*Lawyer Truong Duc Trung – Head of the Quang Nam Branch, Phong & Partners Law Firm, answers:

Currently, many parents, due to a lack of legal awareness or excessive trust in their children’s abilities, entrust vehicles to their children who do not meet the required conditions to operate them, such as being underage or not having a driver’s license. This action not only violates traffic safety regulations but also carries the risk of causing serious accidents and entails legal consequences that many families do not anticipate, as in the case of Mr. V., who allowed underage daughter to operate his SH 125i motorbike without meeting the legal requirements. The incident in which Mr. Nguyen Van V., in which his 17-year-old daughter drove the SH 125i motorbike, causing an accident resulting in a victim’s injury rate at 65%, raises many serious legal issues.

First, the fault in handing over a vehicle to a person who does not meet the conditions for driving

The 2024 Law on Road Traffic Order and Safety stipulates the following regarding the act of handing over a vehicle to a person under 18 years of age:

"Article 9. Prohibited acts

1. Operating motor vehicles on the road without a driver’s license as required by law; operating special-purpose vehicles on the road without driver’s licenses or certificates of road traffic law knowledge, or licenses or certificates of operation of special-purpose vehicles.

7. Handing over motor vehicles and specialized motorbikes to individuals who do not meet the conditions prescribed by law to operate them on public roads".

Article 34. Classification of road vehicles

1. Motor vehicles include:

g/ Mopeds are engine-powered vehicles with two or three wheels, designed and manufactured for operation on the road, with a maximum design speed not exceeding 50 km/h. If powered by a combustion engine, the engine capacity must not exceed 50 cm³; if electric, the engine power must not exceed 4 kW; mopeds do not include motorized bicycles";

"Article 59. Age and health of operators of vehicles on the road

1. The age of drivers and special-purpose vehicle operators are as follows:

a/ Persons aged full 16 years or older may drive mopeds;

b/ Persons aged full 18 years or older shall be issued class A1, A, B1, B and C1 driver’s licenses and certificates of training in knowledge of the road traffic law to operate special-purpose vehicles";

Thus, the law permits individuals aged 16 years and older to operate motorcycles with an engine displacement not exceeding 50 cm³. However, Mr. V. allowed his daughter to operate an SH 125i motorbike, which, according to the manufacturer’s specifications, has an engine displacement of 124.8 cm³. According to Article 57 of the 2024 Law on Road Traffic Order and Safety, individuals operating two-wheeled motorcycles with an engine displacement up to 125 cm³ must possess an A1 class driving license. Therefore, since Mr. V.’s daughter is only 17 years old, does not meet the minimum age requirement to be issued an A1 class driving license to operate the SH 125i motorbike as prescribed by law.

Operating a vehicle without meeting the required conditions and handing over a vehicle to someone who is not legally qualified to drive, are prohibited under Clauses 1 and 7, Article 9 of the 2024 Law on Road Traffic Order and Safety. Depending on the severity of the consequences of these acts, violators may be subject to administrative penalties, bear civil liability (compensation for damages, remedying consequences), or even criminal prosecution as prescribed by law.

Second, legal consequences for the individual causing the accident

The Criminal Code 2025, as amended and supplemented in 2017, provides as follows:

"Article 12. Age of criminal responsibility

1. A person from 16 years of age and above shall bear criminal responsibility for all offenses, except for those otherwise prescribed by this Code".

"Article 260. Offences against regulations on road traffic

1. Any person who violates regulations on road traffic safety in any of the following cases shall be liable to a fine of from VND 30,000,000 to VND 100,000,000, non-custodial reform of up to 3 years, or imprisonment from 1 to 5 years:

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".

Accordingly, persons aged 16 years or older must bear criminal responsibility for all types of crimes, except for certain offenses that specifically require the offender to be at least 18 years old to be held criminally liable, or where a person under 16 years old commits one of the offenses specified in Clause 2, Article 12 of the Criminal Code 2015. In this case, Mr. V.'s daughter may be subject to criminal prosecution under Clause 1, Article 260 of the 2015 Penal Code for participating in traffic and causing an accident resulting in 65% bodily injury.. The penalty prescribed in this clause may be a fine ranging from 30,000,000 VND to 100,000,000 VND, non-custodial reform for up to 3 years, or imprisonment from 1 to 5 years.

For offenders under 18 years of age, current criminal law stipulatesthat the maximum fine and non-custodial reform shall not exceed half of the statutory maximum; for fixed-term imprisonment, the maximum penalty shall not exceed three-quarters of the statutory maximum applicable to persons aged from full 16 to under 18 years who commit a crime. At the same time, during sentencing, the trial panel will also consider and assess the nature of the criminal act, the offender’s personal circumstances, and any mitigating or aggravating factors in order to determine an appropriate penalty for the offender.

Third, the legal responsibility of parents

Article 264. Allowing an unqualified person to operate a vehicle on public roads

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 non-custodial reform of up to 3 years:

a/ The offence results in the death of 01 person or bodily harm to 01 person who suffers from ≥ 61% physical disability";

According to Point a, Clause 1, Article 264 of the Criminal Code 2015, a vehicle owner who hands over the vehicle to a person without a driver's license or who is not qualified to drive will be held criminally liable if a serious accident occurs. Specifically, Mr. V., the owner of the SH 125i - allowed his daughter who was not qualified to drive, leading to an accident that left the victim with 65% injury. Therefore, Mr. V. may be held criminally liable according to Point a, Clause 1, Article 264 of the Criminal Code 2015 with a fine of VND 10,000,000 to VND 50,000,000 or non-custodial reform for up to 3 years.

In addition, if Mr. V.'s act of handing over the vehicle to an unqualified person to drive does not constitute a crime under Article 264 of the Criminal Code 2015, Mr. V. will be held administratively responsible under Clause 10, Article 32 of Decree 168/2024/ND-CP on penalties and point deduction for vehicle owners who violate regulations related to road traffic with a fine of VND 8,000,000 to VND 10,000,000. In addition, in this case, Mr. V. and his wife are also responsible for compensating the accident victim. Pursuant to Clause 2, Article 586 of the Civil Code 2015: “A person from 15 to under 18 years of age who causes damage must compensate with their own property; if they do not have enough property to compensate, their parents must compensate the remaining amount with the parents’ own property”. If Mr. V.'s daughter causes damage without being able to compensate, Mr. V. and his wife will be responsible for compensating the victim for that damage. The fulfillment of the obligation to compensate is also considered one of the grounds for requesting a reduction in criminal liability.

In this situation, Mr. V. can invite a lawyer to participate in the defense to maximally protect the family's legitimate rights and interests. The lawyer will help Mr. V.'s daughter and Mr. V. receive specialized legal support during the process of working with competent authorities and related individuals and organizations. At the same time, this case serves as a wake-up call to the whole society about the serious consequences that can occur if we are negligent and lax in managing our children when participating in traffic. Strictly complying with the law is not only a personal responsibility but also the foundation for building a safe and civilized society for all.