In accordance with the law, when driving vehicles participating in traffic, people must have a driving license. For many reasons such as loss, underage or be fined for violating traffic safety laws… their driving license has been revoked. As a result, there are many people using a fake driving license to avoid being fined. So “What is the punishment for using a fake driving license in Vietnam?” Let’s find out with LSX in the article below.
Legal grounds
- Penal Code 2015
- Road Traffic Law 2008
- Decree 100/2019/ND-CP
- Circular 12/2017/TT-BGTVT
What is a driving license?
A driving license is a license or certificate issued by a state agency or a competent authority to a specific individual which allows that person to operate, circulate and participate in traffic by motor vehicles such as motorcycles, large displacement motorcycles, cars, trucks, buses, passenger cars, container trucks or other vehicles.
Regulations on driving licenses among countries are differently depending on the characteristics of each country, but in general, in order to receive a driving license, an applicant needs to go through many legal procedures such as applying for a license, passing 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 participate in traffic by vehicles.
Classification of driving licenses
Currently, competent authorities in Vietnam are issuing and allowing the use of the following types of driving licenses:
– Class A1 is granted to drivers to operate two-wheeled motorcycles with cylinder capacity from 50 cm3 to less than 175 cm3 or disabled people to operate three-wheeled motorcycles for disabled people.
– Class A2 is granted to drivers to operate two-wheeled motorbikes with a cylinder capacity of 175 cm3 or more and vehicles specified for A1 class driving licenses.
– Class A3 is granted to drivers to operate three-wheeled motorcycles, vehicles prescribed for A1-class driving licenses and similar vehicles.
– Class A4 is granted to drivers to operate small tractors with a tonnage of up to 1,000 kg.
– Class B1 automatic number is granted to non-drivers to operate the following vehicles:
+ Automatic transmission cars carrying people up to 9 seats, including the driver’s seat;
+ Trucks, including automatic transmission special-use trucks, with a designed tonnage of less than 3,500 kg;
+ Cars for people with disabilities.
– Class B2 is granted to drivers to operate the following vehicles:
+ Special-use cars with a designed tonnage of less than 3,500 kg;
+ Types of vehicles specified for B1 class driving licenses.
– Class C is granted to drivers to operate the following vehicles:
+ Trucks, including special-purpose trucks and special-use cars with a designed tonnage of 3,500 kg or more;
+ Tractors pulling a trailer with a design tonnage of 3,500 kg or more;
+ Vehicles specified for driving licenses of classes B1, B2.
– Class D is granted to drivers to operate the following vehicles:
+ Passenger cars with 10 to 30 seats, including the driver’s seat;
+ Vehicles specified for driving licenses of classes B1, B2 and C.
– Class E is granted to drivers to operate the following vehicles:
+ Passenger cars with over 30 seats;
+ Vehicles specified for driving licenses of classes B1, B2, C and D.
– Class F is granted to holders of driving licenses of classes B2, C, D and E to operate corresponding cars towing trailers with a design tonnage greater than 750 kg, semi-trailers, and connecting cars.
Which agency has the authority to issue a driving license under Vietnam law?
Article 29 of Circular 12/2017/TT-BGTVT stipulates that the following agencies are competent to issue driving licenses:
– The Directorate for Roads of Vietnam is responsible for the management of driving tests and issuance of driving licenses throughout the country; The Department of Management of Vehicles and Drivers is an advisory organization to assist the General Director in performing the functions and tasks of administering the tests and granting a driving license (referred to as the test management agency).
– The Department of Transport is responsible for administering driving tests and issuance of driving licenses within provinces and central cities; The Division assigned the task of managing driver training, testing and issuance of driver’s licenses is an organization that advises and assists the Director of the Department in performing the functions and tasks of administering the test and issuing drivering licenses (hereinafter referred to as the driving license agency).
Thus, a driving license that is not issued by a competent authority will be considered a fake driving license. It is against the law to issue and use a fake driving license.
What is the punishment for using a fake driving license in Vietnam?
Punishment for using a fake driving license are specified in Article 21 of Decree 100/2019/ND-CP as follows:
– For two-wheeled motorcycles with a cylinder capacity of less than 175 cm3 and vehicles similar to motorcycles
Drivers without a driving license or using a driving license not issued by a competent authority will be fined from VND 800,000 to VND 1,200,000.
– For two-wheeled motorcycles with a cylinder capacity of 175 cm3 or more, and three-wheeled motorcycles
Drivers using a fake driving license not issued by a competent authority will be fined from VND 3,000,000 to VND 4,000,000.
– For cars, tractors and other similar cars
Drivers will be fined from VND 4,000,000 to VND 6,000,000 if using a driving license not issued by a competent authority.
In addition to being fined, vehicle drivers using a fake drivering license or a driving license not issued by a competent authority will also be subject to additional confiscation of the fake driving license as prescribed in Clause 9 Article 21 Decree above.
