How much is fine for under 18 years old driving a motorcycle with a cylinder capacity of 100cm3 in Vietnam?
My name is Lam, 18 years old this year, next month I will be old enough to take the driving license test. So let me ask if I drive a motorcycle with a cylinder capacity of 100cm3, will I be fined? How much is the fine? Hoping for an answer.
Can persons under 18 years old ride a motorcycle with a cylinder capacity of 100cm3 car in Vietnam?
Pursuant to Article 58 of the 2008 Road Traffic Law, conditions for drivers of vehicles to join in traffic are as follows:
1. Drivers of vehicles to join in traffic must be of the age and in good health as prescribed in Article 60 of this Law, and proper driver licenses for the types of vehicle they are permitted to operate, which are granted by competent state agencies.
Learner drivers, when joining in traffic, shall practice driving on driving practice vehicles and have their driving supported by driving instructors.
2. When operating a vehicle, the driver shall carry the following papers:
a/ Vehicle registration paper;
b/ Driver license, for motor vehicle operators defined in Article 59 of this Law;
c/ Technical safety and environmental protection inspection certificate, for motor vehicles prescribed in Article 55 of this Law;
d/ Motor vehicle owner civil liability insurance certificate.
According to Clause 1, Article 60 of the Law on Road Traffic 2008 stipulates age and health of drivers 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);
dd/ Persons aged full 27 years or older may drive passenger cars of over 30 seals; category-D vehicles pulling trailers (FD);
e/ The maximum age of drivers of 30 seat-plus passenger cars is 50 for women and 55 for men.
Thus, according to current regulations in Vietnam, only persons aged full 18 years or older can drive vehicles with a cylinder capacity of 50 cm3 or higher. Therefore, even though you are 18 years old but your birthday is not yet (full 18 years old), you are still not old enough to drive a vehicle.
How much is fine for under 18 years old driving a motorcycle with a cylinder capacity of 100cm3 in Vietnam?
In addition, in Clause 11 Article 2 of Decree No. 123/2021/ND-CP on penalties for offences against regulations on qualification for operating motor vehicles as follows:
1. A person from 14 to under 16 years of age that operates a motorcycle or moped (including electric moped) and motorcycle-like vehicles or motor vehicle and the like and tractor shall receive a warning.
2. A fine ranging from VND 100,000 to VND 200,000 shall be imposed upon:
a) Any person operating a motorcycle or moped and the like without carrying an unexpired certificate of civil liability insurance for motor vehicles; or
b) Any person operating a motorcycle or moped and the like without carrying the certificate of vehicle registration; or
c) Any person operating a motorcycle and the like without carrying a driver’s license, except for the offences specified in point b clause 5 and point c clause 7 of this Article.
3. A fine ranging from VND 200,000 to VND 400,000 shall be imposed upon:
a) Any person operating a motor vehicle and the like or tractor without carrying a driver’s license, except for the offence specified in point c clause 8 of this Article; or
b) Any person operating a motor vehicle and the like or tractor without carrying the certificate of vehicle registration (including trailer and semi-trailer); or
c) Any person operating a motor vehicle and the like or tractor without carrying the certificate of technical and environmental safety inspection (if required, including trailer and semi-trailer).
4. A fine ranging from VND 400,000 to VND 600,000 shall be imposed upon:
a) Any person from 16 to under 18 years of age operating a motorcycle with engine displacement of 50 cm3 or more; or
b) Any person operating a motor vehicle and the like or tractor without carrying an unexpired certificate of civil liability insurance for motor vehicles.
5. A fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed upon an operator of a two-wheeled motorcycle whose engine displacement is under 175 cm3 and motorcycle-like vehicles who commits any of the following offences:
a) Failure to have a driver’s license or using a driver’s license that is not issued by a competent authority or using a falsified driver’s license;
b) Possessing an international driver’s license issued by any of the Member States of the Convention of Road Traffic 1968 (except for international driver’s licenses issued by Vietnam’s authority);
c) Using an invalid driver’s license (driver’s license template number at the back does not match the latest issued template number in the driver’s license management system license).
6. A fine ranging from VND 2,000,000 to VND 4,000,000 shall be imposed for operating a person from 16 to under 18 years of age that operates a motor vehicle and the like or tractor.
7. A fine ranging from VND 4,000,000 to VND 5,000,000 shall be imposed upon an operator of a two-wheeled motorcycle whose engine displacement is 175 cm3 or more and three-wheeled motorcycles who commits any of the following offences:
a) Possessing a driver’s license inconsistent with the vehicle being operated;
b) Failure to have a driver’s license or using a driver’s license that is not issued by a competent authority or using a falsified driver’s license;
c) Possessing an international driver’s license issued by any of the Member States of the Convention of Road Traffic 1968 (except for international driver’s licenses issued by Vietnam’s authority);
d) Using an invalid driver’s license (driver’s license template number at the back does not match the latest issued template number in the driver’s license management system license).
8. A fine ranging from VND 5,000,000 to VND 7,000,000 shall be imposed upon an operator of a motor vehicle and the like or tractor for any of the following offences:
a) Possessing a driver’s license that has been expired for less than 03 months;
b) Possessing an international driver’s license issued by any of the Member States of the Convention of Road Traffic 1968 (except for international driver’s licenses issued by Vietnam’s authority);
c) Using an invalid driver’s license (driver’s license template number at the back does not match the latest issued template number in the driver’s license management system license).
9. A fine ranging from VND 10,000,000 to VND 12,000,000 shall be imposed upon an operator of a motor vehicle and the like or tractor for any of the following offences:
a) Possessing a driver’s license inconsistent with the vehicle being operated or possessing a driver’s license that has been expired for 03 months or more;
b) Failure to have a driver’s license or using a driver’s license that is not issued by a competent authority or using a falsified driver’s license.
10. Apart from incurring fines, the violating operator shall incur the following additional penalties:
a) The offence(s) specified in point a, point c clause 5; point b, point d clause 7; point c clause 8; point b clause 9 of this Article shall lead to suspension of the driver’s license that is not issued by a competent authority, falsified driver’s license or invalid driver’s license;
b) The offence(s) specified in point c clause 5, point d clause 7, point c clause 8 shall lead to suspension of the most recently-issued driver’s licenses according to information system for management of driver’s license from 01 - 03 months.
Thus, according to current regulations in Vietnam, compared to the case you mentioned, you are not yet 18 years old (not old enough to drive a vehicle with a cylinder capacity of 100cm3). Therefore, you will be fined for administrative violations from VND 400,000 to VND 600,000 if you drive a vehicle with a cylinder capacity of 100cm3 in traffic.
Best Regards!
