If I give my vehicle to my child to operate without a driving license, will I be faced a penalty of imprisonment in Vietnam?

If I give my vehicle to my child to operate without a driving license, will I be faced a penalty of imprisonment in Vietnam?

Pursuant to Article 264 of the 2015 Penal Code as amended by Clause 76, Article 1 of the Penal Code Amendment Law 2017, there are provisions on allowing an unqualified person to operate a vehicle on public roads.

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.

2. This offence committed in any of the following circumstances shall carry a fine of from VND 50,000,000 to VND 200,000,000 or a penalty of 06 - 36 months' imprisonment:

a) The offence results in the death of 02 people;

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

c) 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 02 - 07 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. The offender might also be liable to a fine of from VND 10,000,000 to VND 30,000,000.

Thus, the person who allowing an unqualified person operate a vehicle on public roads as prescribed by law and causing damage to others will be examined for penal liability in Vietnam.

Conditions for drivers of vehicles to join in traffic in Vietnam

Pursuant to Article 58 of the 2008 Road Traffic Law, there are provisions as follows:

1. Drivers of vehicles to join in traffic must be of the age and in good health as prescribed in Article 60 of this Law, and proper driver licenses for the types of vehicle they are permitted to operate, which are granted by competent state agencies.

Learner drivers, when joining in traffic, shall practice driving on driving practice vehicles and have their driving supported by driving instructors.

2. When operating a vehicle, the driver shall carry the following papers:

a/ Vehicle registration paper;

b/ Driver license, for motor vehicle operators defined in Article 59 of this Law;

c/ Technical safety and environmental protection inspection certificate, for motor vehicles prescribed in Article 55 of this Law;

d/ Motor vehicle owner civil liability insurance certificate.

Thus, according to the above regulations in Vietnam, car drivers when participating in traffic are required to have a driving license (except for practice driving).

In your case, if you give your car to your child without a driving license, in case your child cause damage as prescribed above, you can be prosecuted for criminal liability with the lowest penalty from a fine from VND 10,000,000 to VND 50,000,000 or face a penalty of up to 03 years' community sentence in Vietnam.

In addition, if your child is detected by the traffic police, even though your child has not caused an accident, you can still be administratively sanctioned for the act of allowing an unqualified person to operate a vehicle in Vietnam.

Best Regards!