2024. Decree 238/2026, on the other hand, enforces penalties based on the Road Traffic Order and Safety Law 2024 as amended by Law 118/2025, which became effective on 1/7/2026. This implies that penalties for violations under the amended traffic law will be applied according to the new Decree 238/2026. However, since Decree 238/2026 only comes into effect on 15/8, there will be no enforcement for the act of not using child safety devices in oto during the period from 1/7 to 14/8.

A child car seat model in an oto. Photo: Ho Tan

Despite the temporary non-enforcement during this transition period, the use of child safety seats remains mandatory by law from 1/7. Unlike seat belts designed for adults, child car seats secure a child's body according to their height and weight, restricting movement during collisions or sudden braking. This significantly reduces the risk of injuries to the head, neck, and spine. Therefore, parents should select products appropriate for their child's age, height, and weight, prioritizing those that meet safety standards and are installed correctly to ensure effective protection.

Pham Hai