Penalties for not having a motorbike license

1. Can I buy a motorcycle without a driver's license?

According to Article 7 of Circular 15/2014/TT-BCA, the vehicle registration documents include: Vehicle registration declaration, Vehicle owner's documents, Vehicle documents.

For Vietnamese vehicle owners, they must present one of the following documents:

- Identity card: In case the person has not been issued an Identity card or the registered permanent address on the Identity card does not match the registered permanent address on the vehicle registration declaration, they must present the Household Registration Book.

- Introduction letter from the head of the agency or organization, accompanied by the People's Police ID card; People's Army ID card (as regulated by the Ministry of Defense).

In case there is no People's Police ID card or People's Army ID card, they must have a confirmation letter from the head of the agency or organization.

- Student card, student card for centralized training programs lasting 2 years or more at vocational schools, colleges, universities, academies; introduction letter from the school.

Therefore, when purchasing a motorcycle, the person has the right to register ownership of the asset, and the law does not specify a specific age to be listed on the vehicle registration. Accordingly, the buyer has the right to carry out motorcycle registration procedures. Even without a driver's license, they can still register the motorcycle normally.

However, if the driver does not have a driver's license when participating in traffic, administrative fines will be imposed depending on each case and means of transportation.

 

2. What are the penalties for driving a motorcycle without a driver's license?

Based on point a, clause 5 and point b, clause 7 of Article 21 of Decree 100/2019/ND-CP (amended by clause 11 of Article 2 of Decree 123/2021/ND-CP), the following administrative penalties are imposed in the field of road and railway traffic:

"5. A fine from 1,000,000 VND to 2,000,000 VND for the driver of a motorbike with a cylinder capacity of less than 175 cm3 and similar types of motorcycles who commit one of the following violations:

a) Not having a driver's license or using a driver's license not issued by the competent authority, or having a revoked driver's license;

b) Having an international driver's license issued by countries participating in the 1968 Convention on Road Traffic (excluding international driver's licenses issued by Vietnam), but not carrying a national driver's license;

c) Using an invalid driver's license (the number on the back of the driver's license does not match the latest issued number in the driver's license management system).

7. A fine ranging from 4,000,000 VND to 5,000,000 VND for the driver of a two-wheeled motorcycle with a cylinder capacity of 175 cm3 or more, and a three-wheeled motorcycle who commits one of the following violations:

a) Having a driver's license that is not suitable for the type of vehicle being driven;

b) Not having a driver's license or using a driver's license not issued by the competent authority, or having a revoked driver's license;

c) Having an international driver's license issued by countries participating in the 1968 Convention on Road Traffic (excluding international driver's licenses issued by Vietnam), but not carrying a national driver's license;

d) Using an invalid driver's license (the number on the back of the driver's license does not match the latest issued number in the driver's license management system)."

Furthermore, according to Article 21 of Decree 100/2019/ND-CP, amended by clause 11 of Article 2 of Decree 123/2021/ND-CP, it is also regulated that:

"10. In addition to being fined, the driver who commits a violation is also subject to the following additional penalties:

a) For violating the provisions stated in point a, point c of clause 5; point b, point d of clause 7; point c of clause 8; point b of clause 9 of this Article, the additional penalty of confiscating driver's licenses not issued by the competent authority, revoked driver's licenses, and invalid driver's licenses shall be applied."

Therefore, if someone operates a motorcycle without having obtained the required driver's license or uses a driver's license not issued by the competent authority, they will be subject to penalties as prescribed by the law. The highest fine can be up to 2,000,000 VND for the driver of a two-wheeled motorcycle with a cylinder capacity of less than 175 cm3 and similar types of motorcycles, and up to 5,000,000 VND for the driver of a two-wheeled motorcycle with a cylinder capacity of 175 cm3 or more, and a three-wheeled motorcycle. In addition to the fine, the driver who commits a violation may also be subject to additional penalties such as confiscation of driver's licenses not issued by the competent authority, revoked driver's licenses, and invalid driver's licenses.