What is self-made vehicle? Are acts of using self-made vehicles be fined in Vietnam?

Hi, Lawnet would like to answer as follows:

1. What is self-made vehicle?

self-made vehicles are understood as vehicles that do not meet technical safety standards and are produced and installed in contravention of traffic involvement, including:

- Agricultural vehicles (also known as horizontal front vehicles, mode cars, bags, etc.) are vehicles assembled from a one-cylinder Diezen engine and taking advantage of the total number of cars.

- Small tractors for agricultural and forestry production often have versatile features such as soil making, water pumping, generating, transporting, ...

- Raw cars of 3 wheels, 4 wheel vehicles, except for 3 wheel vehicles used as vehicles of war invalids, homemade cars for disabled people, registered number plates.

(According to Resolution 32/2007/NQ-CP, guided by Directive 1405/CT-TTg and Official Letter 4642/BGTVT-VT)

2. Are acts of using self-made vehicles be fined in Vietnam?

According to the provisions of Clause 4, Article 8 of the Law on Road Traffic 2008, the introduction of putting motor vehicles and special-use machines which fail to satisfy technical safety and environmental protection criteria into operation on roads.

Accordingly, Article 16, Article 17 and Article 18 of Decree 100/2019/ND-CP are amended by Decree 123/2021/ND-CP, the fine for the act of using homemade cars in contravention traffic is as follows:

For operators of motor vehicles

- A fine of between VND 2,000,000 and VND 3,000,000 for one of the following violations:

+ Control the vehicle to temporarily operate over the scope and time limit;

+ Controlling vehicles produced, assembled in contravention of regulations on traffic.

- In addition, drivers of motorbikes and mopeds violating the above behavior also apply the specific sanctioning form:

+ Confiscation of vehicles;

+ Deprivation of the right to use the driver's license from 01 month to 03 months;

For operators of automobiles

- A fine of from VND 10,000,000 to VND 12,000,000 for car drivers (Including agricultural vehicles, which are suspended from participating in trailers or trailers, are pulled, and trailers and trailers are dragged in).

- In addition, the operators of the vehicles who violate the above behavior also apply the additional sanctions:

+ Confiscation of vehicles (except for cars with 10 or more seats, passenger transport businesses with an expiration date exceeding the business conditions of the registered business form but not exceeding 20 years from the year of manufacturing, and cars with less than 10 seats for passenger transport businesses)

+ Be deprived of the right to use the driving license from 01 month to 03 months.

For operators of tractors and special-use vehicles

- A fine of between VND 1,000,000 and VND 2,000,000 for one of the following violations:

+ Control vehicles operating not in accordance with the prescribed scope;

+ Control tractors and specialized motorbikes for production, assembly, or improvement in contravention of traffic participation;

- In addition, drivers of tractors and special-use vehicles who violate the above behavior also apply the specific sanctioning form:

+ Be deprived of the right to use the driver's license (when controlling the tractor), the certificate of fostering legal knowledge on road traffic when driving a special-use motorbike, from 01 month to 03 months.

3. How are acts of using self-made vehicles be handled in Vietnam?

Criminal prosecution:

According to Article 262 of the 2015 Penal Code, amended by Clause 74, Article 1 of the Penal Code 2017, the act of allowing the use of unroadworthy road vehicles or heavy-duty vehicles that may cause accident is handled as follows:

- Any person who is responsible for operation or operating conditions of vehicles but allows the use of unroadworthy road vehicles or heavy-duty vehicles and causes damage for another person in any of the following circumstances shall be liable to a fine of from VND 20,000,000 to VND 100,000,000 or face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment:

+ The offence results in the death of a person;

+ The offence causes ≥ 61% WPI for another person;

+ The offence causes a total WPI of 61% - 121% for more than one person.

+ The property damage caused by the offence is assessed at from VND 100,000,000 to under VND 500,000,000.

- This offence committed in any of the following circumstances carries a penalty of 02 - 07 years' imprisonment:

+ The offence results in the death of 02 people;

+ The offence causes a total WPI of 122% - 200% for more than one person;

+ The property damage caused by the offence is assessed at from VND 500,000,000 to under VND 1,500,000,000.

- This offence committed in any of the following circumstances carries a penalty of 05 - 10 years' imprisonment:

+ The offence results in the death of ≥ 03 people;

+ The offence causes a total WPI of ≥ 201% for ≥ 03 people;

+ The offence results in property damage assessed at ≥ VND 1,500,000,000.

In addition, the offender might also be prohibited from holding certain positions or doing certain jobs for 01 - 05 years.

In addition, the person causing the accident must also compensate for damage caused by themselves in accordance with Article 590 and Article 591 of the 2015 Civil Code:

- Damage caused by harm to health shall comprise:

+ Reasonable costs for treating, nursing and rehabilitating health, and functional losses and impairment of the aggrieved person;

+ Loss of or reduction in the actual income of the aggrieved person. If the actual income of the aggrieved person is irregular and is not able to be determined, the average income level for the type of work performed by the aggrieved person shall be applied;

+ Reasonable costs and actual income losses of the carers of the aggrieved person during the period of treatment. If the aggrieved person loses his or her ability to work and requires a permanent carer, the damage shall also include reasonable costs for taking care of the aggrieved person.

+ Other damage as prescribed by law.

- A person causing harm to the health of another person must pay:

Reasonable costs for treating, nursing and rehabilitating health, and functional losses and impairment of the aggrieved person;

+ Loss of or reduction in the actual income of the aggrieved person. If the actual income of the aggrieved person is irregular and is not able to be determined, the average income level for the type of work performed by the aggrieved person shall be applied;

+ Reasonable costs and actual income losses of the carers of the aggrieved person during the period of treatment. If the aggrieved person loses his or her ability to work and requires a permanent carer, the damage shall also include reasonable costs for taking care of the aggrieved person.

+ Other damage as prescribed by law.

Thus, users of homemade cars in contravention of regulations will be handled as follows:

Sanction administrative violations:

+ A fine of between VND 2,000,000 and VND 12,000,000 depending on the type of vehicle.

+ Deprivation of driving license from 01 to 03 months.

+ Confiscation of vehicles.

- Criminal treatment if an accident

+ May be a fine of VND 20,000,000-100,000,000 million or a prison term of 6 months to 10 years depending on the level and consequences.

+ Prohibiting taking on positions and prohibiting practicing from 01 to 05 years.

+ Compensation for damage to people and property.

Best regards!

Please Login to be able to download