Is there a penalty of imprisonment for allowing a person under the influence of alcohol to operate motorbike causing a fatal accident in Vietnam?

Is there a penalty of imprisonment for allowing a person under the influence of alcohol to operate motorbike causing a fatal accident in Vietnam?

In Article 264 of the Penal Code 2015 as amended by Clause 76, Article 1 of the Law on Amendment to the Penal Code 2017 stipulates 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.

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 allows another person to operate a vehicle on public roads in the knowledge that he/she is under the influence of alcohol with blood or breath alcohol content above the limit, causing a fatal accident may be liable for criminal prosecution in Vietnam. This offender can be imprisoned for up to 7 years. 

In your case, if you allow a person under the influence of alcohol to operate your motorbike, causing a fatal accident, you may be sentenced to community sentence for up to 3 years according to the above provisions in Vietnam. But to know the most accurate, it is necessary to have a judgment execution decision of the court.

How much is fine for allowing an unqualified person to operate motorbike in Vietnam?

In Clause 5, Article 30 of Decree 100/2019/ND-CP as amended by Point d, Clause 17, Article 2 of Decree 123/2021/ND-CP, providing for penalties imposed upon vehicle owners as follows:

5. For owners of mopeds and motorcycles: A fine ranging from VND 800,000 to VND 2,000,000 shall be imposed upon an individual, from VND 1,600,000 to VND 4,000,000 upon an organization that commits any of the following violations:

a) Deliberately cutting, welding and punching to modify chassis number and engine number; operating vehicles whose chassis number and engine number have been modified due to being cut, welded and punched;

b) Falsifying or forging the documents about vehicle registration;

c) Changing the chassis, engine, shape, size, or functions of the vehicle;

d) Providing false information or using fraudulent documents to apply for the license plate or Certificate of vehicle registration;

dd) Allowing an unqualified person according to Clause 1 Article 58 of the Law on Road traffic to operate the vehicle on public roads (including those using an expired driving license or those with revoked driving license);

e) Failure to comply with revocation of certificates of vehicle registration and license plates as per the law;

g) Operating a vehicle without the certificate of vehicle registration or with an expired certificate of vehicle registration; failure to operate a vehicle with the certificate of temporary vehicle registration within the permitted time limit or failure to operate a vehicle with restricted operation areas on the permitted routes or within the permitted areas;

h) Operating vehicles with certificates of vehicle registration issued by other than competent authorities or with modified certificates of vehicle registration; operating vehicles with certificates of vehicle registration inconsistent with chassis number of the vehicles;

i) Installing and using devices modifying license plates against regulations and law;

k) Operating a vehicle without a license plate (if required); or the license plate of which is not consistent with the Certificate of vehicle registration or not issued by a competent authority.

According to this Article, in case you allow an unqualified person to operate motorbike, you may be fined from VND 800,000 to VND 2,000,000 according to the law in Vietnam.

What are conditions for drivers of motorbikes in Vietnam?

In Article 58 of the Road Traffic Law 2008, conditions for drivers of vehicles to join in traffic are 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.

The above are the legal provisions on conditions for drivers of vehicles to join in traffic in Vietnam.

Best Regards!