People under the age of 18 do not have a driver's license

Understanding the regulations on penalties for underage motorcycle riders

Currently, the phenomenon of students riding motorcycles to school is very common. Parents provide various reasons for allowing their children to ride motorcycles to school, such as living far away, lack of other means of transportation, or the inability of parents to pick them up. The 2008 Road Traffic Law stipulates the conditions for drivers participating in traffic, stating that drivers must meet the age and health requirements specified in Articles 58 and 60 of this Law and possess a valid driver's license for the type of vehicle they are allowed to operate, issued by the competent state authority.Article 60 of the 2008 Road Traffic Law stipulates the following age requirements for driving:

- Individuals aged 16 and above are allowed to ride motorcycles with an engine displacement of under 50 cc.
- Individuals aged 18 and above are allowed to ride two-wheel motorcycles, three-wheel motorcycles with an engine displacement of 50 cc or more, and similar types of vehicles. They are also allowed to drive trucks and tractors with a gross weight of under 3,500 kg, as well as passenger cars with up to 9 seats.

Driving any of the above-mentioned vehicles without meeting the required age (equivalent to not having a driver's license) is considered a violation and may result in penalties. According to Article 21 of Decree 46/2016/ND-CP on penalties for violations of driver's license conditions:
- A warning will be issued to individuals aged between 14 and under 16 who ride motorcycles, mopeds (including electric mopeds), and similar types of motorcycles. This also applies to individuals who drive cars, tractors, and similar types of vehicles.
- A fine ranging from 400,000 VND to 600,000 VND will be imposed on individuals aged 16 and under 18 who ride motorcycles with an engine displacement of 50 cc or more.

- A fine ranging from 800,000 VND to 1,200,000 VND will be imposed on individuals who ride motorcycles with an engine displacement below 175 cc and similar types of motorcycles, and commit one of the following violations: not having a driver's license or using a driver's license not issued by the competent authority, having a revoked driver's license, or having an international driver's license issued by countries participating in the Convention on Road Traffic of 1968 (except for international driver's licenses issued by Vietnam) but not carrying a national driver's license.
- A fine ranging from 4,000,000 VND to 6,000,000 VND will be imposed on individuals who ride motorcycles with an engine displacement of 175 cc or more, as well as cars, tractors, and similar types of vehicles, and commit one of the following violations: using a driver's license that is not appropriate for the type of vehicle being driven or has expired for more than 6 months, not having a driver's license, using a driver's license not issued by the competent authority, or having a revoked driver's license.

In addition, the penalties for driving a motorcycle without a driver's license are as follows:
- If under 16 years old, there will be no fine, only a warning in written form and a penalty decision.
- If between 16 and under 18 years old, a fine of 500,000 Vietnamese Dong will be imposed.
- If 18 years old or older, a fine of 1,000,000 Vietnamese Dong will be imposed.
For other traffic violations, based on the regulations in Article 3, Article 134 of the Law on Handling of Administrative Violations 2012:
- If under 16 years old, there will be no fine.
- If between 16 and under 18 years old, 50% of the fine applicable to adults will be imposed.
- If 18 years old or older, the full amount of the fine will be imposed.
If a person is under 18 years old or does not have a driver's license (excluding motorcycles under 50cc), meaning they are not qualified to drive, the person delivering the vehicle (vehicle owner) to the offender will be fined from 800,000 to 1,000,000 Vietnamese Dong for individuals, and from 1,600,000 to 2,000,000 Vietnamese Dong for organizations. Therefore, if a person is underage or does not have a driver's license, besides the penalty for the driver, the person delivering the vehicle will also be jointly responsible and fined.