In Vietnam, the act of using a fabricated driver license can lead to administrative penalties or criminal prosecution. To be specific:
(1) Administrative Penalties
The level of administrative penalties for the act of using a fabricated driver license is stipulated in Article 18 of Decree 168/2024/ND-CP:
Vehicle | Penalty | Legal Basis |
---|---|---|
Two-wheeled motorcycles with a cylinder capacity up to 125 cm3 or electric motor power up to 11 kW and similar vehicles | From 2,000,000 VND to 4,000,000 VND | Point a Clause 5 Article 18 Decree 168/2024/ND-CP |
Two-wheeled motorcycles with a cylinder capacity over 125 cm3 or electric motor power over 11 kW, three-wheeled motorcycles | From 6,000,000 VND to 8,000,000 VND | Point b Clause 7 Article 18 Decree 168/2024/ND-CP |
Cars and similar vehicles, four-wheeled motorized passenger and goods vehicles | From 18,000,000 VND to 20,000,000 VND | Point b Clause 9 Article 18 Decree 168/2024/ND-CP |
(2) Criminal Prosecution
If there are enough elements to constitute a crime, the person engaged in using a fabricated driver license may be criminally prosecuted for the offense of "Using fabricated Documents of an Agency or Organization" as stipulated in Article 341 of Vietnam Criminal Code 2015 (amended 2017):
- Anyone using fabricated seals, documents, or papers to perform illegal acts shall be fined from 30,000,000 VND to 100,000,000 VND, subjected to non-custodial reform for up to 3 years, or sentenced to 6 months to 3 years in prison.
- Committing the crime under one of the following circumstances shall be sentenced to 2 to 5 years imprisonment:
+ Organized crime;
+ Committing the crime twice or more;
+ Using seals, documents, or other papers to commit a crime;
+ Illegally profiting from 10,000,000 VND to under 50,000,000 VND;
+ Dangerous recidivism.
- Committing the crime under one of the following circumstances shall be sentenced to 3 to 7 years imprisonment:
+ Using seals, documents, or other papers to commit a very serious or particularly serious crime;
+ Illegally profiting from 50,000,000 VND or more.
- The offender may also be fined from 5,000,000 VND to 50,000,000 VND.
Anyone who forges seals or documents of agencies or organizations, depending on the nature and seriousness of the offense, may face a maximum of 7 years imprisonment. Moreover, the violator may also be fined up to 50,000,000 VND.
Below is a compilation of judgments regarding the act of using fabricated driver licenses tried by courts in Vietnam:
No. | Judgment Title | Date of Issuance | Adjudicating Body |
---|---|---|---|
1 | Judgment 53/2024/HS-ST on the offense of using fabricated documents of an agency | April 5, 2024 | People's Court of Phu Ly City, Ha Nam Province |
2 | Judgment 34/2024/HS-PT on the offense of using fabricated documents of an agency or organization | March 26, 2024 | People's Court of Hai Duong Province |
3 | Judgment 13/2024/HS-ST on the offense of using fabricated documents of an agency or organization | March 19, 2024 | People's Court of District D - G Province |
4 | Judgment 33/2024/HS-ST on the offense of using fabricated documents of an agency or organization | March 14, 2024 | People's Court of Long K City, Dong Nai Province |
5 | Judgment 15/2024/HS-ST on the offense of using fabricated documents of an agency or organization | March 7, 2024 | People's Court of District B, Ha Nam Province |
6 | Judgment 27/2024/HS-ST on the offense of using fabricated documents of an agency or organization | March 7, 2024 | People's Court of district-level town D, H Province |
7 | Judgment 46/2024/HS-ST on the offense of using fabricated documents of an agency or organization | March 6, 2024 | People's Court of District T, City H |
8 | Judgment 09/2024/HS-ST on the offense of using fabricated documents of an agency or organization | March 5, 2024 | People's Court of District D - G Province |
9 | Judgment 37/2024/HS-PT on the offense of using fabricated documents of an agency or organization | March 4, 2024 | People's Court of Son Tinh District, Quang Ngai Province |
10 | Judgment 23/2024/HS-ST on the offense of using fabricated documents of an agency or organization | March 1, 2024 | People's Court of Cam Le District, City D |
11 | Judgment 04/2024/HS-ST on the offense of using fabricated documents of an agency or organization | January 29, 2024 | People's Court of Quang Binh District, Ha Giang Province |
12 | Judgment 88/2023/HS-ST on the offense of using fabricated documents of an agency or organization | December 21, 2023 | People's Court of District B, Ha Nam Province |
13 | Judgment 68/2023/HS-ST on the offense of using fabricated documents of an agency or organization | December 14, 2023 | People's Court of Tam Dao District, Vinh Phuc Province |
14 | Judgment 12/2023/HS-ST on the offense of using fabricated documents of an agency or organization | December 8, 2023 | People's Court of City B, Bac Kan Province |
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