Participating in traffic is an inevitable thing for most subjects today. In order to ensure the efficiency of movement, transportation, and safety, it is necessary to consider the conditions governing the permitted age in traffic, as well as specifying the means of transport in which different ages can be used. use, ensure in vehicle control, safety and compliance with traffic regulations, in addition to the conditions of driver’s license and other documents. So about the matter “How much is the fine for underage driving in Vietnam?” Let’s find out with LSX in the article below.
Legal grounds
- Road Traffic Law 2008
- Decree 123/2021/ND-CP
- Decree 100/2019/ND-CP
Conditions on driving age of road users
• According to Clause 1, Article 53 of the Law on Road Traffic 2008, drivers participating in traffic must meet the age and health conditions specified in Article 60 of the Law on Road Traffic 2008 and have a valid driving license. suitable for the type of vehicle permitted to be driven issued by a competent state agency.
• Learners who practice driving when participating in traffic must practice on a practice car and have a teacher sponsor the steering wheel.
• Accordingly, the age and health conditions of the driver are regulated as follows:
+ Persons aged full 16 years or older may drive motorcycles with a cylinder capacity of less than 50 cm3;
+ Persons aged full 18 years or older may drive two-wheeled motorcycles, three-wheeled motorcycles with a cylinder capacity of 50 cm3 or more and vehicles of similar structure; trucks and tractors with a tonnage of less than 3,500 kg; passenger cars with up to 9 seats;
+ Persons aged full 21 years or older may drive trucks or tractors with a tonnage of 3,500 kg or more; driver of class B2 pulling trailers (FB2);
+ Persons aged full 24 years or older may drive passenger cars with between 10 and 30 seats; Class C drivers pulling trailers and semi-trailers (FC);
+ Persons aged full 27 years or older may drive passenger cars with over 30 seats; Class D drivers towing trailers (FD);
+ The maximum age of drivers of passenger cars with over 30 seats is 50 years old for women and 55 years old for men.
• The driver must have a health suitable for the vehicle type and use of the vehicle. The Minister of Health shall assume the prime responsibility for, and coordinate with the Minister of Transport in, stipulating health standards for drivers, periodical medical examinations for car drivers and regulations on medical facilities. medical examination of the driver.
How much is the fine for underage driving in Vietnam?
According to the provisions of the Road Traffic Law 2008 as follows:
• Article 58. Conditions of drivers participating in traffic
1. Drivers participating in traffic must be of age and health prescribed in Article 60 of this Law and have a driving license suitable for the type of vehicle they are allowed to drive issued by a competent state agency.
Learners who practice driving when participating in traffic must practice on a practice car and have a teacher sponsor the steering wheel.
2. When operating a vehicle, the driver must carry the following papers:
a) Vehicle registration;
b) Driving license for motor vehicle operators specified in Article 59 of this Law;
c) Certificate of inspection of technical safety and environmental protection for motor vehicles specified in Article 55 of this Law;
d) Certificate of civil liability insurance of the motor vehicle owner.
• Article 60 of the Law on Road Traffic 2008 stipulates the driving age as follows:
1. The age of the driver is regulated as follows:
a) Persons aged full 16 years or older may drive motorcycles with a cylinder capacity of less than 50 cm3;
b) Persons aged full 18 years or older may drive two-wheeled motorcycles, three-wheeled motorcycles with a cylinder capacity of 50 cm3 or more and vehicles of similar structure; trucks and tractors with a tonnage of less than 3,500 kg; passenger cars with up to 9 seats;
c) Persons aged full 21 years or older may drive trucks or tractors with a tonnage of 3,500 kg or more; driver of class B2 pulling trailers (FB2);
d) Persons aged full 24 years or older may drive passenger cars with between 10 and 30 seats; Class C drivers pulling trailers and semi-trailers (FC);
dd) Persons aged full 27 years or older may drive passenger cars with over 30 seats; Class D drivers towing trailers (FD);
e) The maximum age of drivers of passenger cars with over 30 seats is 50 years old for women and 55 years old for men.
