“Hello Lawyer, Currently there are many fake driver’s licenses made on the market and sold widely. However, we can know fake and real driver’s licenses by scanning QR codes. Dear QR code lawyer Can I fake it on a Vietnamese driver’s license? I would like to sincerely thank the lawyer who answered me.”
Thank you for sending us your question. From June 1, 2020; a driver’s license has a two-dimensional code (QR) printed on the back by the authorities to read; quickly decipher the information on the driver’s license when scanning the code with a smartphone to create convenient conditions for people as well as the police agency to check whether the driver’s license is real or fake. To be able to learn about this issue, today, LSX Lawfirm will give you an article about “Can the QR code on a Vietnamese driver’s license be faked?“, as follows:
Legal grounds
Road Traffic Law 2008
Decree 100/2019/ND-CP
Penal Code 2015 Amendments and Supplements 2017
What is a driver’s license?
– Driver’s license, also known as Driver’s License; is a type of license or certificate issued by a state agency or a competent authority to a specific individual allowing that person to be allowed to operate, circulate, and participate in traffic by motor vehicles of all kinds such as motorized vehicles. machinery, large displacement motorcycles, cars, trucks, buses, passenger cars, container trucks, or other vehicles on public roads.
– Regulations on driving licenses in different countries are different depending on the characteristics of each country, but in general, in order to receive a driving license, applicants for a driving license need to go through many legal procedures such as applying for a license. level must pass a driving test or rigorous driving tests (depending on vehicle requirements) and other procedures. After being granted a driving license, that person has the right (legally) to join traffic by vehicle.
– Ordinary driving licenses are issued based on a certain age. When a person violates the Traffic Law, the traffic police may ask them to show the driver’s license for inspection. Some legal regulations in many countries have the form of penalties for confiscation of a driver’s license or forfeiture of a driving license for a definite or indefinite period (driver’s license detention).
Current types of Vietnamese driver’s licenses
– A1 class driver’s license:
Drivers of two-wheeled motorcycles with cylinder capacity from 50 cm3 to less than 175 cm3
Disabled people drive tricycles for disabled people.
Class A2 driver’s license: Drivers to operate two-wheeled motorcycles with a cylinder capacity of 175 cm3 or more and vehicles specified for A1 class driving licenses.
Class A3 driver’s license: Class A3 is granted to drivers to operate three-wheeled motorcycles, vehicles prescribed for A1-class driving licenses, and similar vehicles.
A4-class driver’s license: Drivers of small tractors with a tonnage of up to 1000kg.
Class B1 has 2 types: automatic transmission (non-driver) and both manual + automatic transmission (non-driver).
– Class B1 driving license: automatic number granted to non-drivers to operate the following vehicles:
Automatic transmission cars carry people up to 9 seats, including the driver’s seat
Trucks, including special-purpose trucks with automatic transmissions with a designed tonnage of less than 3,500 kg- Cars for the disabled.
– Class B1 car driving license: granted to non-drivers to operate the following vehicles:
Passenger cars with up to 9 seats, including the driver’s seat
Trucks, including special-purpose trucks with a design tonnage of less than 3,500 kg The tractor pulls a trailer with a design tonnage of less than 3,500 kg.
In addition
– Class B2 driving license: Class B2 is granted to drivers to operate the following vehicles:
Drivers of 4-9-seat cars, special-use cars with a design tonnage of fewer than 3.5 tons
Types of vehicles specified for B1 class driving licenses.
– Class C driver’s license: Drivers of 4-9-seat cars, trucks, including special-purpose trucks and special-use cars with a designed tonnage of 3,500kg or more:
Tractors pulling a trailer with a design tonnage of 3,500 kg or more
Types of vehicles specified for driving licenses of classes B1, B2
– Class D driver’s license:
Passenger cars with 10 to 30 seats, including the driver’s seat
Types of vehicles specified for driving licenses of classes B1, B2, and C.
– Class E driver’s license:
Cars carrying people over 30 seats
Vehicles specified for class B1, B2, C, D* driving license holders of classes B1, B2, C, D, and E when operating the respective vehicles may tow an additional trailer with a design tonnage of not more than 750 kg.11.F class driver’s license: a person who has a license to drive a class B2, C, D and E to operate the respective cars towing trailers with tonnage Designs larger than 750 kg, semi-trailers, passenger cars connected to wagons, are specified as follows:
– FB2 class driver’s license: drivers of vehicles according to Class B2 regulations towing trailers
– FC class driver’s license: drivers of vehicles according to Class C regulations towing trailers
– FD class driver’s license: drivers of vehicles according to class D regulations towing trailers
– FE class driver’s license: drivers of vehicles according to Class E regulations towing trailers.
What is a QR code?
– Firstly, QR Code: new generation barcode.
