How old is the driver to be granted the driver license?

Legal situation:

I would like to ask if I was born on December 6^th, 2014, will I be allowed to register for a motorbike license exam in November 2021?

Answer:

Thank you for trusting and sending your questions to FDVN Law Firm (“FDVN”), after researching the relevant legal provision, we would like to send you some references as follows:

According to Article 7 of Circular No. 12/2017/TT-BGTVT stipulating the requirements for driving learners:

"Article 7. Requirements for driving learners

1. Vietnamese citizens, foreigners who are eligible for residing, working or studying in Vietnam.

2. Minimum ages (to the time of attending the test), health and educational level as prescribed; those who apply for license upgrade may learn in advance but must be old enough to attend the test as prescribed…”

In addition, Clause 1 Article 60 of Law on road traffic 2018 stipulating age and health of drivers:

“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;…”

According to the information you provided, you were born on December 6, 2004, so after December 6, 2022 you will just be enough 18 years old to drive a two-wheeled motorcycle with a cylinder capacity of 50cm³ or more. Therefore, now you do not reach the age of taking the driving license.

Above is FDVN LAW FIRM’s opinion for your consulting requests based on studying the relevant legal provisions. Hopefully, FDVN’s advice would be helpful to you.

Lê Thị Quỳnh – FDVN Law Firm

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