WHAT IS THE PENALTY IF A DRIVER CAUSE ACCIDENTS IS FOUND TO HAVE A FAKE OR COUNTERFEIT LICENSE?

Table of Contents:

1. What is the penalty if a driver is found to have a fake or counterfeit license?

2. What is the penalty if a driver cause accidents is found to have a fake or counterfeit license?

1. What is the penalty if a driver is found to have a fake or counterfeit license?

Driver using fake licenses will be punished according to the provisions of Clause 5, Clause 7, Clause 8, Clause 9, Article 21 of Decree 100/2019/ND-CP (amended and supplemented by Decree 123/2021/ND-CP) on administrative sanctions for violations in the field of road and railway traffic as follows:

“Article 21. Sanctions for violations of regulations on conditions for motor vehicle drivers

5. A fine of VND 1,000,000 to VND 2,000,000 shall be imposed on drivers of two-wheeled motorbikes with a cylinder capacity of less than 175 cm3 and similar vehicles to motorbikes who commit one of the following violations:

a) Not having a driving license or using a driving license not issued by a competent authority, or a driving license that has been erased;

b) Having an International Driving Permit issued by a country participating in the 1968 Convention on Road Traffic (except for the International Driving Permit issued by Vietnam) but not carrying a National Driving Permit;

c) Using an invalid Driving Permit (a Driving Permit with a blank number on the back that does not match the latest blank number issued in the Driving Permit management information system).

7. A fine of VND 4,000,000 to VND 5,000,000 shall be imposed on a person driving a two-wheeled motorbike with a cylinder capacity of 175 cm3 or more, or a three-wheeled motorbike who commits one of the following violations:

a) Having a Driving Permit that is not suitable for the type of vehicle being driven;

b) Not having a Driving Permit or using a Driving Permit not issued by a competent authority, or an erased Driving Permit;

c) Having an International Driving Permit issued by a country participating in the 1968 Convention on Road Traffic (except for an International Driving Permit issued by Vietnam) but not carrying a National Driving Permit;

d) Using an invalid Driving Permit (a Driving Permit with a blank number on the back that does not match the latest blank number issued in the Driving Permit management information system).

8. A fine of VND 5,000,000 to VND 7,000,000 shall be imposed on drivers of cars, tractors and vehicles similar to cars who commit one of the following acts:

a) Having a Driving Permit that has expired for less than 03 months;

b) Having an International Driving Permit issued by a country participating in the 1968 Convention on Road Traffic (except for an International Driving Permit issued by Vietnam) but not carrying a National Driving Permit;

c) Using an invalid driving license (a driving license with a blank number printed on the back that does not match the latest blank number issued in the driving license management information system).

9. A fine of VND 10,000,000 to VND 12,000,000 shall be imposed on drivers of cars, tractors and similar vehicles who commit one of the following acts:

a) Having a driving license that is not suitable for the type of vehicle being driven or having a driving license that has expired for 03 months or more;

b) Not having a driving license or using a driving license that is not issued by a competent authority or using an erased driving license.”

Thus, in the case of a traffic participant using a fake driving license, a fine of VND 1,000,000 to VND 12,000,000 shall be imposed depending on the engine displacement of the driver.

In addition, when a driver’s license is discovered to be fake, the driver will also be forced to have the fake driver’s license confiscated according to the law.

2. What is the penalty if a driver cause accidents is found to have a fake or counterfeit license?

In cases where traffic participants use fake driving licenses and cause accidents, they will be handled according to Article 260 of the Penal Code 2015, amended and supplemented in 2017 on the Crime of violating regulations on road traffic participation as follows:

“Article 260. Crime of violating regulations on road traffic participation

1. Anyone who participates in road traffic and violates regulations on road traffic safety, causing damage to another person in one of the following cases, shall be subject to a fine of from VND 30,000,000 to VND 100,000,000, non-custodial reform for up to 03 years or imprisonment from 01 year to 05 years:

a) Causing death;

b) Causing injury or damage to the health of 01 person with a body injury rate of 61% or more;

c) Causing injury or damage to the health of 02 people or more with a total body injury rate of these people from 61% to 121%;

d) Causing property damage from 100,000,000 VND to under 500,000,000 VND.

2. Committing a crime in one of the following cases shall be punished by imprisonment from 03 years to 10 years:

a) Not having a driving license as prescribed;

b) In a state of using alcohol or beer with the alcohol concentration in the blood or breath exceeding the prescribed level, using drugs or other strong stimulants;

c) Running away to evade responsibility or intentionally not rescuing the victim;

d) Not complying with the orders of the driver or traffic guide;

d) Causing the death of 02 people;

e) Causing injury or damage to the health of 02 or more people with the total rate of bodily injury of these people from 122% to 200%;

g) Causing property damage from 500,000,000 VND to under 1,500,000,000 VND.

3. Committing a crime in one of the following cases shall be punished by imprisonment from 07 years to 15 years:

a) Causing the death of 03 or more people;

b) Causing injury or damage to the health of 03 or more people with the total rate of bodily injury of these people being 201% or more;

c) Causing property damage of 1,500,000,000 VND or more.

4. Violating regulations on road traffic participation in cases where there is a real possibility of leading to the consequences specified in one of Points a, b and c, Clause 3 of this Article, if not prevented in time, shall be subject to a fine of from VND 10,000,000 to VND 50,000,000, non-custodial reform for up to 01 year or imprisonment from 03 months to 01 year.

5. Offenders may also be banned from holding positions, practicing a profession or doing certain jobs from 01 year to 05 years.”.

Thus, in cases where traffic participants use fake driving licenses and cause accidents, they may be prosecuted for criminal liability from 03 to 15 years imprisonment. In addition, offenders may also be prohibited from holding certain positions, practicing a profession or doing certain jobs for 01 – 05 years or have part or all of his/her property confiscated.