– Secondly, QR Code, short for Quick Response code (roughly translated as “Quick Response code”), also known as matrix-barcode, is a two-dimensional (2D) barcode that can be read by a reader. barcode or smartphone (smartphone) with the function of taking pictures (camera) with a specialized application to scan barcodes.
– Thirdly, QR Code (QR code) was created by Denso Wave (a subsidiary of Toyota) in 1994; whose shape consists of black points; and the square is within the sample square on a white background. QR Codes can be read faster, saving time; and space compared to traditional barcode types.
– Finally, A QR code can contain information about a web address (URL); time of an event, contact information (such as vCard), email address, SMS; textual content, or even geolocation information. Depends on the QR code reader device you use when scanning; it will take you to a web page, call a phone number, and view a message; …
QR code on driver’s license
– Firstly, Implement regulations of Circular No. 38/2019/TT-BGTVT on training; and issuing driver’s licenses, from June 1, 2020, the Directorate for Roads has printed QR codes on driver’s licenses; motorcycles are granted new, and renewed. This is done with a driver’s license issued by the Directorate for Roads and Departments of Transport.
– Secondly, Driver’s license printed with a valid QR code to read; quickly decode the information on the driver’s license with a smartphone and link it with the driver’s license management information system to verify the authenticity and look up the driver’s license information. People just need to use a phone with a QR code scan to check the driver’s license information.
Penalties for forging QR codes on fake driver’s licenses
Administrative penalty for forging driver’s license
Firstly, The act of forging a QR code on a fake driver’s license is a serious violation of the law that should strictly handled by the law.
Secondly, The act of making a QR code on a driver’s license may administratively sanctioned with a fine ranging from VND 5,000,000 to VND 10,000,000; if the behavior is not enough to constitute a crime for a criminal prosecution, the violation is “Forging a seal or using a fake seal”
Criminal handling of forging driver’s license
As analyzed, the act of making a QR code on a driver’s license forged is an act that can prosecute for penal liability for the crime of forging the seal of an organization (Article 341 of the Penal Code); and sometimes the act of making a QR code on a driver’s license with forgery; may also prosecute for fraud to appropriate property (Article 174) if there are enough elements to constitute the crime.
For the crime of forging an organization’s seal:
Offenders will fine from 30 million to 100 million dongs; shall sentence to non-custodial reform for up to 3 years or a prison term of between 6 months and 2 years.
In the case of organized crime; commit the crime twice or more; made from 2 seals; other documents or papers that commit less serious crimes; or serious crime; gain illicit profits from 10 million to less than 50 million dongs; Dangerous recidivism will result in a prison term of between 2 and 5 years.
Offenders use seals and documents; or other documents committing a very serious crime or a particularly serious crime; If they gain illegal profits of 50 million VND or more, they will fine from 3 to 7 years.
For the crime of fraud to appropriate property:
Firstly, Impose non-custodial reform for up to 3 years of imprisonment from 6 months to 3 years.
Secondly, Imprisonment from 02 years to 07 years:
In case of organized crime; or of a professional nature; or appropriate property valued between VND 50,000,000 and under VND 200,000,000; and or dangerous recidivism; or abuse of their position; powers or takes advantage of the name of an agency or organization, or use cunning tricks;
Thirdly, Imprisonment from 07 years to 15 years: In case of appropriating property valued from 200,000,000 VND to under 500,000,000 VND; or taking advantage of natural disasters or epidemics.
Finally, Imprisonment from 12 to 20 years or life imprisonment: In case of appropriating property worth 500,000,000 VND or more.
Consulting service of LSX Lawfirm
Above is LSX Lawfirm’s advice on the content of the problem “Can the QR code on a Vietnamese driver’s license be faked?”. And all the above knowledge to use in work and life. If you have any questions and need more advice and help, please contact the hotline for the reception. Lawyer X is a place that provides reputable and fast business services at reasonable prices. Customers will be extremely satisfied when using our services.
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Related questions
Drivers are only considered to renew their driving licenses when they expire in case the expiry date is less than 03 months. Those whose driving license has expired for more than 3 months, will have to take the test again in order to be re-issued with their driving license. Specifically,
✔ Firstly, Overdue from 3 months to less than 1 year, the theory test must be re-tested;
✔ Secondly, if Overdue for 1 year or more, both theory and practice tests must be re-examined. As such, drivers need to pay attention to the expiration date of their driver’s license. If it is about to expire, it is necessary to prepare the necessary documents to apply for a license change.
Within 30 days from the date of the last notice; if the violator does not come to pay the fine and receive the driving license; the competent person will issue a decision to confiscate and destroy it according to the provisions of Article 109 of the Law on Management and Use of Public Property 2017. Thus, there is a high possibility that your documents have been destroyed; you can no longer pay the fine to get your driver’s license back then.
The international driver’s license is valid for a period of 3 years if it is issued by Vietnam, otherwise, it is issued by the US, there are 3 years, 5 years, 10 years and 20 years depending on the needs. of the person who wants to exchange then.
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