Handing Over Vehicles to Underage Individuals: What Responsibilities Do Vehicle Owners Face?

I. Current Status of Entrusting Vehicles to Underage Persons and Legal Consequences

In recent years, the status of road traffic order and safety in Vietnam has developed in a complex manner, particularly regarding secondary and high school students driving motorcycles while under the legal age or without a driver's license. This situation not only directly threatens the lives and health of the students themselves but also poses unpredictable dangers to other road users. In reality, numerous tragic traffic accidents have occurred where the direct perpetrators were underage students.

However, from a legal standpoint, liability does not stop at the person directly operating the vehicle. An important legal question arises: How will vehicle owners—parents, relatives, or legal custodians—be held accountable under the law when entrusting vehicles to underage drivers? A clear understanding of administrative, civil, and especially criminal sanctions related to this act not only helps protect families but also contributes to upholding the rule of law and ensuring public safety. This article provides a comprehensive, multi-dimensional analysis of the legal liabilities vehicle owners face based on current legal regulations.

II. Legal Regulations on Age Limits and Vehicle Driving Conditions

To determine whether entrusting a vehicle constitutes a legal violation, it is necessary to clarify the age requirements and conditions for operating a road traffic vehicle.

According to Article 59 of the Law on Road Traffic Order and Safety 2024, driver age requirements are defined specifically as follows:

• Persons aged 16 and older: Permitted to drive mopeds (engine capacity under 50 cm³).

• Persons aged 18 and older: Eligible for driver's licenses of classes A1, A, B1, B, C1, and special-use motor vehicles.

• Persons aged 21 and older: Eligible for driver's licenses of classes C and BE.

• Persons aged 24 and older: Eligible for driver's licenses of classes D1, D2, C1E, and CE.

• Persons aged 27 and older: Eligible for driver's licenses of classes D, D1E, D2E, and DE.

Additionally, regarding driver qualifications, Article 59 also explicitly stipulates that drivers participating in road traffic must meet the health standards corresponding to each type of permitted vehicle. The Minister of Health regulates health standards and health examination procedures for drivers and operators of special-use motor vehicles.

Therefore, students under 16 years old driving mopeds or students aged 18 driving motorcycles without a driver's license constitute violations of traffic laws.

III. Administrative Liability of Vehicle Owners for Entrusting Vehicles to Underage Persons

Many vehicle owners hold the misconception that if an underage driver is intercepted by Traffic Police, only the driver faces penalties. This is an incorrect perception. Decree No. 168/2024/ND-CP dated December 26, 2024, strictly regulates administrative sanctions against vehicle owners who hand over or allow unqualified individuals to operate vehicles.

Specifically, Clause 10, Article 32 of this Decree provides:

• Fines from VND 8,000,000 to VND 10,000,000 for individuals, and VND 16,000,000 to VND 20,000,000 for organizations owning motorcycles, mopeds, and similar vehicles who commit the act of entrusting or allowing an unqualified person (pursuant to Clause 1, Article 56 of the Law on Road Traffic Order and Safety) to drive the vehicle in traffic.

• This includes cases where the driver possesses a driver's license but is currently serving a license suspension.

Special attention should be paid to the phrase "Entrusting or allowing" (Giao xe hoặc để cho). The law penalizes not only the active act of "handing over the keys" but also negligence or lack of responsibility in vehicle management that enables an underage person to unauthorizedly take and use the vehicle (the act of "allowing"). This represents a progressive legal mechanism compelling vehicle owners to heighten their responsibility over high-risk assets.

IV. Criminal Liability for Vehicle Owners: The Fine Line Between Civil and Criminal Sanctions

While administrative liability involves paying fines, criminal liability is the most severe legal consequence vehicle owners face when entrusting a vehicle leads to serious traffic accidents.

The Penal Code 2015 (amended and supplemented in 2017) includes a dedicated provision addressing this conduct: Article 264 – Offense of handing over road traffic vehicles to unqualified persons.

Regarding the elements of the crime, this offense requires material consequences; vehicle owners face criminal prosecution only when severe consequences occur regarding the life, health, or property of others. Specifically, vehicle owners face the following penalty frames:

1. Penalty Frame 1 (Clause 1)

• Sanction: Fine from VND 10,000,000 to VND 50,000,000 or non-custodial reform for up to 3 years.

