Being old enough to drive is one of the mandatory conditions for road users. Driving under age is a serious offense. When a person who is full 14 years old to less than 16 years old drives a motorbike, he/she will be subject to the administrative penalty of a warning. So about the issue “Punishment for people from full 14 to under 16 driving in Vietnam” Let’s find out with LSX in the article below.
Legal grounds
- Law on Road Traffic 2008
- Decree 123/2021/ND-CP
- Decree 100/2019/ND-CP
What is the legal age for driving?
According to Clause 1, Article 60 of the Law on Road Traffic 2008, the driving age is as follows:
1. The driver age is prescribed as follows:
a) Persons aged full 16 years or older may drive mopeds with a cylinder capacity of under 50 cm3;
b) Persons aged full 18 years or older may drive motorcycles, three-wheeled motor vehicles with a cylinder capacity of 50 cm3 or higher and vehicles with similar structure; trucks, tractors with a mass of under 3,500 kg; passenger cars of up to 9 seats;
c) Persons aged full 21 years or older may drive trucks, tractors with a mass of 3,500 kg or more; category-B2 vehicles pulling trailers (FB2);
d) Persons aged full 24 years or older may drive passenger cars of between 10 and 30 seals; category-C vehicles pulling trailers or semi-trailers (FC);
e) Persons aged full 27 years or older may drive passenger cars of over 30 seals; category-D vehicles pulling trailers (FD);
f) The maximum age of drivers of 30 seat-plus passenger cars is 50 for women and 55 for men.
Punishment for people from full 14 to under 16 driving in Vietnam
Pursuant to Clause 11 Article 2 of Decree 123/2021/ND-CP, the fines for underage drivers are prescribed as follows:
– A warning shall be imposed on persons aged between full 14 years and under 16 years old operating motorcycles, mopeds (including electric mopeds) and vehicles similar to motorcycles or operating cars, tractors and other vehicles similar to a car.
– A fine of between VND 400,000 and VND 600,000 shall be imposed on persons aged between full 16 and under 18 years who operate motorcycles with a cylinder capacity of 50 cm3 or more;
Thus, people from full 14 years old to under 16 years old who drive motorbikes or mopeds will apply the lightest administrative sanction, which is a warning. From full 16 years old to under 18 years old, they may be fined up to 600,000 VND.
In addition, pursuant to Article 134 of the Law on Handling of Administrative Violations 2012 stipulates handling principles as follows:
The principles of handling administrative violations specified in Article 3 of this Law, the following principles are also applied to the handling of minors:
– The handling of minors who commit administrative violations shall be carried out only in necessary cases in order to educate and help them correct their mistakes, develop healthily and become useful citizens for society.
Persons from full 14 years old to under 16 years old who commit traffic violations?
– In the process of considering and handling minors who commit administrative violations, the person competent to handle administrative violations must ensure the best interests of the minors. The measure of sending to reformatory is only applied when it is deemed that there is no other more suitable handling measure;
– The handling of minors who commit administrative violations shall also be based on the juvenile’s perception of the dangerous nature of the violation, the causes and circumstances of the violation, to decide whether or not to do or apply appropriate administrative handling measures;
– The application of the sanctioning form, deciding the level of punishment for minors who commit administrative violations must be lighter than that of adults with the same administrative violations.
In case, a person between full 14 years old and under 16 years old commits an administrative violation, the form of a fine shall not be applied.
Handing over a motorbike to an underage driver and causing an accident, the owner can be jailed?
Pursuant to Article 264 of the Penal Code 2015 (Amendted by Clause 76, Article 1 of the Penal Code Amendment Law 2017) stipulates who delivers a vehicle to someone who knows that such person does not have a driving license or does not. If they satisfy other conditions as prescribed by law, drivers of vehicles participating in road traffic causing damage to other people shall be fined as follows:
1. Any person who owns or manages a road vehicle and allows another person who does not have a driver license or is under the minimum driving age or under the influence of alcohol and with blood or breath alcohol content above the limit or under the influence of drugs or other strong stimulants or otherwise unqualified and as a results causes any of the following consequences shall be liable to a fine of from VND 10,000,000 to VND 50,000,000 or face a penalty of up to 03 years’ community sentence:
a) The offence results in the death of 01 person or bodily harm to 01 person who suffers from ≥ 61% physical disability;
b) The offence results in bodily harm to 02 people, each of whom suffers from 31% – 60% physical disability;
c) The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of 61% – 121%;
d) The offence results in property damage of from VND 100,000,000 to under VND 500,000,000.
2. This offence committed in any of the following cases shall carry a fine of from VND 50,000,000 to VND 200,000,000 or a penalty of 06 – 36 months’ imprisonment:
a) The offence results in the death of 02 people;
b) The offence results in bodily harm to 02 people, each of whom suffers from 61% physical disability or more;
c) The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of 122% – 200%;
d) The offence results in property damage of from VND 500,000,000 to under VND 1,500,000,000.
3. This offence committed in any of the following cases shall carry a penalty of 03 – 07 years’ imprisonment:
a) The offence results in the death of 03 or more people;
b) The offence results in bodily harm to 03 people, each of whom suffers from 61% physical disability or more;
c) The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of ≥ 201%.
d) The offence results in property damage of ≥ VND 1,500,000,000;
4. Any person who owns or manages a road vehicle and allows another person who does not have a driver license or is under the minimum driving age or under the influence of alcohol and with blood or breath alcohol content above the limit or under the influence of drugs or other strong stimulants or otherwise unqualified and as a results causes bodily harm to 01 person who suffers from 31% – 60% physical disability or bodily harm to ≥ 02 people who suffer from a total physical disability of 31% – 60% shall be liable to a fine of from VND 10,000,000 to VND 50,000,000 or face a penalty of up to 02 years’ community sentence.
5. The offender might also be liable to a fine of from VND 10,000,000 to VND 30,000,000.
Thus, if the vehicle is handed over to an underage driver and causes an accident, the vehicle owner may be fined or imprisoned depending on the extent of the damage.
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Please see more
- Pay online fines for traffic violations in Vietnam
- Handle car owners when lending causes traffic accidents in Vietnam
- Determining the fault factor when a traffic accident occurs in Vietnam
Frequently asked questions
Traffic police have the right to request to stop the vehicle if they directly or through technical equipment detect and record violations of the law on road traffic and other violations. other laws.
Besides, there are a number of other cases, even if not above the above case, the traffic police can still request to stop the vehicle.
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 bear the following consequences: 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.
According to the Law on Handling of Administrative Violations, in case a person from full 16 years old to under 18 years old who commits an administrative violation is subject to a fine, the fine level shall not exceed half of the fine level applicable to adults; If forced to pay an amount of money equivalent to the value of material evidences and means of administrative violations into the state budget as prescribed in Clause 1, Article 126 of this Law, the amount remitted to the state budget is equal to 1/2 of the value of administrative violations. prices of material evidences and means of administrative violations. In case there is no money to pay the fine or the inability to take remedial measures, the parents or guardians must do it instead.
Conclusion: So the above is Punishment for people from full 14 to under 16 driving in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
