What is the imprisonment imposed on person, who doesn't have driving license, for operating vehicles causing the death of a person in Vietnam?

What is the imprisonment imposed on person, who doesn't have driving license, for operating vehicles causing the death of a person in Vietnam?

Pursuant to Clause 1 and 2, Article 260 of the Criminal Code in 2015 (amended by Clause 72 Article 1 of the Law on amendments to the Criminal Code in 2017) stipulating road traffic offences as follows:

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.

As regulations above, a penalty of up to 03 - 10 years' imprisonment shall be imposed on your son for failure to have driving license and operating vehicles causing the death of a person in Vietnam. The specific sentence will be decided by the Court.

What are the fines for operating motorbikes without driving licenses in Vietnam?

Pursuant to Clause 5 and 7, Article 21 of the Decree 100/2019/NĐ-CP (amended by Clause 11 Article 2 of the Decree 123/2021/NĐ-CP) stipulating penalties for offences against regulations on qualification for operating motor vehicles as follows:

5. A fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed upon an operator of a two-wheeled motorcycle whose engine displacement is under 175 cm3 and motorcycle-like vehicles who commits any of the following offences:

a) Failure to have a driver’s license or using a driver’s license that is not issued by a competent authority or using a falsified driver’s license;

b) Possessing an international driver’s license issued by any of the Member States of the Convention of Road Traffic 1968 (except for international driver’s licenses issued by Vietnam’s authority);

c) Using an invalid driver’s license (driver’s license template number at the back does not match the latest issued template number in the driver’s license management system license).

7. A fine ranging from VND 4,000,000 to VND 5,000,000 shall be imposed upon an operator of a two-wheeled motorcycle whose engine displacement is 175 cm3 or more and three-wheeled motorcycles who commits any of the following offences:

a) Possessing a driver’s license inconsistent with the vehicle being operated;

b) Failure to have a driver’s license or using a driver’s license that is not issued by a competent authority or using a falsified driver’s license;

c) Possessing an international driver’s license issued by any of the Member States of the Convention of Road Traffic 1968 (except for international driver’s licenses issued by Vietnam’s authority);

d) Using an invalid driver’s license (driver’s license template number at the back does not match the latest issued template number in the driver’s license management system license).

As regulations above, a fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed for operating a two-wheeled motorcycle whose engine displacement is under 175 cm3 without driving licenses in Vietnam.

A fine ranging from VND 4,000,000 to VND 5,000,000 shall be imposed for operating a two-wheeled motorcycle whose engine displacement is 175 cm3 or more without driving licenses in Vietnam.

In Vietnam: Shall anyone, who lends motorbikes to people without driving licenses causing the death of a person be liable to criminal prosecution?

Pursuant to Clause 1 Article 264 of the Criminal Code in 2015 (amended by Clause 76 Article 1 of the Law on amendments to the Criminal Code in 2017) stipulating allowing an unqualified person to operate a vehicle on public roads as follows:

1. Any person who allows another person to operate a vehicle on public roads in the knowledge that he/she does not have a driver license or is under the influence of alcohol with blood or breath alcohol content above the limit, under the influence of drugs or other strong stimulants or otherwise unqualified and as a results causes damage for another person in any of the following circumstances shall be liable to a fine of from VND 10,000,000 to VND 50,000,000 or face a penalty of up to 03 years' community sentence:

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.

As regulations above, any person, who allows another person to operate a vehicle on public roads and causes death of a perosn in the knowledge that he/she does not have a driver license, shall be liable to criminal prosecution or face a penalty of up to 03 years' community sentence.

Best regards!