Penalty framework for the crime of putting into use unsafe means of water transport

Article 274 of the 2015 Penal Code, amended and supplemented in 2017, stipulates the crime of putting into use unsafe means of water transport, as follows:

1. Anyone who is directly responsible for the mobilization or technical condition that allows the use of a waterway vehicle that clearly does not meet technical safety standards, causing damage to others in one of the following cases, or 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 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 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.