How will the crime of allowing an unqualified person to drive a vehicle on the road be handled?

Reply:

Article 264 of the Penal Code 2015 (amended 2017) stipulates the crime of allowing an unqualified person to drive a vehicle to participate in road traffic as follows:

1. Any person who allows a person who clearly knows that person does not have a driving license or is under the influence of alcohol or beer with a blood or breath alcohol concentration exceeding the prescribed level, is using drugs or other strong stimulants or does not meet other conditions prescribed by law to drive a vehicle on the road, causing damage to another person in one of the following cases, shall be subject to a fine of from VND 10,000,000 to VND 50,000,000 or non-custodial reform for up 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 subject to a fine of from VND 50,000,000 to VND 200,000,000 or imprisonment from 06 months to 03 years:

a) Killing 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 02 years to 07 years:

a) Causing the death of 03 people or more;

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 fined from VND 10,000,000 to VND 30,000,000.”.

Thus, the crime of allowing an unqualified person to drive a vehicle to participate in road traffic, depending on the severity of the crime, can be punished with a maximum prison sentence of up to 7 years, in addition, the offender can also be fined up to 30,000,000 VND.

PV