What will Vietnam's penalty be if you drive without a driver's license?
When participating in traffic by car or motorbike, the vehicle driver is required to have a driver's license. In case, you do not have a driver's license and use a vehicle to participate in traffic, what will be the penalty in Vietnam?
Table of contents:
I. Legal Background
- Law No 100/2015/QH15 - Criminal Code
- Decree 100/2019/ND-CP Administrative Penalties For Road Traffic Offences And Rail Transport Offences
- Decree No 123/2021/ND-CP Amendments To Several Articles Of Decrees Providing For Administrative Penalties For Maritime Offences; Road Traffic Offences And Rail Transport Offences; Civil Aviation Offences
II. What will Vietnam's penalty be if you drive without a driver's license?
II.1 . When Drive a Motorcycle:
A fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed upon an operator of a motorcycle whose engine displacement is under 175 cm3 and the like who Failure to have a driving license or using a driving license that is not issued by a competent authority, or using a falsified driving license
2. A fine ranging from VND 4,000,000 to VND 5,000,000 shall be imposed upon an operator of a motorcycle whose engine displacement is under 175 cm3 and motorcycles with three wheels who commits any of the following violations:
a) Possessing a driving license inconsistent with the operated vehicle;
b) Failure to have a driving license or using a driving license that is not issued by a competent authority, or using a falsified driving license;
II.2 . When Drive a car
A fine ranging from VND 10,000,000 to VND 12,000,000 shall be imposed upon an operator of a motor vehicle and the like or tractor for any of the following offences:
a) Possessing a driver’s license inconsistent with the vehicle being operated or possessing a driver’s license that has been expired for 03 months or more;
b) Failure to have a driver’s license or using a driver’s license that is not issued by a competent authority or using a falsified driver’s license.
II.3. In the case of driving without a license and causing a traffic accident
1. Any person who violates road traffic rules and causes damage for another person in any of the following circumstances shall be liable to a fine of from VND 30,000,000 to VND 100,000,000 or face a penalty of up to 03 years' community sentence or 01 - 05 years' imprisonment:
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 carries a penalty of 03 - 10 years' imprisonment:
a) The offender does not have a driving license as prescribed;
b) The offender is 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;
c) The offender leaves the site after causing the accident to evade responsibility or refuses to help the victim;
d) The offender fails to comply with the traffic controller's commands;
dd) The offence results in the death of 02 people;
e) The offence causes a total WPI of 122% - 200% for more than one person;
g) 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 07 - 15 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. If a road traffic offence that is likely to have any of the consequences mentioned in Point a, b, c Clause 3 of this Article is not promptly prevented, the offender shall be liable to a fine of from VND 10,000,000 to VND 50,000,000 or face a penalty of up to 01 year's community sentence or 03 - 12 months' imprisonment.
5. The offender might also be prohibited from holding certain positions or doing certain jobs for 01 - 05 years.
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