Penalties for violations of regulations on waterway traffic safety

Article 272 of the 2015 Penal Code (amended in 2017) stipulates the Crime of violating regulations on controlling water transport vehicles, as follows:

1. Anyone who operates a waterway vehicle and violates regulations on waterway 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 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) Not having a degree, certificate of professional competence or professional certificate appropriate to the position and type of vehicle as prescribed;

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

c) Fleeing to avoid responsibility or intentionally not helping the victim;

d) Failure to comply with the orders of the commander or person with authority to control and maintain order and safety of waterway traffic;

d) Causing the death of 02 people;

e) 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%;

g) 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. Violating regulations on controlling waterway vehicles in cases where there is a real possibility of leading to 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 02 years or imprisonment from 03 months to 01 year.

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