Using a fake driving license is criminally prosecuted
According to Article 341 of the 2015 Penal Code as amended by Clause 126, Article 1 of the Penal Code 2017, the crime of using fake seals or documents of an agency or organization is punished as follows:
– Those who use forged seals, documents or papers to commit illegal acts shall be subject to a fine of between VND 30,000,000 and 100,000,000, a non-custodial reform for up to 3 years or a prison term of from 6 months. months to 2 years.
– Committing the crime in one of the following circumstances, the offenders shall be sentenced to between two and five years of imprisonment:
- Organizing;
- Committing the crime twice or more;
- Using a seal, document or other document to commit a less serious crime or a serious crime;
- Gaining illicit profits from VND 10,000,000 to under VND 50,000,000;
- Dangerous recidivism.
– Committing the crime in one of the following circumstances, the offenders shall be sentenced to between three and seven years of imprisonment:
+ Using a seal, document or other document to commit a very serious crime or a particularly serious crime;
+ Gaining illegal profits of VND 50,000,000 or more.
– The offenders may also be fined from VND 5,000,000 to VND 50,000,000.
Please see more:
- Pay online fines for traffic violations in Vietnam
- Determining the fault factor when a traffic accident occurs in Vietnam
- Procedures for vehicle registration for foreigners in Vietnam
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Frequently asked questions
Pursuant to Clause 4, Clause 10, Article 6 of Decree 100/2019/ND-CP as amended by Point g, Clause 34, Article 2 of Decree 123/2021/ND-CP, has the following provisions:
A fine of between VND 800,000 and VND 1,000,000 shall be imposed on vehicle operators who commit one of the following violations:
a) Operating a vehicle exceeding the prescribed speed from 10 km/h to 20 km/h;
b) Stopping or parking vehicles in road tunnels at the wrong places;
c) Overtaking a vehicle in cases where it is not allowed to overtake or overtake a vehicle at a section of road with a signboard stating that overtaking is prohibited for the type of vehicle being driven, except for the violations specified at Point h, Clause 3 of this Article. ;
d) Overtaking vehicles in road tunnels at the wrong places; making a U-turn in a road tunnel; e) Failure to obey traffic signal signals;
g) Failure to obey orders and instructions of traffic controllers or traffic controllers;
h) Persons operating vehicles using umbrellas (umbrellas), mobile phones, audio equipment, except hearing aids.
In addition to being fined, the vehicle driver committing the violation shall also be subject to the following additional sanctioning forms:
a) Committing the acts specified at Point g, Clause 2 of this Article, having priority signal transmitters confiscated or used in contravention of regulations;
b) Committing the acts specified at Points b, e and i, Clause 3; point dd, point e, point g, point h clause 4; Clause 5 of this Article shall be deprived of the right to use the driving license from 01 month to 03 months;
Thus, according to the above provisions, the act of running a red light can be subject to a fine of from VND 800,000 to VND 1,000,000, and the right to use a driver’s license from 1 month to 3 months. So it is legal for your friend to have his driver’s license revoked.
According to Article 17 of Circular 12/2017/TT-BGTVT supplemented by Clause 3, Article 2 of Circular 01/2021/TT-BGTVT, the validity period of a driver’s license is regulated as follows:
– Class A1, A2, A3 driver’s license with no term.
– Class B1 driving license is valid until the driver is full 55 years old for women and full 60 years old for men; In case the driver is over 45 years old for women and over 50 years old for men, the granted driving license is valid for 10 years from the date of issue.
– Class A4, B2 driver’s license is valid for 10 years from the date of issue.
– Class C, D, E, FB2, FC, FD, FE driving licenses are valid for 5 years from the date of issue.
– The duration of the driving license is indicated on the driving license.
Article 36 of this Circular regulates the re-issuance of driving licenses as follows:
Driver’s license has expired:
a) From 03 months to less than 01 year from the expiry date, the theory test must be re-tested to re-issue the driving license;
b) From 01 year or more, from the date of expiration, both theory and practice must be re-tested in order to re-issue a driving license.
Dossier for re-testing shall comply with the provisions of Clause 3, Article 19 of this Circular.
Thus, when the driving license expires, it is necessary to join a test to renew it.
Pursuant to Clause 1, Article 36 of Circular 12/2017/TT-BGTVT has the following provisions:
Driver’s license has expired
a) From 03 months to less than 01 year from the expiry date, the theory test must be re-tested in order to re-issue the driving license;
b) From 01 year or more, from the date of expiration, both theory and practice must be re-tested in order to re-issue a driving license.
Dossiers for re-testing shall comply with the provisions of Clause 3, Article 19 of this Circular.
Thus, according to the above regulations, if your driving license is overdue for 03 months or more, you must take the test when re-issuing your driving license. If your driving license is overdue for no more than 3 months, it will be considered for re-issuance of your driving license.
Conclusion: So the above is What is the punishment for using a fake driving license in Vietnam?. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
