Decree 238/2026, effective from 15/8, amends several articles of Decree 168/2024 concerning administrative penalties in road traffic. Specifically, the penalty clause for individuals aged 16 to under 18 has been adjusted in its wording.

This change in wording led some to misunderstand that once Decree 238 becomes effective from 15/8, individuals aged 16 to under 18 would be penalized for operating all types of motorbikes, instead of only those above 50 cm3 as before.

Previously, under Decree 168/2024, individuals aged 16 to under 18 were fined 400,000-600,000 VND for operating "motorcycles with engine displacement of 50 cm3 or more or electric motor power of 4 kW or more." Under Decree 238/2026, this regulation is revised to "motorcycles and similar types of vehicles."

High school students in Hanoi after school. Photo: Giang Huy

Addressing this misunderstanding, the Traffic Police Department (CSGT) stated that Decree 238 only adjusts legal terminology to align with the Road Traffic Order and Safety Law, without altering the substance of the penalties. The agency explained that Decree 168/2024 previously described vehicles subject to penalties using technical specifications. Decree 238, however, switches to using the term "motorcycles and similar types of vehicles," consistent with the vehicle classification in the Road Traffic Order and Safety Law. This revision in wording does not create new penalty regulations.

According to the Road Traffic Order and Safety Law, a motorcycle is a two- or three-wheeled motor vehicle designed for road use, excluding mopeds. A moped is a vehicle with a design speed not exceeding 50 km/h; if it uses a gasoline engine, its displacement does not exceed 50 cm3, and if an electric motor, its power does not exceed 4 kW.

This means individuals aged 16 to 18 are still permitted to operate mopeds under current regulations but are not allowed to operate motorcycles and similar types of vehicles. Violators will be fined from 400,000-600,000 VND. The Traffic Police Department also noted that "xe may" (motorbike) is a common colloquial term, whereas the law clearly distinguishes between motorcycles and mopeds.

Pham Hai