Using phone while waiting at red lights not fined, legal expert clarifies

Motorcylists use phones while stopped at a red light. Photo by VnExpress/ Minh Quan

Using mobile phones while waiting at traffic lights is a common sight in Vietnam. However, many have wondered whether this action could lead to a fine.

Chung explained that under Clause 6, Article 9 of the 2024 Law on Road Traffic Order and Safety, it is prohibited to "hold and use a phone or other electronic device while operating a moving vehicle on the road."

According to Decree 168/2024, motorbike and moped riders caught using phones or other electronic devices while operating their vehicles can be fined between VND800,000 and VND1 million (US$30–38). If their actions cause an accident, the fine increases to VND10–14 million. Car drivers face fines from VND4–6 million for the same offense, and VND20–22 million if an accident occurs.

Chung said the law applies only to those using a phone while operating a vehicle that is moving. When a vehicle is stopped at a red light, it is not considered in motion, so the act does not fall under this regulation, he added.

However, he noted that if using a phone distracts a driver, delays reaction when the light turns green, or causes obstruction to vehicles behind, it could be considered an act of hindering traffic and may still be penalized.

He advised that although there is no direct fine for this behavior, drivers should remain cautious. He noted that even at red lights, using a phone can cause distraction, delay reactions, and increase the risk of congestion or collisions. For safety, he said, it is best to avoid using electronic devices while waiting at intersections.