Will penalties be imposed for covering vehicle license plates? May a vehicle operator who alters license plates and causes a traffic accident in Vietnam face a maximum penalty of 15 years' imprisonment?
Will penalties be imposed for attaching incorrect motorcycle license plates in Vietnam?
Under Point c, Clause 2, Article 17 of Decree 100/2019/ND-CP (amended by Point m, Clause 34, Article 2 of Decree 123/2021/ND-CP) for the act of attaching incorrect license plates to motorbikes as follows:
Penalties imposed upon by operators of mopeds and motorcycles (including electric motorcycles) and the like violating regulations on roadworthiness of vehicles running on public roads
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2. A fine ranging from 800,000 VND to 1,000,000 VND shall be imposed for any of the following violations:
a) Operating a vehicle without a registration certificate or using an expired registration certificate;
b) Using a tampered registration certificate; using a registration certificate that does not match the vehicle’s chassis number or engine number or not issued by the competent authority;
c) Operating a vehicle without a license plate (for vehicles required to have license plates); attaching a license plate that does not match the registration certificate or attaching a license plate not issued by the competent authority.
Thus, operators of mopeds and motorcycles (including electric motorcycles) and the like that participate in traffic with non-conforming license plates or incorrect license plates will be fined from 800,000 VND to 1,000,000 VND and must restore the technical specifications of the license plate according to applicable laws.
Penalties for covering or altering license plates? Covering or altering license plates and causing traffic accidents may be penalized up to 15 years in prison? (Image from Internet)
What are the penalties for covering or altering automobile license plates to evade camera violations in Vietnam?
Under Point d, Clause 6, Article 16 of Decree 100/2019/ND-CP (amended by Clause 9, Article 2 of Decree 123/2021/ND-CP) for acts of covering or altering license plates on automobiles, trailers, semi-trailers, and similar vehicles:
Penalties for operators of automobiles (including trailers or semi-trailers) and similar vehicles violating regulations on roadworthiness of vehicles running on public roads
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6. A fine ranging from 4,000,000 VND to 6,000,000 VND shall be imposed for any of the following violations:
a) Operating a vehicle with an incorrect license plate compared to the registration certificate or attaching a license plate not issued by the competent authority (including trailers and semi-trailers);
b) Using a registration certificate, certificate of safety inspection, or environmental protection sticker not issued by the competent authority or being tampered with; using a registration certificate that does not match the chassis number or engine number of the vehicle (including trailers and semi-trailers);
c) Operating a vehicle without a certificate of safety inspection or environmental protection sticker (for vehicles required to be inspected, except for temporarily registered vehicles) or with expired certificate (including trailers and semi-trailers);
d) Operating a vehicle without attaching enough license plates or attaching license plates in the incorrect position; attaching license plates with unclear letters or numbers; attaching folded, obscured, or damaged license plates; painting or adding stickers to alter the letters, numbers or color of the license plates (including trailers and semi-trailers).
Thus, operators of automobiles (including trailers or semi-trailers) and similar vehicles failing to attach enough license plates or attach license plates in the incorrect position; attach license plates with unclear letters or numbers; attach bent, covered, or damaged license plates; paint or adding stickers to alter the letters, numbers, or color of the license plates (including trailers and semi-trailers) will be fined from 4,000,000 VND to 6,000,000 VND and must restore the technical specifications of the license plate according to applicable laws.
Will a vehicle operator who covers or alters license plates and causes a traffic accident in Vietnam be criminally prosecuted?
To determine whether a vehicle operator who covers or alters license plates and causes a traffic accident in Vietnam will be criminally prosecuted, it is necessary to consider whether the act meets the constitutive elements of the crime of violating regulations on the operation of road vehicles as prescribed in Article 260 of the Criminal Code 2015 (amended by Clause 72, Article 1 of the Law on Amendments to the Criminal Code 2017) as follows:
Article 260. Road traffic offences
1. Any person who violates road traffic rules and causes damage for another person in any of the following circumstances shall be liable to a fine of from VND 30,000,000 to VND 100,000,000 or face a penalty of up to 03 years' community sentence or 01 - 05 years' imprisonment:
a) The offence results in the death of a person;
b) The offence causes ≥ 61% WPI for another person;
c) The offence causes a total WPI of 61% - 121% for more than one person.
d) The property damage caused by the offence is assessed at from VND 100,000,000 to under VND 500,000,000.
2. This offence committed in any of the following circumstances carries a penalty of 03 - 10 years' imprisonment:
a) The offender does not have a driving license as prescribed;
b) The offender is 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;
c) The offender leaves the site after causing the accident to evade responsibility or refuses to help the victim;
d) The offender fails to comply with the traffic controller's commands;
dd) The offence results in the death of 02 people;
e) The offence causes a total WPI of 122% - 200% for more than one person;
g) The property damage caused by the offence is assessed at from VND 500,000,000 to under VND 1,500,000,000.
3. This offence committed in any of the following circumstances carries a penalty of 07 - 15 years' imprisonment:
a) The offence results in the death of ≥ 03 people;
b) The offence causes a total WPI of ≥ 201% for ≥ 03 people;
c) The offence results in property damage assessed at ≥ VND 1,500,000,000.
4. If a road traffic offence that is likely to have any of the consequences mentioned in Point a, b, c Clause 3 of this Article is not promptly prevented, the offender shall be liable to a fine of from VND 10,000,000 to VND 50,000,000 or face a penalty of up to 01 year's community sentence or 03 - 12 months' imprisonment.
5. The offender might also be prohibited from holding certain positions or doing certain jobs for 01 - 05 years.”
Thus, depending on the nature and severity of the act, a vehicle operator who covers or alters license plates and causes a traffic accident in Vietnam may be criminally prosecuted with imprisonment of up to 15 years.
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