2. The driver must have health suitable for the vehicle type and use of the vehicle. The Minister of Health shall assume the prime responsibility for, and coordinate with the Minister of Transport in, stipulating health standards for drivers, periodical medical examinations for car drivers and regulations on medical facilities. medical examination of the driver.
When participating in traffic or operating a vehicle on the road, participants must meet the conditions as mentioned above, if violating the age conditions for driving a vehicle with a cylinder capacity of 50cm3 or more. will be sanctioned according to the provisions of Clause 1 and Point a, Clause 4, Article 21- Decree 100/2019/ND-CP stipulating administrative sanctions in the field of road and railway traffic:
• Article 21. Penalties for violations against regulations on conditions of motor vehicle operators
1. A warning shall be imposed on persons aged between full 14 years and under 16 years old operating motorcycles, mopeds (including electric mopeds) and other vehicles similar to motorcycles or operating cars, tractors and other vehicles. vehicles similar to cars.
[…] 4. A fine of between VND 400,000 and VND 600,000 shall be imposed for one of the following violations:
a) Persons aged between full 16 and under 18 years old driving a motorcycle with a cylinder capacity of 50 cm3 or more;
• According to the above regulations, if you operate a motorbike when you are under 18 years old, you will be subject to a warning or a fine of between VND 400,000 and VND 600,000, depending on the case.
Penalties for handing over cars to underage drivers
• According to Clause 5, Article 30 of Decree 100/2019/ND-CP, the act of delivering motorbikes, mopeds and other vehicles similar to motorbikes or leaving them to people who do not meet the conditions specified in Clause 1 of this Article. 58 of the Road Traffic Law 2008 operating a vehicle in traffic (including the case where the driver has a driving license but has expired or is in the period of being deprived of the right to use it) may subject to the following penalties:
+ A fine of between VND 800,000 and VND 2,000,000 shall be imposed on individuals who are vehicle owners;
+ A fine of between VND 1,600,000 and VND 4,000,000 shall be imposed on organizations that are vehicle owners.
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Frequently asked questions
According to Clause 5, Article 30 of Decree 100/2019/ND-CP, the act of handing over motorbikes, mopeds and other vehicles similar to motorbikes or leaving them to people who do not meet the conditions specified in Clause 1, Article 58 of the Road Traffic Law 2008 driving a vehicle in traffic (including the case where the driver has a driving license but has expired or is in the period of being deprived of the right to use it) may suffer The penalties are as follows:
A fine of between VND 800,000 and VND 2,000,000 shall be imposed on individuals who are vehicle owners;
A fine ranging from VND 1,600,000 to VND 4,000,000 shall be imposed on organizations that are vehicle owners.
Pursuant to Article 260 of the Penal Code 2015, amended and supplemented in 2017, there are regulations on the level of punishment for crimes related to participating in road traffic, specifically as follows:
Article 260. Crime of violating regulations on participation in road traffic
Those who participate in road traffic and violate regulations on road traffic safety and cause damage to other persons in one of the following circumstances shall be subject to a fine of between VND 30,000,000 and 100,000,000 , non-custodial reform for up to 3 years or imprisonment from 1 to 5 years:
a) Causing death;
b) Inflicting injury or causing harm to the health of 1 person with an injury rate of 61% or higher;
c) Inflicting injury or causing harm to the health of 2 or more people with a total injury rate of between 61 and 121%;
d) Causing property damage of between VND 100,000,000 and under VND 500,000,000
According to Decree 100/2019/ND-CP, underage car drivers have the following specific fines:
Persons from full 14 years old to under 16 years old will be given a warning when operating motorbikes, mopeds (including electric mopeds) and similar vehicles such as motorbikes or operating cars, tractors and motorbikes. vehicles similar to cars.
Persons aged between full 16 and under 18 years old shall be fined from VND 400,000 to VND 600,000 when operating a motorcycle with a cylinder capacity of 50 cm3 or more.
Persons from full 16 years old to under 18 years old shall be fined from VND 1.2 million to VND 3 million when operating cars, tractors and other vehicles similar to cars.
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