How will the act of assigning unqualified people to drive water vehicles be handled?
(Baonghean.vn) - How will the case of letting someone without a license or professional certificate drive a water vehicle, leading to an accident causing damage to others, be handled? - Mr. NQĐ in Thanh Chuong district asked.
Reply:
Article 276 of the 2015 Penal Code (amended and supplemented in 2017) stipulates the Crime of allowing an unqualified person to drive a water vehicle as follows:
1. Anyone who allows a person who does not have a license, certificate of professional competence, or a professional certificate as prescribed, or a person who is under the influence of alcohol or beer with an alcohol concentration in the blood or breath exceeding the prescribed level, who is using drugs or other strong stimulants, or who does not meet other conditions as prescribed by law to drive a waterway vehicle causing damage to another person in one of the following cases, or who has been disciplined, administratively sanctioned for this act, or has been convicted of this crime, and has not had his/her criminal record expunged, but still commits the violation, shall be subject to a fine of from 30,000,000 to 100,000,000 VND, non-custodial reform for up to 03 years, or imprisonment from 06 months to 03 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 or more people, with the total body injury rate of these people from 61% to 121%;
d) Causing property damage from VND 100,000,000 to under VND 500,000,000.
2. Committing a crime in one of the following cases shall be punishable by imprisonment from 03 years to 10 years:
a) Killed 02 people;
b) Causing injury or damage to the health of 02 or more people, with the total body injury rate of these people from 122% to 200%;
c) Causing property damage from VND 500,000,000 to under VND 1,500,000,000.
3. Committing a crime in one of the following cases shall be punishable by imprisonment from 07 to 15 years:
a) Causing the death of 3 or more people;
b) Causing injury or damage to the health of 03 or more people, with the total body injury rate of these people being 201% or more;
c) Causing property damage of VND 1,500,000,000 or more.
4. The offender may also be banned from holding positions, practicing a profession or doing certain jobs from 01 to 05 years.
Thus, the crime of allowing an unqualified person to drive a water vehicle can be prosecuted criminally with a maximum prison sentence of up to 15 years.
