Can children under 14 years old ride electric motorbikes in Vietnam?

Can children under 14 years old ride electric motorbikes in Vietnam?

Pursuant to Article 60 of the Road Traffic Law 2008, age and health of drivers are regulated 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.

2. Drivers must be physically fit for the types and utilities of vehicles they drive. The Minister of Health shall assume the prime responsibility for, and coordinate with the Minister of Transport in, prescribing health standards for drivers, periodical health checks for automobile drivers, and medical establishments providing such health checks.

Besides, Point d, Clause 1, Article 3 of Decree 100/2019/ND-CP explains electric motorbikes as follows:

d) “Electric motorcycle” means a two-wheel vehicle operated by an electric engine with power not exceeding 4 kW and maximum speed not exceeding 50 km/h;

Thus, according to the law in Vietnam, electric motorbikes are motorcycles and only people 16 years of age or older are allowed to ride motorcycles with a cylinder capacity of less than 50 cm3. So, in your case, your daughter is only 13 years old, so she has not been able to ride an electric motorbike.

What is fine level for children under 14 years old when driving electric motorbikes in Vietnam?

In Article 21 of Decree 100/2019/ND-CP as amended by Clause 11, Article 2 of Decree 123/2021/ND-CP, there are regulations on penalties for violations 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.

Pursuant to Article 134 of the Law on Handling of Administrative Violations 2012 as amended by Clause 68, Article 1 of the Amended Law on Handling of Administrative Violations of 2020, as amended in 2020, the handling principles are as follows:

Apart from principles on handlind administrative violations specified in Article 3 of this Law, the handling for minors shal apply additionally the following principles:

1. The handling of minors who have committed acts of administrative violations is implemented only in necessary cases aiming to educate, assist them to repair mistakes, develop healthily and become useful citizens of society.

In course of consideration for handling minors who have committed acts of administrative violations, the persons competent to handle administrative violations must ensure the best benefits for such minors. The measure sending to reformatories may be applied just when considering that there is no other handling measure is more suitable;

2. The handling of minors who have committed acts of administrative violations is also based on the awareness of minors on the dangerous-for-society nature of violating acts, reasons and circumstances of violations in order to decide handling or application of measure on administrative handling in conformity;

3. The application of a sanction type and the decision on the sanction amount against minors committing administrative violations must conform to the principle that these sanctions must be lighter than those imposed on the adults committing the same administrative violations.

In case a person aged between 14 years and under 16 years commits an administrative violation, the fine shall not be applied.

In case where a person aged between 16 years and under 18 years that commits an administrative violation is subject to a fine, the fine amount must not a half as much as that applicable to an adult; in case where he/she must pay an amount equivalent to the value of material evidence and/or means used in the commission of administrative violation into the state budget according to the provisions of Clause 1 of Article 126 of this Law, the amount of payment into the state budget must be a half as much as the value of material evidence and/or means used for commission of administrative violation. If he/she does not have money to pay the fine or is unable to take remedial or mitigation measures, his/her parent or guardian shall have the burden to do so instead;

4. In course of handling minors who have committed acts of administrative violations, the personal secrets must be respected and protected.

5. The measures replacing the handling of administrative violations must be considered for application when having enough conditions specified in Chapter II of this Part. The application of measures replacing the handling of administrative violations shall not be considered as having been handled administrative violations.

Pursuant to Article 138 of the 2012 Law on Handling of Administrative Violations, supplemented by Clause 69, Article 1 of the Amended Law on Handling of Administrative Violations of 2020, stipulates measures replaced for handling of administrative violations as follows:

Measures replaced for the handling administrative violations for minors include:

1. Reminding;

2. Managing at home.

3. Community-based education.

According to this Article, the case of people under 14 years of age is still a minor, so when committing administrative violations in the field of traffic, they will not be administratively sanctioned in the form of fines. However, when a minor commits an administrative violation, one of the following alternative measures will be applied: Reminder; management at home or Community-based education in Vietnam.

Best Regards!