Tiếng Việt
TABLE OF CONTENTS
1. Conditions for drivers participating in traffic
2. How is the penalty for lending a motorbike to a minor?
2.1 Administrative sanctions
2.2 Criminal prosecution
1. Conditions for drivers participating in traffic
Pusuant to Article 58 of the 2008 Road Traffic Law:
“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. What is the penalty for lending a motorbike to a minor?
2.1 Administrative sanctions
Pursuant to Point dd, Clause 5, Article 30 of Decree 100/2019/ND-CP dated December 30, 2019, stipulating penalties for administrative violations in the field of road and rail traffic:
“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:
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);”
2.2 Criminal prosecution
According to Article 264 of the 2015 Penal Code, amended and supplemented in 2017, the “Crime of allowing an unqualified person to drive a vehicle to participate in road traffic” is stipulated as follows:
“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.”
Thus, depending on the nature and severity of the violation, the act of handing over a vehicle to a person who is not qualified to drive a vehicle on the road will be subject to administrative sanctions or criminal prosecution.