• Applicable conditions: Handing over a vehicle to an unqualified person causing:

  • Bodily injury or health damage to 01 person with an infirmity rate of 61% or higher; OR

  • Bodily injury to 02 or more persons with a total combined bodily infirmity rate of 61% to 121%; OR

  • Property damage ranging from VND 100,000,000 to under VND 500,000,000.

2. Penalty Frame 2 (Clause 2)

• Sanction: Fine from VND 50,000,000 to VND 200,000,000 or imprisonment from 6 months to 3 years.

• Applicable conditions: When the offense results in:

  • Death of 02 persons; OR

  • Bodily injury or health damage to 02 or more persons with a total combined bodily infirmity rate of 122% to 200%; OR

  • Property damage ranging from VND 500,000,000 to under VND 1,500,000,000.

3. Penalty Frame 3 (Clause 3)

• Sanction: Imprisonment from 2 years to 7 years.

• Applicable conditions: Extremely severe cases, including:

  • Death of 03 or more persons; OR

  • Bodily injury or health damage to 03 or more persons with a total combined bodily infirmity rate of 201% or higher; OR

  • Property damage of VND 1,500,000,000 or more.

Supplementary Penalties: Offenders may also be banned from holding positions, practicing certain professions, or performing specific jobs for 1 to 5 years.

Judicial practice in Vietnam has recorded multiple instances where parents received custodial prison sentences due to overindulging their children and entrusting motorcycles over 50 cm³ for school commutes, leading to accidents that resulted in the death of classmates or pedestrians.

V. Civil Liability for Damage Compensation

Beyond facing state sanctions (administrative and criminal), vehicle owners must bear civil liability toward victims and their families in accordance with the Civil Code 2015.

When a traffic accident is caused by an underage driver, the determination of liability for compensation is based on principles governing damage caused by persons under 15 years old or persons lacking civil capacity (Article 586 of the Civil Code 2015):

• For damage caused by persons under 15 years old: Parents are responsible for compensating for the entire damage. If the parents' assets are insufficient and the minor child has personal assets, the child's assets will be used to pay the deficit.

• For damage caused by persons aged 15 to under 18: The individual must compensate using their own assets. If personal assets are insufficient, parents must compensate for the remaining deficit using their own assets.

Compensable damages include:

• Medical treatment and health recovery costs for the victim.

• Actual lost or reduced income.

• Funeral expenses (in the event of death).

• Support/maintenance allowances for dependents of the victim.

• Compensation for mental suffering to the victim or their immediate relatives.

These amounts are often substantial financial burdens that can plunge families into extreme hardship.

VI. Measures to Elevate Awareness and Prevent Violations

To eliminate the practice of entrusting vehicles to underage individuals, legal mechanisms alone are insufficient; synchronized efforts across multiple sectors are essential:

• From Families: Parents must resolutely refuse to entrust high-capacity motorcycles or electric motorbikes to children who are underage or lack appropriate driver's licenses. Parents should strictly manage vehicle keys and select legal, safe alternative transportation such as bicycles, electric bicycles, or mopeds under 50 cm³ (for students aged 16 and older).

• From Schools and Society: Intensify public legal education regarding traffic safety. Educational institutions should closely coordinate with Traffic Police forces to organize extracurricular sessions and establish commitments between students, parents, and schools regarding non-operation of vehicles while underage.

• From Functional Authorities: Enhance patrol, inspection, and enforcement strictly targeting not only student violators but also vehicle owners (parents/guardians) to establish strong deterrence throughout society.

VII. Conclusion

Entrusting a vehicle to an underage driver is not merely parental indulgence; it is a serious legal violation that exposes vehicle owners to severe, unforeseen legal risks. When a traffic accident occurs, tears of regret from parents standing before the trial court always arrive too late.

Upholding the law and protecting the lives of children and the community must begin with the smallest action: resolutely saying "NO" to handing over vehicles when children are under age and unqualified to drive. A vehicle should remain a convenient means of transport, not a trigger for grief and legal tragedy.