HOW IS THE PUNISHMENT FOR HANDING OVER A VEHICLE TO AN UNQUALIFIED PERSON?

How is the punishment for handing over a vehicle to an unqualified person? What are the conditions for driving on the road? Please advise?

Table of Contents

1. Conditions for drivers to drive on the road

2. How is the punishment for handing over a vehicle to an unqualified person?

2.1 Administrative sanctions

2.2 Criminal prosecution

1. Conditions for drivers participating in traffic

According to Article 58 of the 2008 Road Traffic Law, conditions for drivers participating in traffic are stipulated as follows:

“Article 58. Conditions for drivers of vehicles to join in traffic

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.”

2. How will handing over a vehicle to an unqualified person be handled?

2.1 Administrative sanctions

– Handing over a car to an unqualified person to drive the vehicle will be punished

Pursuant to Point h, Clause 8, Article 30 of Decree 100/2019/ND-CP regulating sanctions for administrative violations in the field of road and rail traffic:

“8. Fines from VND 4,000,000 to VND 6,000,000 for individuals, from VND 8,000,000 to VND 12,000,000 for organizations that are owners of automobiles, tractors, specialized motorbikes and similar vehicles that commit one of the following violations:

h) Handing over the vehicle or allowing a person who does not meet the conditions prescribed in Clause 1, Article 58 (for automobiles, tractors and similar vehicles), Clause 1, Article 62 (for specialized motorbikes) of the Law on Road Traffic to drive the vehicle in traffic (including cases where the driver has a driving license or a certificate of training in road traffic law but has expired or is in the period of having the right to use revoked);” Thus, handing over or allowing an unqualified person to drive a car to participate in traffic as prescribed above, the car owner will be fined from VND 4,000,000 to VND 6,000,000 (for individuals) and from VND 8,000,000 to VND 12,000,000 (for organizations).

– Handing over a motorbike to an unqualified person to drive a car to participate in traffic will be punished

Based on point d, Clause 5, Article 30 of Decree 100/2019/ND-CP regulating administrative sanctions in the field of road and rail traffic:

“5. Fines from VND 800,000 to VND 2,000,000 for individuals, from VND 1,600,000 to VND 4,000,000 for organizations that are owners of motorbikes, mopeds and similar vehicles that commit one of the following violations:

d) Handing over the vehicle or allowing a person who does not meet the conditions prescribed in Clause 1, Article 58 of the Law on Road Traffic to drive the vehicle in traffic (including cases where the driver has a driving license but it has expired or is in the period of having the right to use it revoked);”

Thus, handing over a vehicle or allowing an unqualified person to drive a motorbike (motorbike, motorbike) to participate in traffic as prescribed above, the motorbike owner will be fined from 800,000 VND to 2,000,000 VND (for individuals) and from 1,600,000 VND to 4,000,000 VND (for organizations).

 2.2 Criminal prosecution

Pursuant to Article 264 of the 2015 Penal Code, amended and supplemented in 2017, stipulates:

“Article 264. Allowing an unqualified person to operate a vehicle on public roads

1. Any person who owns or manages a road vehicle and allows another person who does not have a driver license or is under the minimum driving age or 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 or otherwise unqualified and as a results causes any of the following consequences 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 01 person or bodily harm to 01 person who suffers from ≥ 61% physical disability;

b) The offence results in bodily harm to 02 people, each of whom suffers from 31% – 60% physical disability;

c) The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of 61% – 121%;

d) The offence results in property damage of from VND 100,000,000 to under VND 500,000,000.

2. This offence committed in any of the following cases 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 results in bodily harm to 02 people, each of whom suffers from 61% physical disability or more;

c) The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of 122% – 200%;

d) The offence results in property damage of from VND 500,000,000 to under VND

1,500,000,000.

3. This offence committed in any of the following cases shall carry a penalty of 03 – 07 years’ imprisonment:

a) The offence results in the death of 03 or more people;

b) The offence results in bodily harm to 03 people, each of whom suffers from 61% physical disability or more;

c) The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of ≥ 201%.

d) The offence results in property damage of ≥ VND 1,500,000,000;

4. Any person who owns or manages a road vehicle and allows another person who does not have a driver license or is under the minimum driving age or 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 or otherwise unqualified and as a results causes bodily harm to 01 person who suffers from 31% – 60% physical disability or bodily harm to ≥ 02 people who suffer from a total physical disability of 31% – 60% shall be liable to a fine of from VND 10,000,000 to VND 50,000,000 or face a penalty of up to 02 years’ community sentence.

5. The offender might also be liable to a fine of from VND 10,000,000 to VND 30,000,000.”